REQUEST FOR PROPOSALS

Transcription

1 City of El Centro PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION DIESEL EMISSION RETROFIT DEVICES & INSTALLATION REQUEST FOR PROPOSALS PROJECT NO. CML-5169(035) JUNE 2013 Mandatory Pre-Proposal Meeting Date: Wednesday June 26 th, 9:00 AM Location: 307 W. Brighton Avenue, El Centro CA Bids Due Date: Thursday July 11 th, 2:00 PM Location: City Clerk s Office W. Main Street, El Centro CA 92243

2 CITY OF EL CENTRO INVITATION FOR BIDS DIESEL EMISSION RETROFIT DEVICES & INSTALLATION 1. GENERAL INFORMATION The City of El Centro is inviting bids for the DIESEL EMISSION RETROFIT DEVICES & INSTALLATION PROJECT NO. CML-5169(035) 2. SCOPE OF WORK To provide Diesel Emission Retrofit Devices and Installation. The goal is to purchase and install the most effective technology for each chosen vehicle or piece of equipment and its duty cycle. Diesel retrofit technologies in this RFP fall into Category III and they are specifically designed to reduce particulate matter (PM), carbon monoxide (CO), and hydrocarbon (HC) emissions from diesel engines. The products that must be offered under an Agreement are required to meet all appropriate automotive and equipment manufacturers warranty standards and related certifications. The Contractor(s) for the Agreement(s) must supply California Air Resources Board (CARB) verified retrofit technology. Both on-road and off-road vehicles and equipment are included and they are listed in Attachment D, Equipment and Vehicle Listing. Maintenance and cleaning of the retrofit devices may be negotiated by an Entity at a future date after installation. The successful Proposer will be expected to enter into a not-to-exceed Agreement with the City (reference Exhibit A). Attachments and Exhibits are available with the complete request for proposal/bid. 3. BID REQUIREMENTS SEALED BIDS will be accepted at the Office of the City Clerk, City Hall, 1275 West Main Street, El Centro, California until 2:00 pm on Thursday, July 11th, 2013, at which time all bids will be publicly opened and read aloud. Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his/her address, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form. Copies of plans and specifications may be obtained at the Office of the Director of Public Works, at the above address, for a non-refundable fee of $ Checks are to be made payable to the City of El Centro. MANDATORY PRE-BID MEETING: Bidders are required to attend a pre-bid meeting which will be conducted by the City of El Centro City Engineer ( the Engineer ) at 9:00 AM on Wednesday, June 26th, The meeting will be held at the City of El Centro, Public Works Yard Conference Room located at 307 W. Brighton Avenue in El Centro. This contract is subject to state contract nondiscrimination and compliance requirements pursuant to Government Code, Section Inquiries or questions based on alleged patent ambiguity of the plans, specifications or estimate must be communicated as a bidder inquiry prior to bid opening. Any such inquiries or questions, submitted after bid opening, will not be treated as a bid protest.

3 The City of El Centro affirms that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, 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 City of El Centro address and available from the California Department of Industrial Relations Internet web site at The applicable Federal minimum wage rates as predetermined by the United States Secretary of Labor are available in the City of El Centro s website under the section dedicated to this project which is found at In addition, a copy may be examined at the offices described above where project plans, special provisions, and bid forms may be seen. Revisions to the applicable Federal Wage Rates, up to 10 days before bid opening, will be identified by the issuance of an addendum with the corresponding Internet Website address of where the revisions can be found. The final contract documents signed by the local agency and the contractor, will physically include the Federal Wage Rates, or the Federal Wage Rates as revised by addendums, if any such addendums have been issued. Future effective general 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 Contract Documents. 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. 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 Anyone with knowledge of possible bid rigging, 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 abuse and is operated under the direction of the DOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. All bids are to be compared on the basis of the Director of Public Works estimate of the quantities of work to be done. A bid will only be accepted from a Contractor who is licensed in accordance with the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California as amended. DISADVANTAGED BUSINESS ENTERPRISES (DBE) Bidders are advised that, as required by federal law, the City of El Centro is implementing new Disadvantaged Business Enterprise requirements for Disadvantaged Business Enterprises (DBE). This project has a specific contract DBE Contract goal of 0%. No goal has been established; however bidders are encouraged to obtain DBE participation in their contract. Plans, specifications and bid forms may be obtained at the Office of the City Engineer located at City Hall, 1275 Main Street, El Centro, California.

4 If bidder is a corporate entity and is awarded the contract, prior to execution of the contract, the contractor shall submit satisfactory, documentary proof that the person(s) executing the contract on the behalf of said corporation has authority to do so. CITY S RIGHT RESERVED: The City reserves the right to reject any or all bids, to waive any informality in a bid and to make awards in the interest of the City. DATE: _June 10, 2013 END OF INVITATIONS FOR BIDS

5 DEFINITIONS: City The City of El Centro is soliciting for proposals from potential Contractors to provide Diesel Emission Retrofit Devices and Installation. The City is the City of El Centro as stated in this solicitation. Agreement - For the purpose of this RFP, Agreement means the City of El Centro Agreement, Exhibits A PART I PROPOSAL REQUIREMENTS SECTION A GENERAL INFORMATION 1. SCOPE OF AGREEMENT(S) To provide Diesel Emission Retrofit Devices and Installation. The goal is to purchase and install the most effective technology for each chosen vehicle or piece of equipment and its duty cycle. Diesel retrofit technologies in this RFP fall into Category III and they are specifically designed to reduce particulate matter (PM), carbon monoxide (CO), and hydrocarbon (HC) emissions from diesel engines. The products that must be offered under a Agreement are required to meet all appropriate automotive and equipment manufacturers warranty standards and related certifications. The Contractor(s) for the Agreement(s) must supply California Air Resources Board (CARB) verified retrofit technology. Both on-road and off-road vehicles and equipment are included and they are listed in Attachment D, Equipment and Vehicle Listing. Maintenance and cleaning of the retrofit devices may be negotiated by an Entity at a future date after installation. The successful Proposer will be expected to enter into a not-to-exceed Agreement with the City (reference Exhibit A). 2. FUELS CURRENTLY USED IN VEHICLES AND EQUIPMENT Currently, the City primarily uses Ultra-Low Sulfur Diesel (ULSD) in vehicles and equipment which will receive Diesel Emission Retrofit Devices. When recommending which Diesel Emission Device to be installed and in testing and monitoring the Contractor shall consider this information. 3. PROPOSAL INVITATION This document constitutes an invitation for sealed competitive proposals. This RFP is for use by the City for the types of Diesel Emission Retrofit Devices and Installation identified herein in accordance with the requirements and provisions herein. 4 ESTIMATED MAGNITUDE OF AGREEMENT(S) Currently, approximately $ 160,000 is available to the City to fund awarded orders under a Agreement(s) for the work covered under this RFP. SECTION B TECHNICAL SPECIFICATIONS AND WORK REQUIREMENTS 1. WORK PERFORMED BY THE CITY The City shall make available sufficient hours of staff personnel time required to meet with the Contractor to provide information and resolve issues. The Public Works Department has assigned a staff person who will oversee administration of the Agreement and provide support as needed. The City shall be responsible for implementing and maintaining usual, customary and appropriate internal accounting procedures and controls, internal controls and other appropriate procedures and controls. These controls will include information technology, proprietary information, and trade secret safeguards if appropriate. 2. TECHNICAL REQUIREMENTS and DELIVERABLES Deliverables shall be the specific Diesel Emission Retrofit Devices and Installation as ordered and delivered under the Agreement OVERVIEW Diesel retrofit technologies to be utilized are classified as Category III in this RFP and is specifically designed to reduce PM, CO, and HC emissions from diesel engines. The products that must be offered under a Agreement are required to meet all appropriate automotive and equipment manufacturers warranty standards and related certifications. Contractors must supply a California Air Resources Board (CARB) verified retrofit technology. The equipment to be offered and installed under this RFP is:

