Agenda packet — Atwater City Council, June 10, 2024 (part 3 of 5)

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D. Operation of Existing Water Facilities

1. The Contractor shall not operate any of the existing water systems, including pumps, motors, and hydrants, but shall contact the City two (2) working days in advance with a list and location of the water system facilities that will require operating, opening, stopping, or closure by the City.

2. At the option of the Engineer, the Contractor may be permitted to operate valves for the purpose of making connections to existing mains. The City will perform all notification to existing customers regarding temporary loss of service.

3. Contractor shall submit a request on City’s standard form for any shut-down of existing water facilities.

4. Contractor will be required to give a courtesy five (5) day notice to the neighborhood prior to any meter installation and courtesy notification a leach location before any water service is shut off. The five (5) day notice shall be in the form of a door hanger and shall provide the contractor’s contact phone number. A sample door hanger shall be made available upon request.

E. Construction at Existing Utilities

1. General. Where the Work to be performed crosses or otherwise interferes with water, sewer, gas, or oil pipelines; buried cable; or other public or private utilities, the Contractor shall perform construction in such a manner so that no damage will result to either public or private utilities. It shall be the responsibility of the Contractor to determine the actual locations of, and make accommodates to maintain, all utilities.

2. Permission, Notice and Liability. Before any utility is taken out of service, permission shall be obtained by the Contractor from the owner. The owner, any impacted resident or business owner and the City Representative will be advised of the nature and duration of the utility outage as well as the Contractor’s plan for providing temporary utilities if required by the owner. The Contractor shall be liable for all damage which may result from its failure to maintain utilities during the progress of the Work, and the Contractor shall indemnify City as required by the Contract Documents from all claims arising out of or connected with damage to utilities encountered during construction; damages resulting from disruption of service; and injury to persons or damage to property resulting from the negligent, accidental, or intentional breaching of utilities.

3. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.

F. Traffic Control

1. General. Contractor shall abide by traffic control plans approved by the appropriate jurisdiction.

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2. Protections. Roads subject to interference by the Work shall be kept open or suitable temporary passages through the Work shall be provided and maintained by the Contractor. The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient flasher lights, flag persons, danger signals, and signs, and shall take all necessary precautions for the protection of the Work and the safety of the public. No construction work along public or private roads may proceed until the Contractor has proper barricades, flasher lights, flag persons, signals, and signs in place at the construction site.

G. Cleaning Up

1. Contractor at all times shall keep premises free from debris such as waste, rubbish, and excess materials and equipment. Contractor shall not store debris under, in, or about the premises. Contractor shall also clean all asphalt and concrete areas to the degree necessary to remove oil, grease, fuel, or other stains caused by Contractor operations or equipment. The use of water, resulting in mud on streets, will not be permitted as substitute for sweeping or other methods. Dust control may require having a water truck onsite for the duration of the project, and/or use of temporary hoses and pipelines to convey water.

2. Contractor shall fully clean up the site at the completion of the Work. If the Contractor fails to immediately clean up at the completion of the Work, the City may do so and the cost of such clean up shall be charged back to the Contractor.

3.9 ENVIRONMENTAL QUALITY PROTECTION
A. Environmental Conditions

1. Contractor must comply with all applicable environmental laws, Project conditions, and constraints, including, but not limited to:
[LIST ALL ENVIRONMENTAL DOCUMENTS AND PERMITS
APPLICABLE TO THE PROJECT]

2. City has considered these Environmental Conditions when determining the Contract Times and no additional time or compensation will be added to the Contract due to these Conditions.

B. Landscape and Vegetation Preservation

1. General. The Contractor shall exercise care to preserve the natural landscape and vegetation, and shall conduct operations so as to prevent unnecessary destruction, scarring, or defacing of the natural surroundings in the vicinity of the Work.

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2. Damage and Restoration. Movement of crews and equipment within the rights-ofway and over routes provided for access to the Work shall be performed in a manner to prevent damage to property. When no longer required, construction roads shall be restored to original contours.

3. Upon completion of the Work, and following removal of construction facilities and required cleanup, land used for construction purposes and not required for the completed installation shall be scarified and regraded, as required, so that all surfaces are left in a condition that will facilitate natural revegetation, provide for proper drainage, and prevent erosion.

4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.

C. Protected Species

1. General. If, in the performance of the Work, evidence of the possible occurrence of any Federally listed threatened or endangered plant or animal is discovered, the Contractor shall notify the City Representative immediately, giving the location and nature of the findings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to City within 2 Days.

2. Procedures. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the endangered plant or animal.

If directed by the City Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Any City directed changes to the Work as a result of a siting will be pursuant to the Contract Documents.

3. False Siting. Any costs or delays incurred by City or the Contractor due to unreasonable or false notification of an endangered plant or animal will be borne by the Contractor.

4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to comply with this paragraph, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.

D. Preservation of Historical and Archeological Resources

1. General. If, in the performance of the Work, Contractor should unearth cultural resources (for example, human remains, animal bones, stone tools, artifacts and/or midden deposits) through excavation, grading, watering or other means, the Contractor notify the Construction/Archeological Monitor and/or the City Representative immediately, giving the location and nature of the findings.

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Written confirmation of the evidence, location and nature of the findings shall be forwarded to the Construction/Archeological Monitor and/or City within 2 Days.

2. Procedures. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the cultural resource.

If directed by the City Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or re-sequence and/or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Should the presence of cultural resources be confirmed, the Contractor will assist the City Representative and the Construction/Archeological Monitor in the preparation and implementation of a data recovery plan. The Contractor shall provide such cooperation and assistance as may be necessary to preserve the cultural resources for removal or other disposition. Any City directed changes to the Work as a result of the cultural resource will be pursuant to the Contract Documents.

3. Contractor’s Liability. Should Contractor, without permission, injure, destroy, excavate, appropriate, or remove any cultural resource on or adjacent to the Site, it will be subject to disciplinary action, arrest and penalty under applicable law. The Contractor shall be principally responsible for all costs of mitigation and/or restoration of cultural resources related to the unauthorized actions identified above. Contractor shall be required to pay for unauthorized damage and mitigation costs to cultural resources (historical and archeological resources) as a result of unauthorized activities that damage cultural resources and shall indemnify City pursuant to the Contract Documents.

E. Dust and Pollution Control

1. Contractor shall provide all necessary material, equipment and labor to prevent and control the emission of dust and any other potential pollutant on site.

2. Contractor shall not discharge into the atmosphere from any source smoke, dust or other air contaminants in violation of the law, rules, and regulations of the governing agency.

3. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to comply with this paragraph, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.

F. Fugitive Dust

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1. In addition to all other environmental and air quality requirements of the Contract Documents, Contractor must also comply with the most recent version of any rules implemented by the Air Quality Management District (AQMD) with jurisdiction over the Project in order to reduce the amount of particulate matter entrained in the ambient air as a result of the Project. All equipment shall be AQMD compliant and permitted, as needed.

2. City has considered these other requirements when determining the Contract Times and no additional time or compensation will be added to the Contract due to these requirements.

G. Management of Storm, Surface and Other Waters

1. Storm water, surface water, groundwater, and nuisance, or other waters may be encountered at various times during construction of the Project. Federal and State laws require the City and its contractors to manage such waters pursuant to the requirements of California State Water Resources Control Board Order Number 2009-0009-DWQ, the Federal Clean Water Act, and the California Porter Cologne Water Quality Control Act. Contractor acknowledges that it has investigated the risk arising from such waters in conjunction with the Project, and assumes any and all risks and liabilities arising therefrom.

2. The Contractor shall perform all construction operations in such a manner as to comply, and ensure all subcontractors to comply, with all applicable Federal, State, and local laws, orders, and regulations concerning the control and abatement of water pollution; and all terms and conditions of any applicable permits issued for the Project. In the event there is a conflict between Federal, State, and local laws, regulations, and requirements, the most stringent shall apply.

3. Contractor violations. If noncompliance should occur, the Contractor shall report this to the City Representative immediately, with the specific information submitted in writing within 2 Days. Consistent violations of applicable Federal, State, or local laws, orders, regulations, or Water Quality Standards may result in City stopping all site activity until compliance is ensured. The Contractor shall not be entitled to any change in Contract Price or Contract Times, claim for damage, or additional compensation by reason of such a work stoppage. Corrective measures required to bring activities into compliance shall be at the Contractor's expense.

