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HomeMy WebLinkAboutSPECIAL PROVISIONS_2000403_FINALFinal SPECIAL PROVISIONS FOR CITY OF SAN LUIS OBISPO BATTERY ELECTRIC BUS CHARGING INFRASTRUCTURE Specification No. 2000403 September 2025 PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 919 Palm Street San Luis Obispo, CA 93401 (805) 781-7200 BATTERY ELECTRIC BUS CHARGING INFRASTRUCTURE Specification No. 2000403 Approval Date: July 16th, 2025 09/17/2025 07/16/2025 07/16/2025 TABLE OF CONTENTS NOTICE TO BIDDERS ..................................................................................................... I BID SUBMISSION ...................................................................................................................................... I BID DOCUMENTS .................................................................................................................................... II PROJECT INFORMATION ........................................................................................................................ II QUALIFICATIONS .................................................................................................................................... IV AWARD ..................................................................................................................................................... V ACCOMMODATION ................................................................................................................................. VI BID FORMS .................................................................................................................... A BID ITEM LIST FOR BATTERY ELECTRIC BUS CHARGING INFRASTRUCTURE, SPECIFICATION NO. 2000403 ............................................................................................................................................. A LIST OF SUBCONTRACTORS ................................................................................................................ C PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT .............................................................. D PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE ......................................................... D PUBLIC CONTRACT CODE SECTION 10232 STATEMENT ................................................................. D LABOR CODE SECTION 1725.5 STATEMENTS ................................................................................... D NON-COLLUSION DECLARATION .......................................................................................................... F BIDDER ACKNOWLEDGEMENTS .......................................................................................................... G QUALIFICATIONS .................................................................................................................................... H CERTIFICATION REQUIREMENT FOR PROCUREMENT OF STEEL, IRON, OR MANUFACTURED PRODUCTS. .............................................................................................................................................. I CERTIFICATION REQUIREMENT FOR PROCUREMENT OF BUSES, OTHER ROLLING STOCK AND ASSOCIATED EQUIPMENT. ................................................................................................................... I CONSTRUCTION CONTRACT DBE COMMITMENT ............................................................................. M DBE GOOD FAITH EFFORT VERIFICATION ......................................................................................... N ATTACH BIDDER’S BOND TO ACCOMPANY BID.................................................................................. P SPECIAL PROVISIONS .................................................................................................. 1 DIVISION I GENERAL PROVISIONS ....................................................................................................... 1 1 GENERAL ........................................................................................................................................... 1 2 BIDDING ............................................................................................................................................. 1 4 SCOPE OF WORK ............................................................................................................................. 2 5 CONTROL OF WORK ........................................................................................................................ 2 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC ....................................................... 2 9 PAYMENT ........................................................................................................................................... 2 DIVISION II GENERAL CONSTRUCTION ............................................................................................... 3 10 GENERAL ......................................................................................................................................... 3 DIVISION VIII MISCELLANEOUS CONSTRUCTION .............................................................................. 3 80 FENCES ........................................................................................................................................... 