6 Category III: Diesel Particulate Filter (DPF) A DPF is an exhaust after-treatment device that uses wall-flow technology to prevent PM in the exhaust stream from being released to the atmosphere. Particles are trapped in the filter and then oxidized by high temperatures and/or a catalytic coating on the filter. DPFs can reduce PM, CO, and HC emissions by 60 to 90 percent. Products must reduce particulate emissions by at least 60 percent; All necessary mounting hardware, brackets, back-pressure monitors, warning devices, piping and insulation and other parts necessary for an installation to meet the emission control manufacturer s warranty and all requirements of CARB verification are included in this category and all such items shall be rust and corrosion resistant; and The Contractor must commit to perform appropriate engineering analysis, including exhaust temperature datalogging if necessary, prior to installation to ensure that the application meets all verification requirements as described in either the CARB Executive Order. 2.2 PRODUCTS AND TECHNOLOGIES Products must be verified under the California Air Resources Board (CARB) Diesel Emission Control Strategies Verification for the specified application. Proposers must include in their Proposal such verifications for each product and/or application being offered. It is desirable that such products not require the aid of secondary technologies or products. Proposers must provide only current production equipment. No used equipment or discontinued lines are acceptable. Proposers are cautioned that surplus, seconds, factory rejects, closeout or distressed items are not acceptable and, if furnished, will be rejected. The delivery of substandard items may result in a cancellation of the Agreement in whole or in part with Contractor. 2.3 INSTALLATION AND MAINTENANCE Contractors must supply and install products. It is desirable that Contractors install products as close to a vehicle s engine as feasible. It is desirable that Contractors offer products (e.g., replacement filters) and services (e.g., DPF cleaning) associated with the proper maintenance of the installed retrofit devices. Installation of retrofit equipment will be accomplished so as to minimize any modification to original equipment. Installation will be accomplished with as little interruption as possible to normal vehicle operations. Contractors will recycle scrap metal generated as a result of the installation TRAINING AND INSTRUCTION Contractors must provide to the vehicle owner hard copy written recommendations from the emissions control system manufacturer on the care and maintenance of the technology provided, as well as the manufacturer s written labor and materials warranty for services. Contractors must provide copies of the CARB verification letters for the installed retrofit technologies. Contractors must provide the vehicle owner with materials describing maintenance procedures and schedules, operations procedures, and any updated information about the retrofit devices. Contractors must be available to respond within a maximum of a 24-hour period should the owner have questions or concerns regarding the performance of the installed retrofit equipment LABELING Contractors must place a label for each installed retrofit device in a conspicuous location in the engine compartment whereby it can be easily read and understood. The label should clearly indicate that the vehicle has been retrofitted with a tailpipe device (Category I, II, or III) and/or an engine filter device (Category IV), and shall state if it is DOC, FTF, DPF, and/or CCV. 2.6 DOCUMENTATION AND REPORTING Contractors shall provide quarterly reports of retrofit device installations to include: number and type of devices installed, Entity, vehicle and engine type, date of installation, and cost. Reports shall be submitted electronically and Microsoft Excel is the preferred format. Contractor shall an end-of-project notification to the fleet representatives confirming that all requirements/tasks are complete. Contractor shall provide a copy of all electronic or hard copy correspondence between the Contractor and the fleet representatives regarding this project for the project life, and shall provide a copy of any correspondence upon request. 2.7 INSTALLATION LOCATION It will be the Contractor s option to determine where installation of the diesel emission retrofit devices are to be installed. If the Contractor prefers to install at the Entity s location the Entity will make the vehicles or equipment available in an outdoor lot; no power or any other utilities will be provided. No inside shop facilities will be provided. If the Contractor prefers to pick-up the vehicles or equipment and perform the work at their facility, the Contractor is responsible and liable for any damage to the vehicles or equipment in their possession from time of pick-up to return delivery to the Entity s facility. Prices proposed and incorporated into a Agreement will be inclusive of any transportation costs to the Contractor.