4. Compliance with Construction General Storm water Permit. Contractor shall be required to comply with all aspects of the State Water Resources Control Board (State Board) Water Quality Order No. 2009-0009-DWQ, National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity (Permit) for all projects that involve construction on or disturbance of one acre or more of land or which are part of a larger common area of development.
(a) Contractor shall prepare and implement a Storm Water Pollution Prevention Plan (SWPPP) for the Project site based on the appropriate Risk Level requirements, and draft and coordinate submittal of all Permit related documents with City’s Legally Responsible Person and/or Authorized Signatory as those terms are defined in the Permit. The Contractor shall

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submit the SWPPP to the City Representative for review not less than fifteen (15) Days prior to the start of on- site construction work. City will file the Notice of Intent and pay the filing fee.
(b) The SWPPP shall be developed by a Qualified SWPPP Developer and implemented by a Qualified SWPPP Practitioner as those terms are defined in the Permit and shall include industry standard requirements for water quality control including but not be limited to the following:
(1) Sediment and erosion control measures to manage sediment and erosion including vegetative practices, structural control, silt fences, straw dikes, sediment controls or operator controls as appropriate.

Storm water management measures shall be instituted as required, including velocity dissipaters, and solid waste controls shall address controls for building materials and offsite tracking of sediment. (2) Wastewater and storm water management controls to divert offsite surface flows around the Project site and to divert surface flows within the Project area away from areas of open earth or stockpiles of building and other materials. Wastewater from general construction activities, such as drain water collection, aggregate processing, concrete batching, drilling, grouting, or other construction operations, shall not enter flowing or dry watercourses without having met the authorized non-storm water discharge requirements listed in State Board Water Quality Order No. 2009-0009-DWQ, Section III.C., including proper notification to the Regional Water Board.
(3) Pollution prevention measures including methods of dewatering, unwatering, excavating, or stockpiling earth and rock materials which include prevention measures to control silting and erosion, and which will intercept and settle any runoff of sediment-laden waters. (4) Turbidity prevention measures for prevention of excess turbidity including, but are not restricted to, intercepting ditches, settling ponds, gravel filter entrapment dikes, flocculating processes, recirculation, combinations thereof, or other approved methods that are not harmful to aquatic life. All such wastewaters discharged into surface waters, shall contain the least concentration of settleable material possible, and shall meet all conditions of section 402, the National Pollutant Discharge Elimination System (NPDES) permit.
(5) Overall construction site management measures to address changes at the Project site as the Project moves through different phases and changes that account for rainy and dry season management practices. (6) Pollution control measures and construction activity methods that will prevent entrance, or accidental spillage, of solid matter, contaminants, debris, or other pollutants or wastes, into streams, flowing or dry watercourses, lakes, wetlands, reservoirs, or underground water sources. Such pollutants and wastes include, but are not restricted to:
refuse, garbage, cement, sanitary waste, industrial waste, hazardous materials, radioactive substances, oil and other petroleum products, aggregate processing, tailings, mineral salts, and thermal pollution.

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(7) Control measures for stockpiled or deposited materials prohibiting the stockpile or deposit of excavated materials, or other construction materials, near or on stream banks, lake shorelines, or other watercourse perimeters where they can be washed away by high water or storm runoff, or can, in any way, encroach upon the watercourse. (8) Develop and implement a Rain Event Action Plan (REAP), if required, that must be designed and implemented to protect all exposed portions of the site 48 hours prior to any likely precipitation event. (9) Monitoring, reporting and record keeping, as necessary to achieve compliance with applicable Permit requirements, including but not limited to annual reports and rain event reports.
(c) Before any Permit related documents, including the SWPPP, rain event reports, or annual reports may be submitted to the State Board or implemented on the Project site, they must first be reviewed and approved by City. (d) City retains the right to procure and maintain coverage under the Permit for the Project site if the Contractor fails to draft a SWPPP or other Permit related document, or fails to proceed in a manner that is satisfactory to City. City reserves the right to implement its own SWPPP at the Project site, and hire additional contractors to maintain compliance. Whether Contractor has adequately maintained compliance with the Permit shall be City’s sole determination. In the event that Contractor has failed or is unable to maintain compliance with the Permit, any costs or fines incurred by City in implementing a SWPPP, or otherwise maintaining compliance with the Construction General Permit shall be paid by the Contractor. (e) Failure to implement the SWPPP or otherwise comply with the Permit is a violation of federal and state law. Contractor hereby agrees to indemnify City as required by the Contract Documents for any noncompliance or alleged noncompliance with the Permit arising out of or in connection with the Project, except for liability resulting from the sole established negligence, willful misconduct or active negligence of City. City may seek damages from Contractor for delay in completing the Contract in accordance with the Contract Documents, caused by Contractor’s failure to comply with the Permit.

5. In addition to compliance with the Permit, Contractor shall comply with the lawful requirements of any applicable municipality, district, drainage district, flood control district, and other local agencies regarding discharges of storm water, surface water, groundwater or other nuisance waters off of the Project site.

6. Oil storage tanks management.
(a) Storage tank placement. All oil or other petroleum product (hereinafter referred to collectively as oil) storage tanks shall be placed at least 20 feet from streams, flowing or dry watercourses, lakes, wetlands, reservoirs, and any other water source.
(b) Storage area dikes. Storage areas shall be diked at least 12 inches high or graded and sloped to permit safe containment of leaks and spills equal to the

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capacity of all tanks and/or containers located within each area, plus a sufficient amount of freeboard to contain the 25-year rainstorm. (c) Diked area barriers. Diked areas shall have an impermeable barrier at least 10 mils thick. Areas used for refueling operations shall have an impermeable liner at least 10 mils thick buried under 2 to 4 inches of soil. (d) Spill Prevention Control and Countermeasure Plan (SPCC). Where the location of a construction site is such that oil from an accidental spillage could reasonably be expected to enter into or upon the navigable waters of the United States or adjoining shorelines, and the aggregate storage of oil at the site is over 1,320 gallons or a single container has a capacity in excess of 660 gallons, the Contractor shall prepare an SPCC Plan. The Contractor shall submit the SPCC Plan to the Engineer at least 30 days prior to delivery or storage of oil at the site. The Plan must have been reviewed and certified by a registered professional engineer in accordance with 40 C.F.R., part 112

7. Underground tank prohibition. The Contractor shall not use underground storage tanks.

8. Construction safety standards. The Contractor shall comply with the sanitation and potable water requirements of Section 7 of United States Bureau of Reclamation's publication “Reclamation Safety And Health Standards.”

9. Other Permits.
(a) Other permits applicable to the Project are listed in the Special Conditions.

The Contractor shall obtain all other necessary licenses and permits. (b) Monitoring. The Contractor is required to conduct monitoring in order to meet the requirements of the permits, which may include sampling, testing and inspections.
(c) Recordkeeping. The Contractor shall retain all records and data required by the permits for the time specified in the contract.

10. Cost. Except as specified herein, the cost of complying with this section shall be included in the Schedule of Pay Items for work which necessitate the water pollution prevention measures required by this paragraph.

END OF GENERAL REQUIREMENTS

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38072.00001\34443465.1
1 EXHIBIT “A”
Change Order Form
EXHIBIT “A”

CHANGE ORDER FORM
City of Atwater
Contract Change Order #
Project: Change Order No.:

Orig. Contract Amt.: $ Days
Contract No.:

Contractor: Prev. Appvd. Changes: $ Days
Owner: City of Atwater This Change: $ Days
Revised Contract Amt.: $ Days
This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order items for a lump sum price agreed upon between the Contractor and City of Atwater, otherwise referred to as Owner.

Item
No. Description of Changes
Increase/
(Decrease)
in Contract
Amount
Contract
Time
Extension,
Days
1 2
Totals $
This Contract Change Order consists of 2 pages and any exhibits attached to this Contract Change Order shall not be part of the Contract Change Order unless specifically initialed by or on behalf of both the Contractor and the City of Atwater.

Contract Change Order # Page 1 of 2

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2 EXHIBIT “A”
Change Order Form
The amount of the contract will be increased by the sum of $ and the contract time shall be extended by working days. The undersigned Contractor approves the foregoing Change Order # as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order #. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of the directly or indirectly related to the approved time extension, required to complete the Change order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the Owner.