3 DIVISION IX TRAFFIC CONTROL DEVICES ........................................................................................... 3 84 MARKINGS ....................................................................................................................................... 3 DIVISION X ELECTRICAL WORK ............................................................................................................ 3 DIVISION XIII APPENDICES .................................................................................................................... 4 APPENDIX A – FORM OF AGREEMENT ....................................................................... 0 APPENDIX B – TECHNICAL SPECIFICATIONS ............................................................ 3 APPENDIX C – REQUIRED FEDERAL CLAUSES ........................................................ 4 APPENDIX D – DAVIS-BACON WAGE DETERMINATION ........................................... 5 NOTICE TO BIDDERS i NOTICE TO BIDDERS BID SUBMISSION Sealed bids will be received by the City of San Luis Obispo at the Public Works Administration Office located at 919 Palm Street, San Luis Obispo, California 93401, until 11:00 a.m. on October 16, 2025 at which time they will be publicly opened and read aloud. Public bid opening may be viewed via Microsoft Teams video conference and conference call. In person attendance will be permitted. Use the following link: Submit bid in a sealed envelope plainly marked: Battery Electric Bus Charging Infrastructure, Specification No. 2000403 Any bid received after the time and date specified will not be considered and will be returned to the bidder unopened. Bids received by Fax or Email will not be considered. By submission of bid you agree to comply with all instruction and requirements in this notice and the contract documents. All bids must be submitted on the Bid Item List form(s) provided and submitted with all other Bid Forms included in these Special Provisions. Each bid must be accompanied by either a: 1. certified check 2. cashier’s check 3. bidder’s bond made payable to the City of San Luis Obispo for an amount equal to ten percent of the bid amount as a guaranty. Guaranty will be forfeited to the City San Luis Obispo if the bidder, to whom the contract is awarded, fails to enter into the contract. The City of San Luis Obispo reserves the right to accept or reject any or all bids or waive any informality in a bid. All bids are to be compared based on the City Engineer’s estimate of the quantities of work to be done, as shown on the Bid Item List. NOTICE TO BIDDERS NOTICE TO BIDDERS ii Bids will only be accepted from bidders that are licensed in compliance with the provisions of Chapter 9, Division III of Business and Professions Code. The award of the contract, if awarded, will be to the lowest responsive bid submitted by a responsible contractor whose bid complies with the requirements prescribed. If the contract is awarded, the contract will be awarded within 60 calendar days after the opening of the bids. Failure to raise defects in the notice to bidders or bid forms prior to bid opening constitute a waiver of those defects. BID DOCUMENTS A copy of the plans and special provisions may be downloaded, free of charge, from the City’s website at: www.slocity.org/government/department-directory/public-works/public-works-bids- proposals Standard Specifications and Engineering Standards referenced in the Special Provisions may be downloaded, free of charge, from the City’s website at: www.slocity.org/government/department-directory/public-works/documents- online/construction-documents You are responsible to obtain all issued addenda prior to bid opening. Addenda will be available to download at the City’s website listed above or at the office of the City Engineer. Contact the project manager, Emma Laplante at (805) 781-7199 or the Public Works Department at (805) 781-7200 prior to bid opening to verify the number of addenda issued. You are responsible to verify your contact information is correct on the plan holders list located on the City’s website at: www.slocity.org/government/department-directory/public-works/public-works-bids- proposals. PROJECT INFORMATION In general, the project consists of installing electric vehicle infrastructure at the Transit Facility. NOTICE TO BIDDERS NOTICE TO BIDDERS iii The project estimated construction cost and contract time established for the project is as follows: BASE BID: $222,000 20 Working Days ADDITIVE ALTERNATIVE: $43,550 2 Working Days TOTAL PROJECT BID (BASE BID + ADD ALT): $265,550 The fixed liquidated damages amount is established at $500 per day for failure to complete the work within the contract time. In compliance with section 1773 of the Labor Code, the State of California Department of Industrial Relations has established prevailing hourly wage rates for each type of workman. Current wage rates may be obtained from the Division of Labor at: https://www.dir.ca.gov/oprl/DPreWageDetermination.htm This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. There will be an optional walkthrough on October 2th, 2025, at the Transit Facility (29 Prado Road, San Luis Obispo, CA 93405) at 2 PM. Meet in the front parking lot and then proceed to the site. Bidders are herby notified that this