7 3. PRODUCT DESCRIPTION AND PERFORMANCE SPECIFICATIONS At a minimum, the products supplied must perform at the level specified in the CARB verification letter for the lifetime of the warranty. In addition, at a minimum, installation shall be performed in accordance with the following: Component design and materials shall be compatible with conditions and substances normally encountered in an engine compartment of a heavy-duty diesel engine. Components shall be securely installed to prevent dislodging. Hoses and wires shall be securely mounted and routed to prevent interference with other vehicle components or from being dislocated. All piping, tubing and ducting connections shall be clamped to be secure and leak free. Clamps shall not be torqued excessively such as to cause damage to the interfacing components. 4. SPECIFIC TASK REQUIREMENTS TO BE PERFORMED UNDER AGREEMENT The following tasks describe the flow of testing, installation, and verification to be performed under each Agreement order; the costs for these tasks shall be included in the prices on the Pricing Form: Task I (Pre-Installation Testing): The Contractor will work with the Entity to visually inspect the equipment and vehicles listed in Attachment D, Equipment and Vehicle Listing in order to identify the best candidates for retrofit devices. The Contractor will log the exhaust gas temperatures of a representative sampling of vehicles to determine appropriate candidates for retrofit with retrofit devices. All temperature logging must be conducted for a minimum of three (3) working days. The Contractor will provide all equipment necessary to log the exhaust gas temperatures, install said equipment before beginning the logging period, and remove said equipment following the end of the logging period. The Contractor will install the thermocouple at the exhaust inlet to the muffler to measure the temperature of gases entering the muffler. The Contractor will set up the on-board data logger to record the temperature at least every twenty (20) seconds. The Contractor will analyze the results of the data logging and recommend whether it is appropriate to proceed with installing the best available retrofit devices on specific vehicles or equipment based on the results of the representative temperature profiles. The Contractor will provide the Entity with a report that contains a copy of the temperature monitoring data and the Contractor s analysis of that temperature profile data. The Contractor shall include standard times in the proposal for completing this task. Task II: The Entity will determine which vehicles or equipment are appropriate candidates for retrofitting with retrofit devices. The Contractor will identify the best available retrofit kits for those determined vehicles and equipment and develop an installation schedule. The retrofit devices shall be currently verified by the California Air Resources Board. The Contractor shall provide documentation showing that each retrofit device selected has been verified by CARB. The Contractor shall ensure that installation of the retrofit device will not void any existing warranty on any retrofitted vehicle. Task III: The Contractor shall provide all retrofit devices and necessary mounting hardware required to install the retrofit devices. The retrofit devices will be attached using lap clamps and the joints will be sealed with high-temperature sealant. The Contractor shall minimize the number of clamps and adapters by replacing the vehicle's existing muffler with the retrofit devices. The retrofit devices shall be installed by the Contractor at the Contractor s facility unless otherwise accepted by the City. Following installation of the retrofit devices, the Contractor shall verify that the installation complies with the requirements of the North American Standard Inspection Procedure Level I published by the Commercial Vehicle Safety Alliance with respect to leaks from the specific portion of the exhaust system altered by the Contractor s installation of the retrofit devices. Specifically, for each installation, the Contractor shall check the portion of the exhaust system altered by the retrofit device and backpressure monitor installation for leaks and damage with the engine at idle and the exhaust system unrestricted. The Contractor shall repair any exhaust leak in that altered portion of the exhaust system at a seam or joint that can be felt with the bare hand six inches (6") from the point of the leak, in any direction, with the engine at idle, and without restriction to the exhaust system. The Contractor will complete installations and exhaust system leak checks within standard times as referenced in their proposal or as otherwise negotiate between the Entity and the Contractor. Contractor is responsible for pick-up of the vehicle or equipment and transportation to and from the Contractor s facility, including return of the vehicle or equipment to the Entity s facility or other mutually agreed upon location. The prices provided on the Pricing Form assume the vehicle or equipment will be located within the City of El Centro. 5. PRODUCT WARRANTY AND REQUIRED CERTIFICATION Proposers must agree to provide at least the minimum CARB full replacement warranty on the emission control system. All products supplied under the Agreement must not void any part of the engine warranty and carry the emission control manufacturer s warranty for performance, service, and vehicle liability. Products must comply with all safety requirements of the original equipment manufacturer. Contractors will be responsible to correct any damage to engines or equipment that is determined to result from the installation and/or use of their product(s) at no cost to the Entity. Such action will be conditioned on the Entity properly maintaining the vehicle or equipment, and making repairs in a timely manner. All products and services offered under the Agreement must comply with the statements and/or policies issued by the EPA and CARB.

8 6. PERIOD OF PERFORMANCE It is anticipated that the Agreement(s) will be available immediately. Contractor must procure the completion of the contract within 60 days of order by the City. 7. INSURANCE PROOF OF COVERAGE Work shall not commence until all insurance requirements have been met and certificates thereof have been filed with the Purchasing Agent or the Auditor. Insurance Public Liability and Property Damage The contractor shall provide and maintain public liability and property damage insurance in the minimum amount of $1,000,000 per occurrence that protects the contractor and the City and its officers, agents and employees from any and all claims, demands, actions and suits for damage to property or personal injury arising from the contractor s work under this contract The insurance shall be without prejudice to coverage otherwise existing, and shall name as additional insureds the City and its officers, agents and employees. Notwithstanding the naming of additional insureds, the insurance shall protect each additional insured in the same manner as though a separate policy had been issued to each, but nothing herein shall operate to increase the insurer s liability as set forth elsewhere in the policy beyond the amount or amounts for which the insurer would have been liable if only one person or interest had been named as insured. The coverage shall apply as to claims between insureds on the policy. The insurance shall provide that the insurance shall not terminate or be canceled without thirty (30) days written notice first being given to the City Auditor. If the insurance is canceled or terminated prior to completion of the contract, the contractor shall provide a new policy with the same terms. The contractor agrees to maintain continuous, uninterrupted coverage for the duration of the contract. Automobile Liability Automobile liability insurance with a combined single limit of not less than $1,000,000 each occurrence for bodily injury and property damage. The insurance shall include coverage for any damages or injuries arising out of the use of automobiles or other motor vehicles by the contractor. The insurance shall include coverage for any damages or injuries arising out of the use of automobiles or other motor vehicles by the Contractor. Workers Compensation Prior to the performance of any work under a contract awarded by the City, the contractor shall comply with the workers compensation law, ORS Chapter 656, as it may be amended, and if workers compensation insurance is required by ORS Chapter 656, the contractor shall maintain coverage for all subject workers as defined by ORS Chapter 656 and shall maintain a current, valid certificate of workers compensation insurance on file with the City Auditor for the entire period during which work is performed under the contract. 8. WAGE RATE REQUIREMENTS All laborers and mechanics employed by the Contractor and subcontractors shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Department of Labor (DOL) in accordance with subchapter IV of chapter 31 of title 40, United States Code. Subcontracts must include a term and condition requiring compliance with this provision as well as other lower tiered transactions. The Contractor and subcontractors are required to obtain wage determinations from the DOL. The Contractor and subcontractors shall pay the highest of State or Federal wages for the type of work performed. Certified payrolls will be required upon submission of an invoice to the City.

9 SECTION C ATTACHMENTS 1. Attachment A Representations, Certifications, and Acknowledgements The proposer shall complete these forms and submit them with their proposal. 2. Attachment B Non-Collusion Affidavit The proposer shall complete this form and submit it with their proposal. Note that the form must be notarized. 3. Attachment C Pricing Proposal Requirements The proposer shall submit their price proposal in accordance with these requirements. 4. Attachment D Equipment and Vehicle Listing, City This is the listing of potential candidate vehicles and equipment which may be included in orders for installation of diesel emission retrofit devices. 5. Exhibit A SAMPLE AGREEMENT (City of El Centro) The sample Agreement, shown as Exhibit A is the City s standard Agreement which will be the contractual instrument executed as a result of the selection process. Any requested deviations from this Agreement shall be clearly identified in the proposal.