Contractor accepts the terms and conditions stated above as full and final settlement of any and all claims arising out of or related to the subject of this Change Order and acknowledges that the compensation (time and cost) set forth herein comprises the total compensation due for the work or change defined in the Change Order, including all impact on any unchanged work. By signing this Change Order, the Contractor acknowledges and agrees that the stipulated compensation includes payment for all Work contained in the Change Order, plus all payment for any acceleration or interruption of schedules, extended overhead costs, delay, and all impact or cumulative impact on all Work under this Contract. The signing of this Change Order acknowledges full mutual accord and satisfaction for the change and that the stated time and/or cost constitute the total equitable adjustment owed the Contractor as a result of the change. The Contractor hereby releases and agrees to waive all rights, without exception or reservation of any kind whatsoever, to file any further claim or request for equitable adjustment of any type, for any reasonably foreseeable cause that shall arise out of, or as a result of, this Change Order and/or its impact on the remainder of the Work under the Contract.

Accepted:
(Signature) Contractor’s Authorized Representative Date Recommended:
(Signature) [**INSERT NAME, TITLE**] Date
Approved:
(Signature) [**INSERT NAME, TITLE**] Date
Item
No.

Justification for Change(s)
1 2
This Contract Change Order consists of 2 pages and any exhibits attached to this Contract Change Order shall not be part of the Contract Change Order unless specifically initialed by or on behalf of both the Contractor and the City of Atwater.

Contract Change Order # Page 2 of 2

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CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

June 10, 2024
TO: Mayor and City Council
FROM: John Seymour, City Engineer

PREPARED
BY:

John Seymour, City Engineer
SUBJECT: Approval of Plans and Specifications for Downtown Pedestrian Improvement Project- Phase II (Interim City Manager Thompson)

RECOMMENDED COUNCIL ACTION
Approval of Plans and Specifications and authorizes advertising and calling for bids for the Downtown Pedestrian Improvement Project- Phase II, City Project 20-8, Bid Call Number 709-21 and; Make a finding that the project is categorically exempt under CEQA provisions Class 1 and Class 3 Categorical Exemptions (Sections 15301 and 15303 of the State CEQA Guidelines).

I. BACKGROUND/ANALYSIS:

In June of 2020, the City responded to MCAG’s “Congestion Mitigation and Air Quality (CMAQ) Call for Projects – Fall 2020” with separate applications for three phases of a proposed pedestrian improvement project to better connect residents with downtown.

The Phase 2 project and was awarded a funding grant in the amount up to $181,110 (federal fund in the amount of $160,337 with local match in the amount of $20,773) for the design, engineering, and environmental analysis of a pedestrian project to connect a residential area with downtown. The project proposes constructing new curbs/gutters, sidewalks, curb ramps, replacement residential driveway approaches, and conform paving as required. Improvements are proposed along Grove Avenue, Fir Avenue, Elm Avenue, Drakeley Avenue, Cedar Avenue, Broadway Avenue, Fourth Street, Third Street, Second Street, and First Street.

In December of 2022, the City of Atwater applied for construction funding for the Downtown Pedestrian Improvement Project-Phase 2A, the project was awarded funding and programed in the 24-25 FTIP by MCAG for $790,000. In September of 2023 the city of Atwater applied for funding for the Downtown Pedestrian Improvement ProjectPhase 2B this phase of the project received approval in January of 2024 for a total of $1,432,000.

II. FISCAL IMPACTS:

Sufficient funding is provided for this project via the CMAQ (Congestion Mitigation and

CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

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Agenda Report - Approval of Plans and Specifications for Downtown Pedestrian Improvement Project- Phase II (Interim City Manager Thompson) Page 2

Air Quality) and CRP (Carbon Reduction Program) grant programs ($1,950,000) along with the local match via Measure V Alternative Mode ($271,000). Total Construction Cost is estimated to be $2,221,000.

III. LEGAL REVIEW:

This item has been reviewed by the City Attorney’s Office.

IV. EXISTING POLICY:

This project is consistent with sections 2 and 3 of the City of Atwater General Plan.

V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

This project has been routed to the appropriate departments for review.

VII. PUBLIC PARTICIPATION:

The public will have an opportunity to provide comments on this item prior to City Council action.

VIII. ENVIRONMENTAL REVIEW:

The proposed action is categorically exempt under the provisions of CEQA and the State CEQA Guidelines. The proposed project involves the operation, maintenance, leasing, licensing or minor alteration of existing public facilities, with construction of minor appurtenant structures involving negligible or no expansion of use and no possibility of significantly impacting the physical environment. Accordingly, the proposed action qualifies under Class 1 and Class 3 Categorical Exemptions (Sections 15301 and 15303 of the State CEQA Guidelines).

IX. STEPS FOLLOWING APPROVAL:

Upon City Council approval of the plans and specifications and authorization to advertise a Call for Bids for this project, a bid call/opening date will be set and the notice inviting bids will be advertised in a local newspaper and posted in regional builders' exchanges.

Submitted and Approved by:

Greg Thompson, Interim City Manager
Attachments:

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Agenda Report - Approval of Plans and Specifications for Downtown Pedestrian Improvement Project- Phase II (Interim City Manager Thompson) Page 3

1. Combined Bid Books

2. 20240314_DOWNTOWN PEDESTRIAN IMPROVEMENT_PHASE-II 100_

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______________________________
Greg Thompson
Interim City Manager
______________________________
Date
BOOK 1 OF 2

ENGINEERING DIVISION

NOTICE TO BIDDERS
AND

SPECIAL PROVISIONS
for
DOWNTOWN PEDESTRIAN IMPROVEMENTS PROJECT – PHASE II
Federal Project No. CML-5254 (031) and CRP-5254 (031)
For use in conjunction with the STANDARD SPECIFICATIONS, dated 2023, and the STANDARD PLANS, dated 2023, of the State of California Department of Transportation, and the LABOR SURCHARGE AND EQUIPMENT RENTAL RATES in effect on the date the work is accomplished.

BID CALL NO.: 709-21

CITY PROJECT
NO. 20-8
BID OPENING: TBD, 2024, @ 2:00 P.M. Pacific Daylight Time

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CITY PROJECT NO. 20-8
The special provisions contained herein have been prepared by or under the direction of the following Registered Persons.
________________________________
Robert Christensen, PE

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TABLE OF CONTENTS
NOTICE TO BIDDERS ................................................................................................................................ NTB-1 COPY OF BID ITEM LIST ........................................................................................................................... NTB-3 SPECIAL PROVISIONS ................................................................................................................................. SP-1 DIVISION I GENERAL PROVISIONS ............................................................................................................ SP-2 1 GENERAL ................................................................................................................................................... SP‐2 2 BIDDING ................................................................................................................................................... SP‐3 3 CONTRACT AWARD AND EXECUTION ...................................................................................................... SP‐5 5 CONTROL OF WORK .................................................................................................................................. SP‐6 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC ......................................................................... SP‐8 8 PROSECUTION AND PROGRESS ................................................................................................................ SP‐9 DIVISION II GENERAL CONSTRUCTION ................................................................................................... SP-10 12 TEMPORARY TRAFFIC CONTROL ........................................................................................................... SP‐10 13 WATER POLLUTION CONTROL ............................................................................................................. SP‐11 14 ENVIRONMENTAL STEWARDSHIP ......................................................................................................... SP‐11 DIVISION III EARTHWORK AND LANDSCAPING .................................................................................... SP-12 17 GENERAL ............................................................................................................................................... SP‐12 19 EARTHWORK ......................................................................................................................................... SP‐12 20 LANDSCAPE .............................................................................................. SP‐Error! Bookmark not defined.

DIVISION IV SUBBASES AND BASES ....................................................................................................... SP-12 23 GENERAL ............................................................................................................................................... SP‐12 26 AGGREGATE BASES ............................................................................................................................... SP‐13 DIVISION V SURFACINGS AND PAVEMENTS .......................................................................................... SP-13 39 ASPHALT CONCRETE .............................................................................................................................. SP‐13 DIVISION VIII MISCELLANEOUS CONSTRUCTION ................................................................................ SP-13 73 CONCRETE CURBS AND SIDEWALKS...................................................................................................... SP‐13 75 MISCELLANEOUS METAL ....................................................................................................................... SP‐14 77 LOCAL INFRASTRUCTURE ...................................................................................................................... SP‐14 DIVISION IX TRAFFIC CONTROL DEVICES ............................................................................................ SP-14 82 SIGNS AND MARKERS ............................................................................................................................ SP‐14 84 MARKINGS ............................................................................................................................................. SP‐14

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CITY OF ATWATER

ENGINEERING DIVISION

NOTICE TO BIDDERS
Bids open Tuesday, TBD, 2024, at 2:00 p.m.

General work description: Construction of new sidewalks, ADA ramps, driveways, and pavement so as to improve pedestrian access on various streets in downtown Atwater, CA.