contract is subject to the Required Federal Clauses listed in Appendix C. This contract is subject to the Davis-Bacon Federal minimum wage rates and State prevailing wage rates. In addition to the State prevailing wage rates, the Federal minimum wages for this project, as predetermined by the United States Secretary of Labor, are incorporated in this document in Appendix D. If there is a difference between the Federal Minimum Wages and the General Prevailing Wage Determinations, as predetermined by the Secretary of Labor and by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors must pay 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”, other classifications based on hours of experience, or any other classifications not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination, the Contractor and subcontractor NOTICE TO BIDDERS NOTICE TO BIDDERS iv cannot pay less than the Federal minimum wage rate which most closely approximates the duties of employees in question. A Contractor’s Guide to Prevailing Wage Requirements for Federally-Assisted Construction may be obtained from the U.S. Department of Housing and Urban Development website: https://files.hudexchange.info/resources/documents/Davis-Bacon-and-Labor- Standards-Contractor-Guide-Addendum.pdf QUALIFICATIONS You must possess a valid Class A Contractor’s License at the time of the bid opening. You and any subcontractors required to pay prevailing wage must be registered with the Department of Industrial Relations pursuant to Section 1725.5 of the Labor Code. You must have experience constructing projects similar to the work specified for this project. Provide three similar reference projects completed as either the prime or subcontractor. All referenced projects must have been completed within the last five years from this project’s bid opening date. One of the three reference projects must have been completed under contract with a city, county, state or federal government agency as the prime contractor. One of the referenced projects must be for the construction of reinforced concrete. Two of the referenced projects must be for the installation of electric vehicle charging infrastructure. Failure to provide reference projects as specified in this section and as required on the qualification form is cause to reject a bid as being non-responsive. The City reserves the right to reject any bid based on non-responsiveness if a bidder fails to provide a bid that complies with all bidding instructions. The City reserves the right to reject a responsive bid based on the non-responsibility of the bidder if the Director of Public Works or Designee finds, after providing notice and a hearing to the bidder, that the bidder lacks the 1. knowledge 2. experience, 3. or is otherwise not responsible as defined in Section 3.24 of the San Luis Obispo Municipal Code to complete the project in the best interest of the City. Rejected bidders may appeal this determination. Appeal must comply with the requirements in this Notice to Bidders. NOTICE TO BIDDERS NOTICE TO BIDDERS v It is the City of San Luis Obispo’s intent to award the contract to the lowest responsive bid submitted by a responsible bidder. If in the bidder’s opinion the contract has been or may be improperly awarded, the bidder may protest the contract award. Protests must be filed no later than five working days after either: 1. bid opening date 2. notification of rejected bid. Protest must be in writing and received by the project manager located at: 919 Palm Street San Luis Obispo, CA 93401. Valid protests must contain the following information: 1. the reasons for the protest 2. any supporting documentation 3. the ruling expected by the City to remedy the protest. Any protest not containing all required information will be deemed invalid and rejected. The City will consider additional documentation or other supporting information regarding the protest if submitted in compliance to the specified time limits. Anything submitted after the specified time limit will be rejected and not be considered. The Director of Public Works or Designee may request additional information to be submitted within three days of the request, unless otherwise specified, and will notify the protester of ruling within ten days of determination. If the protester is not satisfied with ruling, the protester may appeal the ruling to the City Council in compliance with Chapter 1.20 of the City of San Luis Obispo Municipal Code. Pursuant to the Public Records Act (Government Code, § 6250, et seq.), the City will make public records available upon request. AWARD The lowest bidder will be determined by the BASE BID. As a condition to executing a contract with the City, two bonds each equal to one hundred percent of the total contract price are required in compliance with Section 3-1.05 of the Standard Specifications. You may substitute securities for moneys withheld under the contract in compliance with the provisions of the Public Contract Code, Section 10263. NOTICE TO BIDDERS NOTICE TO BIDDERS vi ACCOMMODATION If any accommodations are needed to participate in the bid process, please contact Allie Genard at (805) 781-7200 or by Telecommunications Device for the Deaf at (805) 781- 7107. Requests should be made as early as possible in the bidding process to allow time for accommodation. BID