10 PART II SECTION A PROPOSAL DEVELOPMENT PROPOSAL PREPARATION 1. MANDATORY PRE-PROPOSAL MEETING & SITE VISIT There will be a mandatory pre-proposal conference and site visit for this project on Wednesday, June 26, 2013, starting at 9:00 a.m. at City s Public Works Yard located at 307 W. Brighton Avenue. This is a mandatory meeting therefore anyone wishing to submit a proposal for this RFP must attend the pre-proposal conference and site visit. Following the initial meeting prospective proposers will visit the City facilities where representative vehicles and equipment will be available for inspection. Prospective proposers are responsible for their own transportation to both sites. An additional date for further investigations at the City facilities may be made based on requests from prospective proposers. 2. INVESTIGATION The proposer shall make all investigations necessary in order to be informed of the items to be furnished 3. QUESTIONS OR CLARIFICATIONS It shall be the respondent s responsibility to ask questions, request changes or clarifications, or otherwise advise the City of El Centro if any language, specifications or requirements of an RFP appear to be ambiguous, contradictory, or appear to inadvertently restrict or limit the requirements stated in the RFP to a single source. Every attempt shall be made to ensure that the proposer receives an adequate and prompt response. However, in order to maintain a fair and equitable RFP process, all respondents will be advised, via the issuance of an addendum to the RFP, of any relevant or pertinent information related to the procurement. Questions and requests for clarification regarding this Request for Proposal must be directed in writing, via or fax, to the person listed below at least ten (10) calendar days prior to the proposal due date. Therefore, respondents are advised that any questions received less than ten (10) calendar days prior to the RFP due date may not be answered. Hector Guzman 307 W. Brighton Avenue El Centro CA Phone: (760) hguzman@cityofelcentro.org Fax : (760) If, in the opinion of the Purchasing Agent, additional information or interpretation is needed by the respondents, an addendum will be issued. Any addendum or addenda issued by the Purchasing Agent, that may include changes, corrections, additions, interpretations, clarifications, or information, and issued seventy-two (72) hours or more before the scheduled due date and time for submitting the proposal, Saturday, Sunday, and legal holidays not included, shall be binding upon the respondent. City shall supply copies of such addenda to all respondents who have obtained copies and are on the plan holder list of the RFP documents for the purpose of responding thereon, but failure of the respondent to receive or obtain such addenda shall not excuse the respondent from compliance therewith if awarded the Agreement. 4. AGREEMENT REVIEW The Agreement/Contract as attached hereto contains the terms and conditions that will govern between the City and the Contractor. The City is not inclined to negotiate any portion of the Agreement/Contract, however, if a proposer believes any of the terms and conditions contained in the Agreement/Contract are unnecessarily restrictive, limit competition, or would like to request that specific terms and conditions be considered for negotiation, they must submit a written request for negotiation to the City at least seven (7) working days prior to the proposal due date. The request shall identify the specific provision(s) the proposer would like to negotiate, an explanation of why the proposer believes the provision should be a negotiable provision, and the suggested revised language. Requests that are not submitted in this format may not be considered. Requests that state the entire Agreement/Contract be negotiated will not be considered. If the City decides that a Agreement/Contract term can be changed, or is willing to consider negotiation of a term, an addendum will be issued. If no addendum is issued, the City will not consider negotiation of their standard Agreement/Contract terms. THIS WILL BE THE OFFEROR S ONLY OPPORTUNITY TO TAKE EXCEPTION TO ANY OF THE TERMS AND CONDITIONS CONTAINED WITHIN THE AGREEMENT/CONTRACT AND TO REQUEST THE NEGOTIATION OF PROVISIONS CONTAINED THEREIN. ANY PROPOSAL THAT TAKES EXCEPTION TO THE TERMS AND CONDITIONS OF THE SAMPLE AGREEMENT/CONTRACT WHICH HAVE NOT BEEN IDENTIFIED BY ADDENDUM AS SUBJECT TO NEGOTIATION OR WHICH MAKES THE PROPOSAL CONTINGENT UPON ACCEPTANCE OR NEGOTIATION OF OTHER TERMS AND CONDITIONS MAY BE DEEMED NON-RESPONSIVE AND THE PROPOSAL MAY BE REJECTED.

11 5. ORAL INSTRUCTIONS Oral instructions or information concerning the RFP documents or the project given out by officers, employees, or agents of the City to prospective respondents shall not bind the City. Any changes or revisions to the specifications shall only be binding if issued in writing by the City by addendum. The City reserves the right to officially amend or cancel an RFP after issuance. 6. PERMITS AND LICENSES The successful respondent shall include in their proposal the cost to obtain or maintain all permits, certifications and licenses that may be required to perform under the Agreement. 7. CHANGES TO THIS RFP The City reserves the right to modify, revise or cancel this RFP. Receipt and evaluation of proposals or the completion of interviews do not obligate the City to award a Agreement. SECTION B PROPOSAL SUBMISSION 1. PROPOSALS DUE By submitting a proposal, the respondent agrees to provide the types of items specified within the RFP, at the times and prices indicated, pursuant to all requirements and specifications as contained therein. Sealed proposals must be received in this office no later than the date and time shown on the cover of this solicitation. The outside of the envelope shall plainly identify the subject of the proposal, the RFP number and the name and address of the proposer. Responses received after time or date listed herein shall not be considered. Proposals received after the scheduled closing time for filing will be returned to the proposer unopened. 2. PROPOSAL For purposes of review and in the interest of the City s Sustainable Paper Use Policy and sustainable business practices in general, the City encourages the use of submittal materials (i.e. paper, dividers, binders, brochures, etc.) that contain postconsumer recycled content and are readily recyclable. The City discourages the use of materials that cannot be readily recycled such as PVC (vinyl) binders, spiral bindings, and plastic or glossy covers or dividers. Firms are encouraged to print/copy on both sides of a single sheet of paper wherever applicable (if sheets are printed on both sides, it is considered to be two pages). Color is acceptable, but content should not be lost by black-and-white printing or copying. All submittals will be evaluated on the completeness and quality of the content. Only those firms providing complete information as required will be considered for evaluation. The ability to follow these instructions demonstrates attention to detail. 3. PROPOSAL SUBMISSION For purposes of this proposal submission, one (1) complete original printed paper copy of the proposal shall be submitted along with two (2) exact paper copies. The entire proposal shall be received at the place and on or before the time and date specified on the first page of the RFP document. 4. CONFLICT OF INTEREST A respondent submitting a proposal thereby certifies that no officer, agent or employee of the City who has a pecuniary interest in this RFP, has participated in the Agreement negotiations on the part of the City, that the proposal is made in good faith without fraud, collusion, or connection of any kind with any other respondent of the same request for proposal, and that the respondent is competing solely in its own behalf without connection with, or obligation to, any undisclosed person or firm. 5. PROPOSAL ORGANIZATION Respondents must provide all information as requested in this RFP. Responses must follow the format outlined in this RFP. Additional materials in other formats, or pages beyond the stated page limit may not be considered. The City may reject as nonresponsive at its sole discretion any proposal or any part thereof, which is incomplete, inadequate in its response, or departs in any substantive way from the required format. Proposal responses shall be organized in the following manner: a. Cover Letter b. Demonstrated Ability to Meet or Exceed Environmental Requirements c. Stability and Experience of Proposer d. Demonstrated Ability to Meet or Exceed Quality and Service Levels e. Attachment A f. Attachment B g. Attachment C Pricing 5.a. COVER LETTER The Cover Letter must state that by submitting a response the proposer accepts all instructions and terms and conditions of the Request for Proposals.