The City will receive sealed bids for the DOWNTOWN PEDESTRIAN IMPROVEMENT PROJECT – PHASE II Project Number: 20-8
Bid Call Number: 709-21
Federal Project Number: CML 5254(031) and CRP 5254(031) Bid forms for this work are included in a separate book titled:

CITY OF ATWATER

STATE OF CALIFORNIA

ENGINEERING DIVISION

BID BOOK
FOR
DOWNTOWN PEDESTRIAN IMPROVEMENT PROJECT – PHASE II
No bid will be received unless it is made on a bid form furnished by the CITY OF ATWATER ENGINEERING DIVISION. Copies or facsimiles of the bidder's completed and executed bid forms submitted as a bid will be rejected. Each bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the CITY OF ATWATER for an amount equal to at least ten percent (10%) of the amount of bid, such guaranty to be forfeited should the bidder to whom the contract is awarded fail to enter into the contract.

The Contractor must have a Class A license to perform this work.

The successful bidder will be required to obtain a City of Atwater Business License before execution of the contract at his own expense.

Bids must be on a unit price basis. All bids are to be compared on the basis of the CITY OF ATWATER’S estimated quantities of work to be done.

Complete work within 60 working days.

The estimated cost of construction including the base bid and all bid alternates is $1,735,062 Bidders are advised that, as required by federal law, the City of Atwater is implementing Disadvantaged Business Enterprise (DBE) requirements. Refer to the attachments in the Bid Book for further information. The Disadvantaged Business Enterprise (DBE) Goal for this project is: twenty-two percent (22%) NTB-1

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NTB-2
Copies of plans, special provisions and proposal forms may only be obtained at the office of the City of Atwater, Engineering Division, located at 750 Bellevue Road, Atwater, CA, (209) 357-6337, upon request and payment of $50.00 per set, which is nonrefundable and includes sales tax.

Electronic copies of the plans and specifications (PDF’s) for this project are available upon request. Said electronic copies are made available solely for the convenience of the prospective bidders (whether as a prime contractor or sub-contractor) on the Project, and are not considered part of the contract documents. No representation or warranty is made, either expressed or implied, with the regard to the accuracy or suitability of said electronic copies for any purpose whatsoever. Utilization or viewing of said electronic copies shall constitute implicit acknowledgement and acceptance of the provisions of this paragraph.

The City will receive sealed bids until 2:00 p.m. on the bid open date at the City of Atwater, Engineering Division, located at 750 Bellevue Road, Atwater, CA 95301. Bids received after this time will not be accepted.

The City will immediately open and publicly read the bids at the mentioned location after the specified closing time.

Present bidders' inquires in writing to Jim Vang at the City of Atwater, Engineering Division, 750 Bellevue Road, Atwater, CA 95301; fax (209) 356-3168; email: [email protected].

Prevailing wages are required on this Contract. The Director of the California Department of Industrial Relations determines the general prevailing wage rates. Obtain the wage rates at the DIR Web site, http://www.dir.ca.gov/DLSR/PWD. This project is being funded with federal funds administered by the California Department of Transportation (Caltrans). This project is subject to the payment of predetermined minimum wages mandated by the Davis-Bacon Act of 1931. A copy of the Federal wage rates is included as an attachment to the Bid Book. This project is subject to the payment of State or Federal wage rates, whichever rate is higher.

The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424-9071. The service is available 24 hours 7 days a week and is confidential and anonymous. The hotline is part of the DOT’s effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General.

California Department of Transportation has made available Notices of Suspension and Proposed Debarment from the Federal Highway Administration. For a copy of the notices, go to http://www.dot.ca.gov/hq/esd/oe/contractor_info. Additional information is provided in the Excluded Parties List System at http://www.epls.gov.

The CITY OF ATWATER reserves the right to reject any or all bid proposals and to waive any informalities or irregularities in any bid or in the bidding.

City of Atwater

John Seymour, PE
City Engineer

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NTB-3

CITY OF ATWATER

ENGINEERING DIVISION
* * * * * *

DOWNTOWN PEDESTRIAN IMPROVEMENT PROJECT -PHASE II
Project Number: 20-8

COPY OF BID ITEM LIST
(NOT TO BE USED FOR BIDDING PURPOSES)
BASE BID
ITEM
NO.

ITEM
CODE BID ITEM QUANTITY UNIT
DEMOLITION AND SITE PREPARATION (PARTICIPATING ITEMS)
1 153248 REMOVE CONCRETE 4,590 SF
2 398001 REMOVE ASPHALT CONCRETE PAVEMENT 8,351 SF
3 153215 REMOVE EX. CONCETE CURB AND GUTTER 351 LF
4 153214 REMOVE EX. CONCRETE VERTICAL CURB 101 LF
5 820610 RELOCATE ROADSIDE SIGN 3 EA
6 170103 CLEARING AND GRUBBING 1 LS
7 846026 REMOVE PAVEMENT MARKING 1 LS
8 710158 REMOVE CATCH BASIN 4 EA
9 170104 REMOVE EX. TREE AND TREE STUMP 12 EA
10 151264 REMOVE EX. CHAINLINK FENCE 13 LF
11 150604 REMOVE EXISTING WOOD FENCE 86 LF
12 156545 REMOVE EXISTING TIMBER 185 LF
13 12746 REMOVE BOLLARD 3 EA
14 568046 REMOVE MONUMENT POLE SIGN 1 EA
STREET WORK (PARTICIPATING ITEMS)
15 730010 MINOR CONCRETE (6" CURB AND GUTTER) 2,176 LF 16 39006 MINOR CONCRETE (RETAINING CURB) 728 LF

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NTB-4
ITEM
NO.

ITEM
CODE BID ITEM QUANTITY UNIT
17 731502 MINOR CONCRETE (DRIVEWAY CONFORM) 486 SF
18 731516 MINOR CONCRETE (DRIVEWAY) 2,080 SF
19 731521 MINOR CONCRETE (SIDEWALK) 14,159 SF
20 731623 MINOR CONCRETE (CURB RAMP) 2,362 SF
21 730070 DETECTABLE WARNING SURFACE 484 SF
22 260203 CLASS 2 AGGREGATE BASE (5.5 IN
THICKNESS) 6,341 SF
23 390132 HOT MIX ASPHALT (2.5 IN. THICKNESS) 6,341 SF 24 840515 THERMOPLASTIC PAVEMENT MARKING (STOP
LEGEND) 6 EA
25 840555 12" THERMOPLASTIC TRAFFIC STRIPE
(CROSSWALK) 431 LF
26 707105 TYPE GO DRAINAGE INLET 3 EA
27 130150 WATER POLLUTION CONTROL 1 LS
28 198051 CONFORM GRADING 1 LS
29 13673 12" STORM DRAIN PIPE 73 LF
30 820880 INSTALL SIGN 1 EA
UTILITY ADJUSTMENT AND RELOCATION ITEMS (NON‐PARTICIPATING ITEMS) 31 152403 ADJUST EX. WATER METER BOX TO GRADE 1 EA
32 152410 RELOCATE WATER METER 3 EA
33 152402 ADJUST EX. WATER VALVE COVER TO GRADE 2 EA 34 208690 1.5" PVC IRRIGATION SIDEWALK CROSSING 33 EA 35 641101 3" DUCTILE IRON THRU‐CURB PIPE 41 LF
ADDITIVE ALTERNATE 1
ITEM
NO.

ITEM
CODE BID ITEM QUANTITY UNIT
DEMOLITION AND SITE PREPARATION (PARTICIPATING ITEMS)
1 153248 REMOVE CONCRETE 3,114 SF

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NTB-5
ITEM
NO.