FORMS A BID FORMS All bid forms must be completed and submitted with your bid. Failure to submit these forms and required bid bond is cause to reject the bid as nonresponsive. Staple all bid forms together. THE UNDERSIGNED, agrees that they have carefully examined: 1. the location of the proposed work 2. the plans and specifications 3. read the accompanying instructions to bidders and propose to furnish all: 4. materials 5. labor to complete all the required work satisfactorily in compliance with 6. plans 7. specifications 8. special provisions for the prices set forth in the bid item list: BID ITEM LIST FOR BATTERY ELECTRIC BUS CHARGING INFRASTRUCTURE, SPECIFICATION NO. 2000403 BASE BID Item Item Unit of Estimated Item Price Total No. SS(1) Description Measure Quantity (in figures) (in figures) 1 17 Clearing and Grubbing LS 1 ------ 2 15 Remove Chain Link Fence LF 20 3 41 Concrete Removal SQFT 402 4 26 Class II Aggregate Base CY 11 5 80 Chain Link Fence LF 53 *6 77 Pothole Existing Utilities EA 4 7 51 Power Block Concrete Pad LS 1 ------ 8 86 Power Block Mounting Plates EA 6 9 86 Set Power Block EA 2 10 15 Modify Charging Station Concrete Pad and Set Charger EA 4 11 86 Pull Boxes EA 3 (S)12 86 Conduit, Bends, and Material LS 1 ------ (S)13 86 Conductors LS 1 ------ (S)14 77 Circuit Breakers LS 1 ------ 15 12 Bollards EA 4 16 40 Concrete Pavement SQFT 402 BID FORMS BID FORMS B Item Item Unit of Estimated Item Price Total No. SS(1) Description Measure Quantity (in figures) (in figures) 17 84 Striping - Thermoplastic LS 1 ------ Base Bid Total $ 18 15 Concrete Removal SQFT 200 19 26 Class II Aggregate Base SQFT 200 20 86 Set Power Block EA 1 21 15 Modify Charging Station Concrete Pad and Set Charger EA 2 22 86 Pull Boxes EA 1 (S)23 86 Conduit, Bends, and Material LS 1 ------ (S)24 86 Conductors LS 1 ------ 25 40 Concrete Pavement SQFT 200 26 84 Striping - Thermoplastic LS 1 ------ Alternate Bid Total $ Total Project Bid = (Base Bid + Alternative Bid) $ Company Name: (1) refers to section in the Standard Specifications, with modifications in the Special Provisions, that describe required work. (S) Specialty item per Section 5-1.13A SUBCONTRACTING, General of the Standard Specification. BID FORMS BID FORMS C LIST OF SUBCONTRACTORS Pursuant to Section 4100 of the Public Contracts Code and section 2-1.33C of the standard specifications, the Bidder is required to furnish the following information for each Subcontractor performing more than ½ percent (0.5%) of the total base bid. Do not list alternative subcontractors for the same work. Subcontracting must not total more than fifty percent (50%) of the submitted bid except as allowed in section 5-1.13 of the standard specifications. For Streets & Highways projects, subcontractors performing less than ten thousand dollars ($10,000) worth of work need not be mentioned. Subcontractors required to pay prevailing wage, must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 to be listed. NOTE: If there are no subcontractors, write “NONE” and submit with bid. Name Under Which Subcontractor is Licensed License Number DIR Public Works Registration Number Address and Phone Number of Office, Mill or Shop Specific Description of Subcontract % of Total Base Bid Attach additional sheets as needed. BID FORMS BID FORMS D PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT In compliance 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, or any subcontractor to be engaged by 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 Bid. Signing this Bid on the signature portion constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In compliance with Public Contract Code Section 10162, the Bidder must 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 If the answer is yes, attach a letter explaining the circumstances PUBLIC CONTRACT CODE SECTION 10232 STATEMENT In compliance with Public Contract Code Section 10232, you hereby state under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against you within the immediately preceding two-year period because of your failure to comply with an order of a federal court which orders you to comply with an order of the National Labor Relations Board. LABOR CODE SECTION 1725.5 STATEMENTS The bidder has delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. Any judgment, order, or determination that is under appeal is excluded, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means. BID FORMS BID FORMS E Yes No The bidder is currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. Yes No NOTE: The above Statements and Questionnaire are part of the Bid. Signing this Bid on the signature portion constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. BID FORMS BID FORMS F NON-COLLUSION DECLARATION I, , declare that I am of , the party making the foregoing bid 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 refrained 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. Executed on , 20 , in __ I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. (Signature and Title of Declarant) (SEAL) Subscribed and sworn to before me this _______day of _________, 20_____ Notary Public Company Name:____________________ BID FORMS BID FORMS G BIDDER ACKNOWLEDGEMENTS By signing below, the bidder acknowledges and confirms that this bid is based on the information contained