12 At a minimum, the Cover Letter must state the name of the person(s) authorized to represent the proposer in any negotiations, the name(s) of the person(s) authorized to sign any Agreement that may result, the contact person s name, mailing or street address, phone and fax numbers and address. A legal representative of the firm, authorized to bind the firm in contractual matters must sign the Cover Letter and the Proposal response. 5.b. STABILITY AND EXPERIENCE OF THE PROPOSER Describe the stability of your company and your company s experience in providing diesel emission retrofit devices and installation described in this RFP, to include the following: 1 Provide a brief history of your firm and its experience in providing Diesel Emission Retrofit Devices and Installation described in this RFP, to include the types of items on both on-road vehicles as well as heavy duty construction equipment, general size of orders, and yearly volume. 2 Provide a brief list of customers for a municipality or other government subdivision, or comparable private commercial enterprise, as well as a brief description of projects for which your firm has provided Diesel Emission Retrofit Devices and Installation in the past five (5) years, which best characterizes your firm s capabilities, work quality, and cost control. Provide a minimum of three (3) customer references including business name, address, contact name, contact telephone number, and contact address. 3 Briefly describe your procedures for performing investigations, analysis, and making recommendation reports for candidate vehicles and equipment, as well as providing and installing emission control devices and ensuring work is performed in a timely manner including post-installation testing and inspection. Describe how you will meet mission critical installation requirements for essential equipment requiring short turn-around times. 5.c. DEMONSTRATED ABILITY TO MEET OR EXCEED QUALITY AND SERVICE LEVELS 1. Briefly describe your organization s philosophy toward quality and customer service. 2. State and explain the value-added services your firm provides and give examples. 3. Describe how you ensure work is performed on time and at the required quality level. 4. Describe your complaint escalation procedure and how your firm has been successful in resolving complaints and warranty issues. 5. Outline the various types of diesel emission retrofit devices and installation your company has provided in the past and describe some of the challenges you have been able to overcome in specific situations. 6. Explain how you plan to meet the warranty requirements of the RFP and if you have a better warranty plan include that in your proposal 7. Provide a description of the installation process and include the estimated time required for completing such processes. (Such processes shall comply with emission control manufacturer guidelines.) If you offer maintenance and/or cleaning services for the installed emission control devices please provide a description of those services. 8. Provide a previous report you prepared which shows information such as: number and type of devices installed, vehicle and engine type, pre-installation emission levels (PM, CO, HC), post-emission levels, date of installation, and cost. 9. Provide catalog cuts or other information which shows and describes the devices you propose installing as well as written verification that each diesel emission control device offered meets CARB verification processes.

13 5.d. PRICING Pricing shall be provided in the Pricing Proposal section of your proposal which meets the Pricing Proposal Requirements of Attachment C. All costs shall be included in your Pricing Proposal and these prices will be included in award of a Agreement. 5.e DIVERSITY IN EMPLOYMENT AND CONTRACTING REQUIREMENTS The City value diversity in the workforce and in the workforce of those who contract with the City and they have a significant interest in extending contracting opportunities to Minority, Women, and Disadvantage Business Enterprises (M/W/DBE) at both a prime and subcontracting level. The City is committed to ensuring that such firms receive opportunities and equal consideration to be awarded contracts and Agreements. Contractor shall submit Disadvantaged Business Enterprise Exhibit and Exhibit with the proposal. Instructions are included in the Exhibits for searching and reporting DBE use with the project. 6. WITHDRAWAL, MODIFICATION OR ALTERATION OF PROPOSAL Prior to the RFP due date and time, changes may be made provided the change is initialed by the respondent or authorized agent. Also, a proposal may be withdrawn upon written request of the respondent prior to the scheduled closing time for accepting proposals. Negligence on the part of the respondent in preparing their proposal confers no right to withdraw their response after the scheduled closing time for filing proposals. As a result of any of these actions, if the intent of the respondent is not clearly identifiable, the interpretation most advantageous to the City will prevail.

14 ATTACHMENT A Representations, Certificates, and Acknowledgements.

15 EXHIBIT 10-F CERTIFICATION OF CONSULTANT, COMMISSIONS & FEES I HEREBY CERTIFY that I am the representative of the firm of expressly stated, neither I nor the above firm that I represent have:, and duly authorized, whose address is, and that, except as hereby (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this contract; nor (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract; nor (c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind, for or in connection with, procuring or carrying out this contract. I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this contract involving participation of federal-aid highway funds, and is subject to applicable state and federal laws, both criminal and civil. (Date) (Signature)