ITEM
CODE BID ITEM QUANTITY UNIT
2 398001 REMOVE ASPHALT CONCRETE PAVEMENT 18,909 SF 3 153215 REMOVE EX. CONCETE CURB AND GUTTER 486 LF
4 153214 REMOVE EX. CONCRETE VERTICAL CURB 103 LF
5 820610 RELOCATE ROADSIDE SIGN 7 EA
6 170103 CLEARING AND GRUBBING 1 LS
7 846026 REMOVE PAVEMENT MARKING 1 LS
8 710158 REMOVE CATCH BASIN 1 EA
9 170104 REMOVE EX. TREE AND TREE STUMP 27 EA
10 151264 REMOVE EX. WROUGHT IRON FENCE 185 LF
11 150604 REMOVE EXISTING WOOD FENCE 71 LF
12 156545 REMOVE EXISTING TIMBER 128 LF
13 38577 REMOVE HISTORIC LOCATION MARKER 1 EA
STREET WORK (PARTICIPATING ITEMS)
14 730010 MINOR CONCRETE (6" CURB AND GUTTER) 4,358 LF 15 39006 MINOR CONCRETE (RETAINING CURB) 1,056 LF
16 731502 MINOR CONCRETE (DRIVEWAY CONFORM) 2,147 SF 17 731516 MINOR CONCRETE (DRIVEWAY) 3,688 SF
18 731521 MINOR CONCRETE (SIDEWALK) 22,059 SF
19 731623 MINOR CONCRETE (CURB RAMP) 3,526 SF
20 730070 DETECTABLE WARNING SURFACE 799 SF
21 260203 CLASS 2 AGGREGATE BASE (5.5 IN THICKNESS) 14,021 SF 22 390132 HOT MIX ASPHALT (2.5 IN. THICKNESS) 14,021 SF 23 840515 THERMOPLASTIC PAVEMENT MARKING (STOP
LEGEND) 8 EA
24 840555 12" THERMOPLASTIC TRAFFIC STRIPE
(CROSSWALK) 595 LF
25 707105 TYPE GO DRAINAGE INLET 3 EA
26 152439 ADJUST EX. INLET FRAME AND GRATE TO
FINISH GRADE 1 EA

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NTB-6
ITEM
NO.

ITEM
CODE BID ITEM QUANTITY UNIT
27 130150 WATER POLLUTION CONTROL 1 LS
28 198051 CONFORM GRADING 1 LS
29 13673 12" STORM DRAIN PIPE 472 LF
30 15877 ADJUST STORM MH TO GRADE 2 EA
31 14563 STORM DRAIN MH 3 EA
32 152610 CONNECT TO EXISTING STORM DRAIN
MANHOLE 1 EA
33 820880 INSTALL SIGN 1 EA
UTILITY ADJUSTMENT AND RELOCATION ITEMS (NON‐PARTICIPATING ITEMS) 34 12222 ADJUST SEWER MANHOLE TO GRADE 1 EA
35 152403 ADJUST EX. WATER METER BOX TO GRADE 9 EA
36 152410 RELOCATE WATER METER 4 EA
37 152402 ADJUST EX. WATER VALVE COVER TO GRADE 3 EA 38 152428 ADJUST EX. FIRE HYDRANT TO GRADE 2 EA
39 208690 1.5" PVC IRRIGATION SIDEWALK CROSSING 69 EA 40 641101 3" DUCTILE IRON THRU‐CURB PIPE 65 LF
41 18435 6" DRAIN INLET (INCL. CONCRETE
ENCASEMENT) 1 EA

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SP-1

CITY OF ATWATER

ENGINEERING DIVISION
***********************************

SPECIAL PROVISIONS

DOWNTOWN PEDESTRIAN IMPROVEMENT PROJECT -PHASE II

ORGANIZATION
This section includes proposed amendments, deletions, and revisions specific to this contract. They are to be considered a part of the Construction Documents and project specifications.

Special provisions are under headings that correspond with the main-section headings of the Standard Specifications. A main-section heading is a heading shown in the table of contents of the Standard Specifications.

Each special provision begins with a revision clause that describes or introduces a revision to the Standard Specifications as revised by any revised standard specification.

Any paragraph added or deleted by a revision clause does not change the paragraph numbering of the Standard Specifications for any other reference to a paragraph of the Standard Specifications. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

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SP-2

DIVISION I GENERAL PROVISIONS
1 GENERAL
Add to section 1-1.07B:

Contract Documents: Plans, Notice to Bidders and Special Provisions, and Bid Book and Contract.

Replace the following definitions in section 1-1.07B:

Department/Department of Transportation: The Engineering Division of the City of Atwater Director: The Director of Public Works of the City of Atwater acting either directly or through properly authorized agent or consultants.

District Director of Transportation: The Director of Public Works of the City of Atwater acting either directly or through properly authorized agent or consultants.

Engineer/Office Engineer: The City Engineer of Atwater
Specifications: Standard specifications, revised standard specifications, special provisions, Project Specifications

1. Standard Specifications: Specifications standard to Department construction projects. These specifications are in a book titled Standard Specifications. (Can also be referred to as “state specifications”) The 2023 edition of the Standard Specifications shall apply to this contract.

2. Revised Standard Specifications: New or revised standard specifications. These specifications are in a section titled Revised Standard Specifications. Revised Standard Specifications may be abbreviated by “RSS” in these specifications.

3. Special Provisions: Proposed amendments, deletions, or additions to the Division I General Provisions of the standard specifications.

State: Refers to City of Atwater
Replace “The Department" in the 1st paragraph in section 1-1.08 with:

Caltrans
Replace section 1-1.12 with:

Make checks and bonds payable to the City of Atwater.

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SP-3
2 BIDDING
Replace section 2-1.06A of the RSS with:
2-1.06A General
Locations for obtaining and viewing Contract documents are listed in the Notice to Bidders.

The City will immediately open and publicly read the bids at the above location after the specified bid opening time.

The Notice to Bidders and Project Specifications includes the Notice to Bidders, revised standard specifications, and special provisions.

The CONTRACT DOCUMENTS contain the provisions required for the construction of the PROJECT.

Information obtained from an officer, agent, or employee of the City or any other person will not affect the risks or obligations assumed by you or relieve you from fulfilling any of the conditions of the Contract.

A Non-Collusion Affidavit is included in the bid book (Pub Cont Code § 7106). Signing the bid also constitutes signature of the Non-Collusion Affidavit.

Add to section 2-1.07 of the RSS:

Examine all of the various parts of these Documents if contemplating the submission of a bid, and should there be any doubt as to the meaning or intent of the Contract Documents, you must request an interpretation, in writing, by Tuesday, September 21st, at 5:00 p.m. Any interpretation or change in the Contract Documents will be made, in the form of addenda to the Documents and will be furnished to all Bidders receiving a set of the Documents. Addenda will be issued by Friday, September 24th at 5:00 pm. The City is not responsible for any other explanation or interpretations of the Documents.

Request for interpretation must be submitted in writing to:

Jim Vang
City of Atwater
Engineering Division
750 Bellevue Road
Atwater, California 95301
Fax: (209) 356-3168
Email: [email protected]
Delete sections 2-1.18 and 2-1.27 of the RSS in their entirety Replace the 3rd paragraph in section 2-1.33A of the RSS with:

Do not fax forms except for the copies of forms with the public works contractor registration number submitted after the time of bid. Fax these copies to (209) 356-3168. Delete Section 2-1.18 and 2-1.27.

Replace section 2-1.33C of the RSS with:

Submit Bids in a sealed envelope addressed to the City of Atwater, Engineering Division, located at 750 Bellevue Road, Atwater, CA 95301. Each sealed BID must be plainly marked on the outside as “BID for DOWNTOWN PEDESTRIAN IMPROVEMENT PROJECT -PHASE II, Project No. 20-8, to be opened at 2 p.m., Tuesday, June 6, 2024.” If submitting by mail, the sealed envelope containing the BID must be enclosed in another envelope addressed to the City of Atwater, Engineering Division, located at 750 Bellevue Road, Atwater, CA 95301.

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SP-4
All BIDS must be made on the required BID form. All blank spaces for BID prices must be filled in, with ink or typewritten, and the BID form must be fully completed and executed when submitted. Only one copy of the BID form is required.

Replace the 2nd paragraph of section 2-1.34 of the RSS with:

Submit cashier’s check, certified check, or bidder's bond with your Bid.

Add Section 2-1.38:
2-1.38 BID PROTEST
2-1.38A General
Any unsuccessful bidder may submit a bid protest. Bid Protests must be submitted under section 2-1.38B. Bid protests not submitted under section 2-1.38B will not be considered. 2-1.38B Procedures
All bid protests must be submitted in writing. Bid Protests must be received no later than 5:00 PM on the tenth (10th) business day following the bid opening.

Deliver bid protest to the following address:

City of Atwater Engineering Division
750 Bellevue Road
Atwater, California 95301
The following conditions apply to all bid protests:

1. The bid protest must contain a complete statement of the basis for the protest. The bid protest must identify and explain the factual and legal grounds for the protest, state the facts and refer to the specific portion of the document or the specific statute that form the basis for the protest. Any written materials the protesting bidder believes to be necessary to support the bid protest must be attached to the bid protest. The protest must include the name, address, telephone number, e-mail, and facsimile number of the person representing the protesting party.