in all contract documents, including the notice to bidders, plans, specifications, special provisions, and addendum number(s) . (Note: You are responsible to verify the number of addenda prior to the bid opening.) The undersigned further agrees that in case of default in executing the required contract, with necessary bonds, within eight days, (not including Saturdays, Sundays, and legal holidays), after having received a mailed notice that the contract is ready for signature, the proceeds of the check or bond accompanying his bid will become the property of the City of San Luis Obispo. Licensed in accordance with an act providing for the registration of contractors, License No. , Expiration Date . The above statement is made under penalty of perjury, and any bid not containing this information “will be considered non-responsive and will be rejected” by the City. Signature of Bidder (Print Name and Title of Bidder) DIR– Public Works Registration No: Business Name (DBA): Owner/Legal Name: Indicate One: Sole-proprietor  Partnership Corporation List Partners/Corporate Officers: Name Title Name Title Name Title Business Address Street Address Mailing Address City, State, Zip Code Phone Number Fax Number Email Address Date BID FORMS BID FORMS H QUALIFICATIONS Failure to furnish complete reference information ON THIS FORM, as specified in this project’s Notice to Bidders and indicated below, is cause to reject the bid. Additional information may be attached but is not a substitute for this form. Reference Number 1 Customer Name & Contact Individual Telephone & Email Project Name (Site Address): Is this similar to the project being bid and did this project include the construction of reinforced concrete? Yes □ No □ Describe the services provided and how this project is similar to that which is being bid: Date project completed: Was this contract for a public agency? Yes □ No □ Reference Number 2 Customer Name & Contact Individual Telephone & Email Project Name (Site Address): Is this similar to the project being bid and did this project include the installation of electric vehicle charging infrastructure? Yes □ No □ Describe the services provided and how this project is similar to that which is being bid: Date project completed: Was this contract for a public agency? Yes □ No □ Reference Number 3 Customer Name & Contact Individual Telephone & Email Project Name (Site Address): Is this similar to the project being bid and did this project include the installation of electric vehicle charging infrastructure? Yes □ No □ Describe the services provided and how this project is similar to that which is being bid: Date project completed: Was this contract for a public agency? Yes □ No □ BID FORMS BID FORMS I Buy America Federal Clause CERTIFICATION REQUIREMENT FOR PROCUREMENT OF STEEL, IRON, OR MANUFACTURED PRODUCTS. Certificate of Compliance with 49 U.S.C. 5323(j)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1) and the applicable regulations in 49 CFR Part 661.5. Date Signature Company Name Title Certificate of Non-Compliance with 49 U.S.C. 5323(j)(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(1) and 49 CFR 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7. Date Signature Company Name Title CERTIFICATION REQUIREMENT FOR PROCUREMENT OF BUSES, OTHER ROLLING STOCK AND ASSOCIATED EQUIPMENT. Certificate of Compliance with 49 U.S.C. 5323(j)(2)I. The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(2)I and the regulations at 49 C.F.R. Part 661.11. Date Signature Company Name Title BID FORMS BID FORMS J Certificate of Non-Compliance with 49 U.S.C. 5323(j)(2)I The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(2)I and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 CFR 661.7. Date Signature Company Name Title BID FORMS BID FORMS K Byrd Anti-lobbying Amendment Federal Clause APPENDIX A, 49 CFR PART 20–CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: a) 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 an 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. b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any 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 Form to Report Lobbying,” in accordance with its instructions [as amended by “Government wide Guidance for New Restrictions on Lobbying,” 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 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 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). 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. Note: Pursuant to 31 U.S.C. § 1352I(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure. BID FORMS BID FORMS L The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Signature of Contractor’s Authorized Official Name and Title of Contractor’s Authorized Official Date BID FORMS BID FORMS M Local Agency Contract Number: Federal-Aid Project Number: Bid Opening Date: Contract Award Date: Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate. 25. Local Agency Representative's Signature 26. Date 16. Preparer's Signature 17. Date 27. Local Agency Representative's Name 28. Phone 18. Preparer's Name 19. Phone 29. Local Agency Representative's Title 20. Preparer's Title IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed above must be consistent, where applicable with the names and items of the work in the "Subcontractor List" submitted with your bid. Written confirmation of each listed DBE is required. 