16 EXHIBIT 10-I NOTICE TO PROPOSERS DBE INFORMATION The Agency has not established a goal for this Contract. However, proposers are encouraged to obtain DBE participation for this contract. 1. TERMS AS USED IN THIS DOCUMENT The term Disadvantaged Business Enterprise or DBE means a for-profit small business concern owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49, Code of Federal Regulations (CFR), Part The term Agreement also means Contract. Agency also means the local entity entering into this contract with the Contractor or Consultant. The term Small Business or SB is as defined in 49 CFR AUTHORITY AND RESPONSIBILITY A. DBEs and other small businesses are strongly encouraged to participate in the performance of Contracts financed in whole or in part with federal funds (See 49 CFR 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs ). The Consultant must ensure that DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The proposer must not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. B. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs. 3. SUBMISSION OF DBE INFORMATION If there is a DBE goal on the contract, Exhibit 10-O1 Consultant Proposal DBE Commitment must be included in the Request for Proposal. In order for a proposer to be considered responsible and responsive, the proposer must make good faith efforts to meet the goal established for the contract. If the goal is not met, the proposer must document adequate good faith efforts. All DBE participation will be counted towards the contract goal; therefore, all DBE participation shall be collected and reported. Exhibit 10-O2 Consultant Contract DBE Information must be included with the Request for Proposal. Even if no DBE participation will be reported, the successful proposer must execute and return the form. 4. DBE PARTICIPATION GENERAL INFORMATION It is the proposer s responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the Department s DBE program developed pursuant to the regulations. Particular attention is directed to the following: A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP). B. A certified DBE may participate as a prime consultant, subconsultant, joint venture partner, as a vendor of material or supplies, or as a trucking company. C. A DBE proposer not proposing as a joint venture with a non-dbe, will be required to document one or a combination of the following: 1. The proposer is a DBE and will meet the goal by performing work with its own forces.

17 2. The proposer will meet the goal through work performed by DBE subconsultants, suppliers or trucking companies. 3. The proposer, prior to proposing, made adequate good faith efforts to meet the goal. D. A DBE joint venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing, and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest. E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work. F. The proposer shall list only one subconsultant for each portion of work as defined in their proposal and all DBE subconsultants should be listed in the bid/cost proposal list of subconsultants. G. A prime consultant who is a certified DBE is eligible to claim all of the work in the Contract toward the DBE participation except that portion of the work to be performed by non-dbe subconsultants. 5. RESOURCES A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP. If you believe a firm is certified that cannot be located on the database, please contact the Caltrans Office of Certification toll free number for assistance. B. Access the CUCP database from the Department of Transportation, Office of Business and Economic Opportunity Web site at: 1. Click on the link in the left menu titled Disadvantaged Business Enterprise; 2. Click on Search for a DBE Firm link; 3. Click on Access to the DBE Query Form located on the first line in the center of the page. Searches can be performed by one or more criteria. Follow instructions on the screen. 6. MATERIALS OR SUPPLIES PURCHASED FROM DBES COUNT TOWARDS THE DBE GOAL UNDER THE FOLLOWING CONDITIONS: A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies. A DBE manufacturer is a firm that operates or maintains a factory, or establishment that produces on the premises the materials, supplies, articles, or equipment required under the Contract and of the general character described by the specifications. B. If the materials or supplies purchased from a DBE regular dealer, count 60 percent of the cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section. C. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers own distribution equipment shall be, by a long-term lease agreement and not an ad hoc or Agreement-by-Agreement basis. Packagers, brokers, manufacturers representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this section.

18 D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on the job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services.

19 EXHIBIT 10-J STANDARD CONTRACT PROVISIONS FOR SUBCONSULTANT/DBE PARTICIPATION 1. Subconsultants A. Nothing contained in this Contract or otherwise, shall create any contractual relation between the Agency and any subconsultants, and no subcontract shall relieve the Consultant of his/her responsibilities and obligations hereunder. The Consultant agrees to be as fully responsible to the Agency for the acts and omissions of its subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Consultant. The Consultant's obligation to pay its subconsultants is an independent obligation from the Agency's obligation to make payments to the Consultant. B. Any subcontract in excess of $25,000, entered into as a result of this Contract, shall contain all the provisions stipulated in this Contract to be applicable to subconsultants. C. Consultant shall pay its subconsultants within ten (10) calendar days from receipt of each payment made to the Consultant by the Agency. D. Any substitution of subconsultants must be approved in writing by the Agency s Contract Administrator in advance of assigning work to a substitute subconsultant. 2. Disadvantaged Business Enterprise (DBE) Participation A. This Contract is subject to 49 CFR, Part 26 entitled Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. Proposers who obtain DBE participation on this contract will assist Caltrans in meeting its federally mandated statewide overall DBE goal. B. If the contract has a DBE goal, the Consultant must meet the goal by committing DBE participation or document a good faith effort to meet the goal. If a DBE subconsultant is unable to perform, the Consultant must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met. A DBE is a firm meeting the definition of a DBE as specified in 49 CFR. C. DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the performance of contracts financed in whole or in part with federal funds. The Consultant or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Consultant shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT- assisted agreements. Failure by the Consultant 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 local agency deems appropriate. D. Any subcontract entered into as a result of this Contract shall contain all of the provisions of this section. E. A DBE may be terminated only with prior written approval from the local agency and only for the reasons specified in 49 CFR 26.53(f). Prior to requesting local agency consent for the termination, the prime consultant must meet the procedural requirements specified in 49 CFR 26.53(f).

20 3. Performance of DBE Consultant and other DBE Subconsultants/Suppliers A. A DBE performs a commercially useful function when it is responsible for execution of the work of the Contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible with respect to materials and supplies used on the Contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a commercially useful function, evaluate the amount of work subcontracted, industry practices; whether the amount the firm is to be paid under the Contract is commensurate with the work it is actually performing; and other relevant factors. B. A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, Contract, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate. C. If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its Contract with its own work force, or the DBE subcontracts a greater portion of the work of the Contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a commercially useful function. 4. Prompt Payment of Funds Withheld to Subconsultants A. Any subcontract entered into as a result of this Contract shall contain all of the provisions of this section. (Local agency to include either B, C, or D below; delete the other two.) B. No retainage will be withheld by the Agency from progress payments due the prime Consultant. Retainage by the prime Consultant or subconsultants is prohibited, and no retainage will be held by the prime Consultant from progress due subconsultants. Any violation of this provision shall subject the violating prime Consultant or subconsultants to the penalties, sanctions, and other remedies specified in Section of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the prime Consultant or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-dbe prime Consultants and subconsultants. C. No retainage will be held by the Agency from progress payments due the prime Consultant. Any retainage held by the prime Consultant or subconsultants from progress payments due subconsultants shall be promptly paid in full to subconsultants within 30 days after the subconsultant s work is satisfactorily completed. Federal law (49 CFR26.29) requires that any delay or postponement of payment over the 30 days may take place only for good cause and with the Agency s prior written approval. Any violation of this provision shall subject the violating prime Consultant or subconsultant to the penalties, sanctions and other remedies specified in Section of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the prime consultant, deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-dbe prime consultant and subconsultants.