2. The party filing the protest must have submitted a bid on the project. A subcontractor of a bidder may not submit a bid protest. A party may not rely on the bid protest submitted by another bidder, but must timely pursue their own protest.

3. The protesting bidder and any other bidder on the contract must promptly provide any information requested by the City staff as part of such investigation.

4. The Director of Public Works will provide a written response to the protestor within ten (10) business days after receiving the bid protest. The decision of the Director is final.

5. These bid protest procedures do not limit the City’s ability to reject all bids.

Add to section 2-1.40 of the RSS:

No BIDDER may withdraw a BID within sixty (60) days after the bid opening date. If the contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the City and the BIDDER.

Add to section 2-1.46 of the RSS:

The City may make such investigations necessary to determine your ability to perform the WORK, and you will furnish to the City all requested information and data for this purpose. The City reserves the right to reject any BID if it is determined you are unqualified to carry out the obligations of the Agreement and to complete the work

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SP-5
3 CONTRACT AWARD AND EXECUTION
Add to the end of section 3-1.02A
If the contract is awarded, the contract shall be awarded to the lowest responsible bidder for the sum of the base bid plus any bid alternates the City chooses to award.

To ensure impartiality when selecting bid alternates, each bidder will be assigned an identification number when turning in his/her bid form to the City. The bidder’s names will not be revealed to City staff selecting the bid alternates until the selection of which bid alternates to award has been made. The selection of the apparent low bidder may or may not be announced at the bid opening. All bid forms shall be retained by the City until after the award selection has been made.

The bid alternates will be awarded as funding allows, and the City reserves the right to amend the budget for any particular project if it deems it is in the best interest of the City to do so.

Replace section 3-1.02B of the RSS with:

The Department breaks a tied bid with a coin toss
Replace section 3-1.04 with:
3-1.04 CONTRACT AWARD
If the City awards the contract, the award is made to the lowest responsible bidder within 10 days after bid opening.

If the lowest responsible bidder refuses or fails to execute the contract, the award is made to the second lowest responsible bidder within 25 days after bid opening.

If the second lowest responsible bidder refuses or fails to execute the contract, the award is made to the third lowest responsible bidder within 40 days after bid opening.

The City may extend the specified award period if the bidder agrees.

Replace “50 Percent” in item #2 of section 3-1.05 with:
100 percent
Remove Section 3-1.08 in its entirety
Replace the entirety of section 3-1.18 with:
3-1.18 CONTRACT EXECUTION
The successful bidder must sign the Contract form.

Deliver to the contact listed in the Notice to Bidders:

1. Signed Contract form

2. Contract bonds

3. Certificates of insurance as identified in section 3-1.07

4. Evidence that you possess a current, valid state Contractor’s license required to perform the work under this Contract. A copy of your license is sufficient.

The City must receive these documents before the 5th business day after the bidder receives the contract.

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SP-6
The bidder's security may be forfeited for failure to execute the contract within the time specified (Pub Cont Code §§ 10181, 10182, and 10183).

A copy of the Contract form is included in Bid Book
5 CONTROL OF WORK
Replace the entirety of Section 5-1.09:

The City of Atwater encourages cooperation between Contractor and other project stakeholders. However, formal project partnering is not required with this project.

Add to the end of section 5-1.20B(1) General:

The Contractor may be given a no-cost extension of time for unforeseen delays attributable to the permit.

Replace the entirety of Section 5-1.23 Submittals with:

SECTION 5-1.23 SUBMITTALS
A. General
Submittals covered by these requirements include manufacturers’ information, shop drawings, test procedures, test results, samples, requests for substitutions, and miscellaneous work-related submittals.

The Contractor shall furnish all drawings, specifications, descriptive data, certificates, samples, tests, methods, schedules, and manufacturer’s installation and other instructions as specifically required in the Contract Documents to demonstrate fully that the materials and equipment to be furnished and the methods of work comply with the provisions and intent of the Contract Documents.

B. Contractor Responsibilities

1. The Contractor shall be responsible for the accuracy and completeness of the information contained in each submittal and shall assure that the material, equipment or method of work shall be as described in the submittal. The Contractor shall verify that all features of all products conform to the specified requirements. Submittal documents shall be clearly edited to indicate only those items, models, or series of equipment, which are being submitted for review. All extraneous materials shall be crossed out or otherwise obliterated. The Contractor shall ensure that there is no conflict with other submittals and notify the Engineer in each case where his submittal may affect the work of another contractor or the City. The Contractor shall coordinate submittals among his subcontractors and suppliers including those submittals complying with unit responsibility requirements specified in applicable technical sections.

2. The Contractor shall coordinate submittals with the work so that work will not be delayed. The Contractor shall coordinate and schedule different categories of submittals, so that one will not be delayed for lack of coordination with another. No extension of time will be allowed because of failure to properly schedule submittals. The Contractor shall not proceed with work related to a submittal until the submittal process is complete.

3. The Contractor shall certify on each submittal document that he has reviewed the submittal, verified field conditions, and complied with the Contract Documents.

PART 2 - PRODUCTS (NOT USED)

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SP-7
PART 3 - EXECUTION
A. Transmittal Procedure

1. Unless otherwise specified, submittals regarding material and equipment shall be accompanied by Transmittal Form. A separate form shall be used for each specific item, class of material, equipment, and items specified in separate, discrete sections, for which the submittal is required. Submittal documents common to more than one piece of equipment shall be identified with all the appropriate equipment numbers. Submittals for various items shall be made with a single form when the items taken together constitute a manufacturer’s package or are so functionally related that expediency indicates checking or review of the group or package as a whole.

2. If the Contractor proposes to provide material, equipment, or method of work which deviates from the project requirements, he shall indicate so under “deviations” on the transmittal form accompanying the submittal copies.

B. Submittal Review Procedure

1. Review shall not extend to means, methods, techniques, sequences or procedures of construction.

Verifying quantities, dimensions, weights or gages, or fabrication processes (except where specifically indicated or required by the project) or to safety precautions or programs incident thereto. Review of a separate item, as such, will not indicate approval of the assembly in which the item functions.

2. Seven copies, unless otherwise specified during the preconstruction meeting, of all submittals required shall be furnished to the Engineer for review. The Engineer shall review the submittal and return two copies of the marked-up original within 15 working days after receipt of a submittal for review and comment, unless otherwise specified. All shop drawings and layout drawings submittals shall be submitted a minimum of 20 working days before approved submittal drawings will be required for the work.

3. Submittals which do not have all the information required to be submitted, including deviations, are not acceptable and will be returned without review.

C. Effect of Review of Contractor’s Submittals

1. Review of contract drawings, methods of work, or information regarding materials or equipment the Contractor proposes to provide, shall not relieve the Contractor of his responsibility for errors therein and shall not be regarded as an assumption of risks or liability by the Engineer or the City, or by any employee thereof, and the Contractor shall have no claim under the Contract on account of the failure, or partial failure, of the method of work, material, or equipment so reviewed.

2. The Work covered by a submittal may be commenced only after the Engineer has reviewed the pertinent submittals and returned copies to the Contractor marked either “No Exceptions Taken” or “Make Corrections Noted.” Corrections indicated on submittals shall be considered as changes necessary to meet the requirements of the Contract Documents. Review of submittals by the Engineer shall not be construed as relieving the Contractor of his/her responsibilities under this Contract.

Replace the entirety of Section 5-1.26 CONSTRUCTION SURVEYS with:

The City of Atwater will furnish construction staking to execute the work. The Contractor shall make timely demands of the Owner for such staking. A written notice of not less than three working days will be required in advance of setting stakes. Preserve construction stakes, reference points, and other survey points. In case of their loss or destruction, the Contractor shall be liable for and charged with the cost of their replacement and of any expense resulting from their loss or disturbance. Do not proceed with the work that requires construction staking until construction stakes have been provided.

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SP-8
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
Replace the 2nd paragraph of section 7-1.02K(2) with:

The general prevailing wage rates determined by the Director of Industrial Relations, for the county or counties in which the work is to be done, are available at the California Department of Industrial Relations’ Internet Web Site at: http://www.dir.ca.gov/DLSR/PWD. These wage rates are not included in the Bid Book for the project.

Changes in general prevailing wage determinations apply to the Contract when the Director of Industrial Relations has issued them at least 10 days before advertisement.(Labor Code § 1773.6 and 8 CA Code of Regs 16204).

Add to section 7-1.02K(2):

All labor will be paid at not less than the minimum wage rates established by the State of California's Director of Industrial Relations (State Wage Rates). The minimum Federal Wage Rates applicable to this project are in the book issued for bidding purposes entitled "Bid Book”.