15. TOTAL CLAIMED DBE PARTICIPATION Local Agency to Complete this Section 14. DBE Dollar Amount 13. DBE Contact Information (Must be certified on the date bids are opened) 12. DBE Certification Number 11. Description of Work, Service, or Materials Supplied 10. Bid Item Number CONSTRUCTION CONTRACT DBE COMMITMENT The City of San Luis Obispo (“City”), established a Disadvantaged Business Enterprise (DBE) goal for this project. 1. Local Agency:_City of San Luis Obispo______ 2. Contract DBE Goal:_______0.5%__________ 3. Project Description:_ Battery Electric Bus Charging Infrastructure (Specification 2000403)_ 4. Project Location:__ Transit Facility (29 Prado)____________________ Bidder’s Name:______________________ 6. Prime Certified DBE:  7. Bid Amount:_______________ 9. Total Dollar Amount for ALL Subcontractors: ___________9. Total Number of ALL Subcontractors: ________ DISTRIBUTION: 1. Original –Agency. 2. Copy – Federal Grant Administrator. Failure to submit to within 30 days of contract execution may result in de-obligation of federal funds on contract. Include additional copy with award package. BID FORMS BID FORMS N DBE GOOD FAITH EFFORT VERIFICATION Construction Project: Battery Electric Bus Charing Infrastructure Specification No. 2000403 Bidder Name: ________________________________ Bidder Phone Number: __________________ Bidder Address: ________________________________________________________________________ Bid Meets DBE Goal (yes or no) ________ If no, proceed with Good Faith Effort Verification. The City of San Luis Obispo (“City”), in accordance with 40 CFR part 33, requires Bidders to provide information pertaining to the use of minority businesses, women’s business enterprises, and labor surplus area firms (referred to herein as “DBEs”). Please provide the following information, using additional sheets of paper if necessary, and submit this form with your bid. Bidder should also submit mail logs, phone logs, electronic searches and communication, newspaper clippings or similar records documenting efforts to meet the Good Faith Effort requirements. 9. Solicitation Lists/Publications. The names and dates of each publication in which a request for DBE participation for this Project was placed by the Bidder (please attach copies of advertisements and/or proofs of publication), or information related to solicitation lists on which DBEs were included: Publications/Solicitation Lists Dates of Advertisement 2. Soliciting DBEs as Potential Sources. The names and dates of written notices sent to certified DBEs soliciting bids for this Project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Name of DBEs Solicited Date of Initial Solicitation Follow Up Methods and Dates BID FORMS BID FORMS O 9. Division of Requirements. The items of work which the Bidder made available to DBE firms including, where appropriate, any breaking down of the contract work items (including those items normally performed by the Bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the Bidder’s responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms. Items of Work Bidder Normally Performs Item? (Yes/No) Breakdown of Items Amount ($) Percentage of Contract (%) 4. Delivery Schedules. Efforts made to establish delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 5. Contracting with DBE Consortium. Efforts to encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 6. Services of Other Agencies. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms, such as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.): Name of Agency/Organization Method/Date of Contact Results Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ BID FORMS BID FORMS P ATTACH BIDDER’S BOND TO ACCOMPANY BID Know all men by these presents: That we ____________________________________________, AS PRINCIPAL, and _______________________________________________________, AS SURETY, are held and firmly bound unto the City of San Luis Obispo in the sum of: ____________________________________________________ Dollars (_____________) to be paid to said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain bid of the above bounden ______________________________________________________________________ to construct ___________________________________________________________________ (insert name of street and limits to be improved or project) dated _____________________ is accepted by the City of San Luis Obispo, and if the above bounden _______________________________________________________, his heirs, executors, administrators, successors, and assigns shall duly enter into and execute a contract for such construction and shall execute and deliver the two bonds described within ten (10) days (not including Saturdays, Sundays, or legal holidays) after the above bounden, ______________________________________________________, has received notice by and from the said City of San Luis Obispo that said contract is ready for execution, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. IN WITNESS WHEREOF, we hereunto set our hands and seals this ___ day of ______, 20____. Bidder Principal: Signature Date Title: Surety: Bidder’s signature is not required to be notarized. Surety’s signature must be notarized. Equivalent form may