21 D. The Agency shall hold retainage from the prime consultant 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 consultant based on these acceptances. The prime consultant, or subconsultant, shall return all monies withheld in retention from a subconsultant within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49 CFR26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency s prior written approval. Any violation of this provision shall subject the violating prime consultant or subconsultant to the penalties, sanctions and other remedies specified in Section of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the prime Consultant, deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-dbe prime consultant and subconsultants. 5. DBE Records A. The Consultant shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. B. Upon completion of the Contract, a summary of these records shall be prepared and submitted on the form entitled, Final Report-Utilization of Disadvantaged Business Enterprise (DBE), First-Tier Subconsultants, CEM-2402F (Exhibit 17-F, Chapter 17, of the LAPM), certified correct by the Consultant or the Consultant s authorized representative and shall be furnished to the Contract Administrator with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in 25 percent of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to the Consultant when a satisfactory Final Report- Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subconsultants is submitted to the Contract Administrator. 6. DBE Certification and Decertification Status If a DBE subconsultant is decertified during the life of the Contract, the decertified subconsultant shall notify the Consultant in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Contract, the subconsultant shall notify the Consultant in writing with the date of certification. Any changes should be reported to the Agency s Contract Administrator within 30 days.

22 EXHIBIT 10-O1 CONSULTANT PROPOSAL DBE COMMITMENT (Inclusive of all DBEs listed at bid proposal. Refer to instructions on the reverse side of this form) Consultant to Complete this Section 1. Local Agency Name: 2. Project Location: 3. Project Description: 4. Consultant Name: 5. Contract DBE Goal %: DBE Commitment Information 6. Description of Services to be Provided 7. DBE Firm Contact Information 8. DBE Cert. Number 9. DBE % Local Agency to Complete this Section 16. Local Agency Contract Number: 10. Total % Claimed % 17. Federal-aid Project Number: 18. Proposed Contract Execution Date: Local Agency certifies that all DBE certifications are valid and the information on this form is complete and accurate: 19. Local Agency Representative Name (Print) 20. Local Agency Representative Signature 21. Date 22. Local Agency Representative Title 23. (Area Code) Tel. No. 11. Preparer s Signature 12. Preparer s Name (Print) 13. Preparer s Title 14. Date 15. (Area Code) Tel. No. Distribution: (1) Original Consultant submits to local agency with proposal (2) Copy Local Agency files

23 Consultant Section INSTRUCTIONS - CONSULTANT PROPOSAL DBE COMMITMENT The Consultant shall: 1. Local Agency Name Enter the name of the local or regional agency that is funding the contract. 2. Project Location - Enter the project location as it appears on the project advertisement. 3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc.). 4. Consultant Name - Enter the consultant s firm name. 5. Contract DBE Goal % - Enter the contract DBE goal percentage, as it was reported on the Exhibit 10-I Notice to Proposers DBE Information form. See LAPM Chapter Description of Services to be Provided - Enter item of work description of services to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 7. DBE Firm Contact Information - Enter the name and telephone number of all DBE subcontracted consultants. Also, enter the prime consultant s name and telephone number, if the prime is a DBE. 8. DBE Cert. Number - Enter the DBEs Certification Identification Number. All DBEs must be certified on the date bids are opened. (DBE subcontracted consultants should notify the prime consultant in writing with the date of the decertification if their status should change during the course of the contract.) 9. DBE % - Percent participation of work to be performed or service provided by a DBE. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 10. Total % Claimed Enter the total DBE participation claimed. If the Total % Claimed is less than item 6. Contract DBE Goal, an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM). 11. Preparer s Signature The person completing this section of the form for the consultant s firm must sign their name. 12. Preparer s Name (Print) Clearly enter the name of the person signing this section of the form for the consultant. 13. Preparer s Title - Enter the position/title of the person signing this section of the form for the consultant. 14. Date - Enter the date this section of the form is signed by the preparer. 15. (Area Code) Tel. No. - Enter the area code and telephone number of the person signing this section of the form for the consultant. Local Agency Section: The Local Agency representative shall: 16. Local Agency Contract Number - Enter the Local Agency Contract Number. 17. Federal-Aid Project Number - Enter the Federal-Aid Project Number. 18. Contract Execution Date - Enter date the contract was executed and Notice to Proceed issued. See LAPM Chapter 10, page Local Agency Representative Name (Print) - Clearly enter the name of the person completing this section. 20. Local Agency Representative Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate. 21. Date - Enter the date the Local Agency Representative signs the form. 22. Local Agency Representative Title - Enter the position/title of the person signing this section of the form. 23. (Area Code) Tel. No. - Enter the area code and telephone number of the Local Agency representative signing this section of the form.

24 EXHIBIT 10-O2 CONSULTANT CONTRACT DBE INFORMATION (Inclusive of all DBEs listed at contract award. Refer to instructions on the reverse side of this form) Consultant to Complete this Section 1. Local Agency Name: 2. Project Location: 3. Project Description: 4. Total Contract Award Amount: $ 5. Consultant Name: 6. Contract DBE Goal %: 7. Total Dollar Amount for all Subconsultants: $ 8. Total Number of all Subconsultants: Award DBE/DBE Information 9. Description of Services to be Provided 10. DBE/DBE Firm Contact Information 11. DBE Cert. Number 12. DBE Dollar Amount Local Agency to Complete this Section 20. Local Agency Contract Number: 21. Federal-aid Project Number: 22. Contract Execution Date: Local Agency certifies that all DBE certifications are valid and the information on this form is complete and accurate: 23. Local Agency Representative Name (Print) 13. Total Dollars Claimed 14. Total % Claimed $ % 24. Local Agency Representative Signature 25. Date 26. Local Agency Representative Title 27. (Area Code) Tel. No. Caltrans to Complete this Section Caltrans District Local Assistance Engineer (DLAE) certifies that this form has been reviewed for completeness: 28. DLAE Name (Print) 29. DLAE Signature 30. Date 15. Preparer s Signature 16. Preparer s Name (Print) 17. Preparer s Title 18. Date 19. (Area Code) Tel. No. Distribution: (1) Copy a copy to the Caltrans District Local Assistance Engineer (DLAE) within 30 days of contract award. Failure to send a copy to the DLAE within 30 days of contract award may result in delay of payment. (2) Copy Include in award package sent to Caltrans DLAE (3) Original Local agency files