Replace the 6th paragraph of section 7-1.02K(3) with:

You may submit certified payroll records electronically to the City of Atwater by emailing records to [email protected]
Replace the 1st sentence of paragraph 26 of section 7-1.04:

Do not reduce an open traffic lane width to less than 10 feet, unless shown.

Add before the 1st paragraph of section 7-1.05A:

You must indemnify and hold harmless the City, its agents, officers, and employees, against and from any and all claims, lawsuits, actions, liability, damages, losses, expenses, costs, and actual attorneys' fees, arising out of or in connection with your performance of this Contract for:

1. any loss or damage that may happened to the work or any part thereof

2. for any loss or damage to any of the materials or other things used or employed in performing the work

3. for injury to or death of any person, either workmen or the public

4. for damage to property from any cause which might have been prevented by the Contractor, or his workmen, or anyone employed by him
For purposes of your obligation to defend, indemnify, and save harmless, the term State will have the following meaning:

The City of Atwater including their officers, directors, employees, agents, and design professionals.

Change the Umbrella or excessive liability limits in the table in the 1st paragraph of section 7-1.06D(2) to:

The limits of Liability must be at least $2,000,000.

Replace section 7-1.06G with:

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SP-9
At the option of the City, either: The insurer will reduce or eliminate such deductible or self-insured retentions as respects to the City of Atwater, its officials and employees; or The Contractor will procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses.

Add to section 7-1.06H:

Any failure to comply with reporting provisions of the policies will not affect coverage provided to the City of Atwater, its officers and employees.
8 PROSECUTION AND PROGRESS
Delete 1st and 2nd paragraphs in section 8-1.04B
Replace 3rd paragraph of section 8-1.10A:
“Liquidated damages for all work are one-thousand dollars ($1000) per day.” 9 PAYMENT
Add to section 9-1.03:

The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor 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 (49CFR26.29) 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 contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 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 contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.

Replace "Department's" in the 5th paragraph of section 9-1.07A with:

Caltrans
Delete section 9-1.11
Add to section 9-1.16E(1):

The bid amount for the contract items of work is the maximum value the City recognizes for progress payment purposes unless approved change order work increases this amount.

Replace section 9-1.16F with:

The City will withhold 5 percent of all progress payments as retention. Retention will be paid to you on the Final Payment.

You will have the right to substitute securities for the retention under Pub Cont Code § 22300. No substitution will be accepted until:

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SP-10

1. the City approves the securities and their value,

2. the parties have entered into an escrow agreement (if the securities are to be held in escrow) in a form substantially similar to that under § 22300,

3. all documentation necessary for assignment of the securities to the City or to the escrow agent, are delivered in a form satisfactory to the City.

If you have substituted securities for any of the retention, the City may request that such securities be revalued from time to time, but not more often than monthly. Such revaluation will be made by a person or entity designated by the City and approved by you. If such revaluation results in a determination that the securities have a market value less than the amount of retention for which they were substituted, then the amount of the retention required under the Contract will be increased by such difference in market value. Such increased retention will be withheld from the next progress payment(s) due to you under the Contract.

Replace section 9-1.22 with:

Claims must be litigated in a court of competent jurisdiction.

DIVISION II GENERAL CONSTRUCTION
12 TEMPORARY TRAFFIC CONTROL
Add the following to section 12-1.01:

At the preconstruction conference, submit a traffic control plan for acceptance by the Engineer. The plan shall detail all measures to be taken to maintain traffic and control access through the area of work, and maintain access to adjacent properties during construction.

The traffic control plan shall depict the traffic handling equipment and devices to be used and their location. It shall detail lane closures, pedestrian detours, and temporary pavement delineations necessary to complete the work as shown on the plans.

Costs for developing and implementing the traffic control plan is to be included in the various bid items with no additional payment therefor.

Add to the end of section 12-4.01A:

The full width of the traveled way must be open to traffic on:
 Friday after 3:00 p.m.
 Saturday
 Sunday
 Designated holidays
 Martin Luther King Jr. Day, Cesar Chavez Day, Friday after Thanksgiving, and Easter Sunday weekend including the Friday prior
Do not perform work on local streets between 7:00 AM and 9:00 AM, and between 4:00 PM and 6:00 PM.

Personal vehicles of contractor’s employees must not be parked on the traveled way or shoulders, including sections closed to traffic.

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SP-11
13 WATER POLLUTION CONTROL
Replace the last paragraph of Section 13-1.01A with:

This project is anticipated to result in a total area of land disturbance that is greater than one (1) acre.

Therefore, this project is subject to the State of California’s NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Order No. 2009-0009-DWQ, NPDES No. CAS000002). Contractor must prepare a Storm Water Pollution Prevention Plan (SWPPP) and file Permit Registration Documents with the State Water Board in accordance with the General Construction Permit and these specifications.

Replace the entirety of Section 13-1.01D(2) with:

Comply with the State of California’s NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Order No. 2009-0009-DWQ, NPDES No. CAS000002).

Delete Section 13-2 WATER POLLUTION CONTROL PROGRAM in its entirety.

Replace Section 13-3.04 PAYMENT with the following:

Payment will be prorated over the life of the contract.

Costs for preparation, monitoring, inspection, reporting, and implementing the SWPPP are included in the bid item for “WATER POLLUTION CONTROL”, and no additional payment will be provided therefor. 14 ENVIRONMENTAL STEWARDSHIP
Replace the second paragraph of section 14-8.02A with:

Do not operate construction equipment or run the equipment engines form 7:00 pm to 7:00 am or on Sundays, except you may operate equipment within the project limits during these hours to:

1. Service traffic control facilities

2. Service construction equipment
Should you feel it necessary to operate equipment or run equipment engines between 7:00 pm and 7:00 am or on Sundays, submit a request to the Engineer three working days in advance for review and approval. If the Engineer approves the request for work between these times, the Contractor will be responsible for payment of the additional inspection costs incurred by the City to make available an inspector during non-working hours. Additionally work shall not exceed 86 dBA LMax at 50 feet from the job site activities from 7:00 pm to 7:00 am, unless authorized by the Engineer.

Add to section 14-9.02
Dust Control, Apply Water, Site Maintenance, and Cleanup Dust control shall conform to any requirements set forth in the San Joaquin Valley Air Pollution Control District Construction Notification Form, the provisions in Section 14-9, “Air Quality” of the Caltrans Specifications, and these Special Provisions. Water for the purpose of dust control shall be potable. All dust control operations shall be performed by the Contractor at the time, location and in the amount ordered by the Engineer. The application of either water or dust palliative shall be under the control of the Engineer at all times. Watering shall conform to the provisions of Section 13 "Water Pollution Control" of the Caltrans Specifications and these Special Provisions. Attention is also directed to Section 18 “Dust Palliatives” of the Caltrans Specifications and these Special Provisions.

The Contractor is responsible for obtaining construction water.

Page 283 of 660 ends

SP-12
The Contractor shall conduct and cause all working forces at the site to maintain the site in a neat, orderly manner throughout the construction operations. The work shall be conducted in a manner that will control the dust. When ordered to provide dust control, the Contractor shall use water to reduce the dusty conditions all to the satisfaction of the Engineer. During construction, the Contractor shall remove all rubbish and debris as it is generated.

Upon completion of the work, the Contractor shall remove all equipment, debris, and shall leave the site in a neat, clean condition all to the satisfaction of the Engineer.

Add to section 14-11.12A:

This project will require the removal of yellow striping. Submit a Lead Compliance Plan for review and approval, and implement per section 14-11.12.

All costs for this work are to be included in the bid item for “Remove Pavement Marking”, and no additional payment will be made therefor.

DIVISION III EARTHWORK AND LANDSCAPING
17 GENERAL
Replace the 4th paragraph in section 17-2.03A with:

Clear and grub vegetation only within the excavation and embankment slope lines.

Replace section 17-2.04 with:

The bid item for “Clearing and Grubbing” is to include costs for compliance with this section, as well as all other required surface preparatory and demolition work not specifically included in other bid items. 19 EARTHWORK
Add to section 19-1.01A:

Provide conform grading in adjacent residents’ yards when there is an elevation difference between the back of the new sidewalk and the existing yard grade. Mark daylight lines and/or limits of conform grading and allow for inspection prior to construction. Install conform grading at a maximum slope of 4h:1v for elevation differences of 1 foot or more; 3h:1v for elevation differences of less than 1 foot; 2:1v for elevation differences of 6 inches or less. Replace any landscaping that is damaged or removed as a result of construction, in kind.