be substituted (Rev. 6-30-14) SPECIAL PROVISIONS 1 SPECIAL PROVISIONS ORGANIZATION Special provisions are under headings that correspond with the main section heading of the Standard Specifications. Each special provision begins with a revision clause that describes or introduces a revision to the Standard Specifications. Any paragraph added or deleted by a revision clause does not change the paragraph number of the Standard Specifications for any other reference to a paragraph of the Standard Specifications. DIVISION I GENERAL PROVISIONS 1 GENERAL Add to Section 1-1.01 GENERAL: The work must be done in compliance with the City of San Luis Obispo, Department of Public Works: 1. Battery Electric Bus Charging Infrastructure Special Provisions 2. City of San Luis Obispo Standard Specifications and Engineering Standards – 2020 edition 3. State of California, Department of Transportation Standard Specifications and Standard Plans – 2015 edition In case of conflict between documents, governing ranking must comply with section 5- 1.02 of the City of San Luis Obispo’s Standard Specifications. Failure to comply with the provisions of these sections is a material breach of contract: 1. Sections 5 through 8 of the Standard Specifications 2. Section 12 through 15 of the Standard Specifications 3. Section 77-1 of the Standard Specifications 4. Section 81 of the Standard Specifications 5. authorized working hours 6. OSHA compliance 2 BIDDING Add to Section 2-12A DISADVANTAGED BUSINESS ENTERPRISES, General with: The Contractor is directed to the provisions in Appendix C of these contract documents titled: “REQUIRED FEDERAL CLAUSES”. These provisions apply to all work performed under this contract. The Contractor is required to physically insert these same provisions into each subcontract and subsequent lower-tier subcontract. They may not be incorporated by reference. Failure to comply with this requirement represents grounds for contract termination and debarment. Bidders are advised that, as required by Federal law, the City of San Luis Obispo has implemented a Disadvantaged Business Enterprise (DBE) goal. Refer to Appendix C for Federal Requirements. The DBE contract goal for this project has been set at 0.5%. SPECIAL PROVISIONS SPECIAL PROVISIONS 2 4 SCOPE OF WORK Add to Section 4-1.03 WORK DESCRIPTION: Comply with the provisions of Sections 3, 5, 7, 12, 13, 15, 26, 39, 40, 41, 51, 70, 72, 77, 80, 84, 86, and 96 for general, material, construction, and payment specifics. 5 CONTROL OF WORK Add to Section 5-1.01 GENERAL: Contractor to maintain access to bus maintenance building, bus probe/scanner, bus wash, and area to allow busses to maneuver around the maintenance building for the duration of the project except when concrete rehabilitation is in direct conflict with the area. Provide the Engineer and Transit Division five (5) days notice prior to blocking access to bus maintenance shop, bus wash, or bus probe. The city will temporarily relocate buses during the construction of the project The city will provide all ChargePoint equipment to be installed by the contractor. 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC Add to Section 7-1.03B PUBLIC CONVENIENCE, Traffic Control Plan Provide traffic control plan and traffic control application at or before the preconstruction meeting. Traffic control plan must be drawn to scale. Traffic control application may be obtained on the City’s website: www.slocity.org/government/department-directory/public-works/documents- online/construction-documents Upon approval of the traffic control plan, the City will issue a no-fee Encroachment Permit. Permittee is responsible to comply with all conditions of the traffic control plan. Complete work using due diligence to restore free flowing of traffic. 9 PAYMENT Add to Section 9-1.01 GENERAL: Work as specified in these specifications and as shown on the Plans for which no separate payment is provided for in the Bid Item List will be considered a subsidiary obligation of the Contractor and the cost thereof shall be included in the applicable Contract prices for the item to which the work applies. SPECIAL PROVISIONS SPECIAL PROVISIONS 3 DIVISION II GENERAL CONSTRUCTION 10 GENERAL Add Section 10-1.02A, General Constraints on Sequence and Schedule of Work: The Battery Electrical Bus Charging Infrastructure site in the City of San Luis Obispo (City) is a critical facility for the ongoing operations of the City’s transit operations program. Conduct work in a manner that will not impair the operational capabilities of essential elements of the site. Utilize description of critical events in work sequence in this Section as a guideline for scheduling and undertaking the Work. Work sequence and constraints presented do not include all items affecting completion of the Work but are intended to describe critical events necessary to minimize disruption of the existing facilities and to ensure no interruption of service operations of City’s safety response teams. Add Section 10-1.02F, Shutdown and Construction Constraints: Execute the Work while the existing facility is in operation. Add Section 10-1.02G, Operations and Maintenance Access: Provide safe, continuous access to bus maintenance facilities for City personnel. DIVISION VIII MISCELLANEOUS CONSTRUCTION 80 FENCES Add to Section 80-3.01A, Summary: Chain link fence shall be galvanized type CL-6, BW and comply with Caltrans Standard Plans including A85, A85A, and A85B. DIVISION IX TRAFFIC CONTROL DEVICES 84 MARKINGS Add to Section 84-2.03C Application of Stripes and Markings: Preformed thermoplastic is only allowed with the approval of the Engineer. DIVISION X ELECTRICAL WORK 86 ELECTICAL SPECIAL PROVISIONS SPECIAL PROVISIONS 4 Add Section 86-1.01, GENERAL: For construction specifications of electrical items, the Electrical Plans shall take precedent over the State Standard Specifications. Refer to Electrical Sheets of the Plan Set and to Technical Specifications included in Appendix B. DIVISION XIII APPENDICES Add Section 100-1.01 APPENDICES: Appendix A - Form of Agreement Appendix B – Technical Specifications Appendix C – Required Federal Clauses Appendix D – Davis-Bacon Wage Determination APPENDIX APPENDIX 0 APPENDIX A – FORM OF AGREEMENT THIS AGREEMENT, made on _____________, by and between the City of San Luis Obispo, a municipal corporation and charter city, San Luis Obispo County, California (hereinafter called the Owner) and COMPANY NAME (hereinafter called the Contractor). WITNESSETH: That the Owner and the Contractor for the consideration stated herein agree as follows: ARTICLE 1, SCOPE OF WORK: The Contractor shall perform everything required to be performed, shall provide and furnish all of the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required to complete all the work of construction of NAME OF PROJECT, SPEC NO. in strict compliance with the plans and specifications therefor, including any and all Addenda, adopted by the Owner, in strict compliance with the Contract Documents hereinafter enumerated. It is agreed that said labor, materials, tools, equipment, and services shall be furnished and said work performed and completed under the direction and supervision and subject to the approval of the Owner or its authorized representatives. ARTICLE II, CONTRACT PRICE: The Owner shall pay the Contractor as full consideration for the faithful performance of this Contract, subject to any additions or deductions as provided in the Contract Documents, the contract prices as follows: Item No. Item Unit of Measure Estimated Quantity Item Price (in figures) Total (in figures) 1. 2. 3. BID TOTAL: $ .00 Payments are to be made to the Contractor in compliance with and subject to the provisions embodied in the documents made a part of this Contract. Should any dispute arise respecting the true value of any work omitted, or of any extra work which the Contractor may be required to do, or respecting the size of any payment to the Contractor, during the performance of this Contract, said dispute shall be decided by the Owner and its decision shall be final, and conclusive. APPENDIX APPENDIX 1 ARTICLE III, COMPONENT PARTS OF THIS CONTRACT: The Contract consists of the following documents, all of which are as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached: 1. Notice to Bidders and Information for Bidders 2. Standard Specifications and Engineering Standards 3. Special Provisions, any Addenda, Plans and Contract Change Orders 4. Caltrans Standard Specifications and Standard Plans 2015 5. Accepted Bid and Bid Bond 6. List of Subcontractors 7. Public Contract Code Sections 10285.1 Statement 8. Public Contract Code Section 10162 Questionnaire 9. Public Contract Code Section 10232 Statement 10. Labor Code Section 1725.5 Statements 11. Bidder Acknowledgements 12. Qualifications 13. Non-collusion Declaration 14. Agreement and Bonds 15. Insurance Requirements and Forms ARTICLE IV INDEMNIFICATION: The Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with the Contractor’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both the City and the Contractor, or should the City otherwise find the Contractor’s legal counsel unacceptable, then the Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. The Contractor obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of the City under any provision of this agreement, the Contractor shall not be required to indemnify and hold harmless the City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In APPENDIX APPENDIX 2 instances where the City is shown to have been actively negligent and where the City’s active negligence accounts for only a percentage of the liability involved, the obligation of the Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of the City. ARTICLE V. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said bid conflicting herewith. ARTICLE VI. Contractor is subject to compliance with all Required Federal Clauses per Exhibit A. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands this year and date first above written. CITY OF SAN LUIS OBISPO A Municipal Corporation __________________________________ Whitney McDonald, City Manager APPROVED AS TO FORM CONTRACTOR: Name of Company ________________________________ By:________________________________ J. Christine Dietrick City Attorney Name of CAO/President Its: CAO/PRESIDENT (2nd signature required if Corporation): By:________________________________ Name of Corporate Officer Its: ____________________ APPENDIX APPENDIX 3 APPENDIX B – TECHNICAL SPECIFICATIONS APPENDIX APPENDIX 4 APPENDIX C – REQUIRED FEDERAL CLAUSES APPENDIX APPENDIX 5 APPENDIX D – DAVIS-BACON WAGE DETERMINATION