25 Consultant Section INSTRUCTIONS - CONSULTANT CONTRACT AWARD DBE INFORMATION The Consultant shall: 1. Local Agency Name Enter the name of the local or regional agency that is funding the contract. 2. Project Location - Enter the project location as it appears on the project advertisement. 3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc). 4. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant. 5. Consultant Name - Enter the consultant s firm name. 6. Contract DBE Goal % - Enter the contract DBE goal percentage, as it was reported on the Exhibit 10-I Notice to Proposers DBE Information form. See LAPM Chapter Total Dollar Amount for all Subconsultants Enter the total dollar amount for all subcontracted consultants. SUM = (DBE s + all Non-DBE s). Do not include the prime consultant information in this count. 8. Total number of all subconsultants Enter the total number of all subcontracted consultants. SUM = (DBE s + all Non- DBE s). Do not include the prime consultant information in this count. 9. Description of Services to be Provided - Enter item of work description of services to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 10. DBE Firm Contact Information - Enter the name and telephone number of all DBE subcontracted consultants. Also, enter the prime consultant s name and telephone number, if the prime is a DBE. 11. DBE Cert. Number - Enter the DBE s Certification Identification Number. All DBEs must be certified on the date bids are opened. (DBE subcontracted consultants should notify the prime consultant in writing with the date of the decertification if their status should change during the course of the contract.) 12. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE, and include DBEs that are not identified as subconsultants on the Exhibit 10-O1 Consultant Proposal DBE Commitment form. See LAPM Chapter 9 for how to count full/partial participation. 13. Total Dollars Claimed Enter the total dollar amounts for column Total % Claimed Enter the total DBE participation claimed for column 13. SUM = (item 14. Total Participation Dollars Claimed divided by item 4. Total Contract Award Amount ). If the Total % Claimed is less than item 6. Contract DBE Goal, an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM). 15. Preparer s Signature The person completing this section of the form for the consultant s firm must sign their name. 16. Preparer s Name (Print) Clearly enter the name of the person signing this section of the form for the consultant. 17. Preparer s Title - Enter the position/title of the person signing this section of the form for the consultant. 18. Date - Enter the date this section of the form is signed by the preparer. 19. (Area Code) Tel. No. - Enter the area code and telephone number of the person signing this section of the form for the consultant. Local Agency Section: The Local Agency representative shall: 20. Local Agency Contract Number - Enter the Local Agency Contract Number. 21. Federal-Aid Project Number - Enter the Federal-Aid Project Number. 22. Contract Execution Date - Enter the date the contract was executed and Notice to Proceed issued. See LAPM Chapter 10, page Local Agency Representative Name (Print) - Clearly enter the name of the person completing this section. 24. Local Agency Representative Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate. 25. Date - Enter the date the Local Agency Representative signs the form. 26. Local Agency Representative Title - Enter the position/title of the person signing this section of the form. 27. (Area Code) Tel. No. - Enter the area code and telephone number of the Local Agency representative signing this section of the form. Caltrans Section: Caltrans District Local Assistance Engineer (DLAE) shall: 28. DLAE Name (Print) Clearly enter the name of the DLAE. 29. DLAE Signature DLAE must sign this section of the form to certify that it has been reviewed for completeness. Date - Enter the date that the DLAE signs this section the form.

26 EXHIBIT 10-P NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS The prospective participant certifies by signing and submitting this proposal/bid to the best of his or her knowledge and belief that: (1) 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 accordance 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/her proposal/bid that he/she shall require that the language of this certification be included in all lower-tier subcontracts which exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly.

27 EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract a. bid/offer/application a. initial b. grant b. initial award b. material change c. cooperative agreement c. post-award d. loan For Material Change Only: e. loan guarantee year quarter f. loan insurance date of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Prime Subawardee Tier, if known Congressional District, if known Congressional District, if known 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable 8. Federal Action Number, if known: 9. Award Amount, if known: 10. Name and Address of Lobby Entity 11. Individuals Performing Services (including (If individual, last name, first name, MI) address if different from No. 10a) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) 12. Amount of Payment (check all that apply) 14. Type of Payment (check all that apply) $ actual planned a. retainer b. one-time fee 13. Form of Payment (check all that apply): c. commission a. cash d. contingent fee b. in-kind; specify: nature e deferred Value f. other, specify 15. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheet(s) if necessary) 16. Continuation Sheet(s) attached: Yes No 17. Information requested through this form is authorized by Title 31 U.S.C. Section This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature: Print Name: Title: Telephone No.: Date: Authorized for Local Reproduction Federal Use Only: Standard Form - LLL Standard Form LLL Rev Distribution: Orig- Local Agency Project Files

28 INSTRUCTIONS FOR COMPLETING EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence 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 a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered federal action for which lobbying activity is or has been secured to influence, the outcome of a covered federal action. 2. Identify the status of the covered federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to: subcontracts, subgrants, and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state, and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE " 9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or Enter the full name, address, city, state, and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to influence the covered federal action. 11. Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml). 12. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the lobbying entity (Item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 13. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 14. Check all boxes that apply. If other, specify nature. 15. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 16. Check whether or not a continuation sheet(s) is attached. 17. The certifying official shall sign and date the form, and print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30-minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project ( ), Washington, D.C SF-LLL-Instructions Rev

29 ATTACHMENT B Non-Collusion Affidavit

30 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) County of Imperial ) ss, being first duly sworn, deposes and says that he or she is 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 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; and that all statements contained in the bid are true; and further, that the bidder has not directly, or indirectly, submitted his/her/its 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. Date: Contractor s Name Contractor s Signature Title END OF NONCOLLUSION AFFIDAVIT

31 ATTACHMENT C Pricing Proposal Requirements

32 Pricing Proposal Requirements Instructions to Proposers: In order to qualify for Agreement award, Proposers are required to comply with the following requirements: Proposers must provide pricing for Category III for vehicles and equipment, as well as a price for Pre- Installation Testing. For higher volume purchases, proposers have the opportunity to offer additional discounts. These discounts would be available when the units purchased on any one order fall within the quantity discount unit range offered by the proposer. For instance, a proposer may offer a discount if more than 10 units are purchased of a particular Category on any one order. Costs for Pick-up and delivery of the vehicles or equipment by the Contractor must be included in all pricing. Prices will include the breakdown for the following two areas 1) parts, and 2) labor and installation. Prices offered shall be inclusive of all costs, including: the emission control device, installation, profit, overhead, transportation, related parts or installation services, etc Proposers must provide pricing for installation of emission control devices for category III of equipment and vehicles based on the individual vehicle per the Bid Proposal. The proposer will determine and identify groupings in their Price Proposal section based on engine size for both On-Road Vehicles and Off-Road Equipment. Pricing proposed will be incorporated into the awarded Agreement.