Offhaul dirt spoils to an approved location.

Replace section 19-1.04 with:

The lump sum bid item for “Conform Grading” includes all costs associated with conform grading from the back of the installed sidewalk or curb to the existing grade as described in these special provisions and as shown on the plans.

DIVISION IV SUBBASES AND BASES
23 GENERAL
Replace “Department’s” in 23-1.01D(1)(b) with:

Caltrans’

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SP-13
26 AGGREGATE BASES
Replace second paragraph in 26-1.02A with:

Use 3/4 inch maximum aggregate gradation unless otherwise specified. Do not change the aggregate gradation without authorization.

Replace Section 26-1.04 with:

Bid item cost for “Class 2 Aggregate Base” includes costs for subgrade preparation, placement and compaction of aggregate base in areas where asphalt pavement replacement or installation is called for on the plans. Payment will be based on square footage of installed aggregate base to the thickness indicated in the bid item list, with no additional payment made therefor. No additional payment will be provided for aggregate base that is installed in thicknesses greater than called for in the plans and bid documents without prior authorization from the Engineer. Aggregate base used to fill low areas of the subgrade will not be measured nor paid for.

DIVISION V SURFACINGS AND PAVEMENTS
39 ASPHALT CONCRETE
Add to section 39-2.02A(1):

Use 3/4 maximum aggregate gradation unless otherwise specified or noted in the plans. Use PG64-10 asphalt binder.

Replace section 39-2.06D with:

Bid item cost for “Hot Mix Asphalt” includes costs for placement and compaction of Hot Mix Asphalt in areas where asphalt pavement replacement or installation is called for on the plans. Payment will be based on square footage of installed HMA pavement to the thickness indicated in the bid item list, with no additional payment made therefor. No additional payment will be provided for pavement that is installed in thicknesses greater than called for in the plans and bid documents without prior authorization from the Engineer.

Delete the 2nd and 3rd paragraphs and replace the 1st sentence of the 4th paragraph of section 39-2.01C(4)(a) with:

Place HMA on adjacent traveled way lanes such that at the end of each work shift, the distance between the ends of HMA layers on adjacent lanes is from 5 to 10 feet.

Replace the 2nd paragraph in section 39-2.01(D) with:

Payment for tack coat, asphalt binder, and asphaltic emulsion is included in the payment for the “Replace Asphalt Concrete Surfacing”
Replace Reserved in section 39-2.02B(3):

The grade of asphalt binder for Type A HMA must be PG 64-10.

DIVISION VIII MISCELLANEOUS CONSTRUCTION
73 CONCRETE CURBS AND SIDEWALKS
Replace first paragraph of Section 73-1.01 with:

Concrete for curbs, sidewalks, driveways, gutters and their appurtenances must be minor concrete containing at least 463 pounds of cementitious material per cubic yard. References in City of Atwater Standard Details to classes, gradations, cementitious content or other concrete specifications are superseded by these Special Provisions. However, contractor is to apply a white pigmented curing compound per City of Atwater Standard Details.

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SP-14
Replace Section 73-1.04 with:

Payment for various “Minor Concrete” bid items will be based on measured quantities and unit prices.

Payment will include subgrade preparation and placement of aggregate base, if shown in the plans. 75 MISCELLANEOUS METAL
Add to section 75-1.01A:

Construct curb-through drains where indicated and per plan details so as to provide drainage for adjacent residential lots. The bid items for “Miscellaneous Metal (Curb Drain)” will include all costs for installation of curb-through drain, including connection to existing yard drain, and no additional payment will be made therefor.
77 LOCAL INFRASTRUCTURE
Replace Section 77-1 with:

Section 77-1 DOMESTIC WATER FACILITIES
Section 77-1.01 GENERAL
Construct all domestic water and sewer facilities per the plans and the City of Atwater Standard Specifications.

The bid item unit cost for “Adjust Ex. Water Meter Box to Grade” shall include all costs associated with adjustment of existing meter boxes to grade, including the installation of traffic rated lids and boxes, where necessary.

DIVISION IX TRAFFIC CONTROL DEVICES
82 SIGNS AND MARKERS
Replace Section 82-1.04 with:

The bid item for “Roadside Sign” shall include all costs for installation of a new sign, post, and footing (as applicable) where indicated on the plans, and no additional payment will be made therefor. 84 MARKINGS
Replace Section 84-1.04 with:

The bid items for “THERMOPLASTIC PAVEMENT MARKING” and “12” THERMOPLASTIC TRAFFIC STRIPE” shall include all costs for installation of pavement markings per the plans, and shall be paid per the units and unit costs shown in the bid item list with no additional payment made therefor.

Page 286 of 660 ends

ENGINEERING DIVISION
BID
BOOK
For the Construction of
for
DOWNTOWN PEDESTRIAN IMPROVEMENTS PROJECT – PHASE II
Federal Project No. CML-5254 (031) and CRP-5254(031)
In
The City of Atwater
For use in conjunction with STANDARD SPECIFICATIONS, dated 2023, published by the California Department of Transportation, and with LABOR SURCHARGE AND EQUIPMENT RENTAL RATES, in effect on the date the work is accomplished
PROJECT NO.: 20-8 BID CALL NO.: 709-21
BID OPENING: Tuesday, TBD, 2024 @ 2:00 P.M. Pacific Time ______________________________
Greg Thompson
Interim City Manager
______________________________
Date
BOOK 2 OF 2

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TABLE OF CONTENTS
BID ITEM CHECKLIST .............................................................................................................. BF-1 BIDDER INFORMATION ........................................................................................................... BF-2 BID ITEM LIST ........................................................................................................................... BF-4 LIST OF SUBCONTRACTORS ................................................................................................. BF-8 AFFIRMATIVE ACTION PROGRAM CERTIFICATION ............................................................. BF-9 NONDISCRIMINATION OF INDIVIDUALS WITH DISABILITIES ............................................ BF-10 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION ................................................... BF-11 PUBLIC CONTRACT CODE (STATEMENTS & QUESTIONNAIRE) ...................................... BF-12 NONCOLLUSION AFFIDAVIT ................................................................................................. BF-13 DEBARMENT & SUSPENSION CERTIFICATE ...................................................................... BF-14 NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS ................................. BF-15 BIDDER'S BOND ..................................................................................................................... BF-17 BID EXECUTION --PART 1 ..................................................................................................... BF-18 BID EXECUTION –PART 2 ..................................................................................................... BF-19 SAMPLE CONSTRUCTION CONTRACT ............................................................................... BF-20 SAMPLE FAITHFUL PERFORMANCE BOND ........................................................................ BF-32 SAMPLE LABORERS AND MATERIALMENS BOND............................................................. BF-33

ATTACHMENTS
ATTACHMENT 1: EXHIBIT 12-G: REQUIRED FEDERAL-AID CONTRACT LANGUAGE ATTACHMENT 2: EXHIBIT 15-G: CONSTRUCTION CONTRACT DBE COMMITMENT ATTACHMENT 3: EXHIBIT 15-H: PROPOSER / CONTRACTOR GOOD FAITH EFFORTS ATTACHMENT 4: EXHIBIT 12-B: BIDDER’S LIST OF SUBCONTRACTORS (DBE AND NONDBE) PARTS 1 AND 2 ATTACHMENT 5: SAMPLE CONSTRUCTION ADMINISTRATION FORMS
Exhibit 16-B Subcontracting Request
Exhibit-16-Z1 Monthly DBE Trucking Verification
Exhibit 17-F Final Report-Utilization of Disadvantaged Business Enterprises (DBE) and FirstTier Subcontractors Exhibit 17-O Disadvantaged Business Enterprises (DBE) Certification Status Change ATTACHMENT 6: FEDERAL WAGE RATES

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BF-1

BID ITEM CHECKLIST
The bidder shall provide a complete bid in a sealed envelope before 2:00 pm on the bid opening date. Failure to provide all the required documents may cause the bid to be considered nonresponsive.

PROJECT: DOWNTOWN PEDESTRIAN IMPROVEMENTS PROJECT –PHASE II Item Page # Complete?
Bidder Information BF-2 Yes 
Bid Item List BF-4-6 Yes 
List of Subcontractors BF-7 Yes 
Equal Employment Opportunity Certification BF-10 Yes 
Public Contract Code Section 10285.1 Statement & Public Contract Code Section 10162 Questionnaire
BF-11 Yes 
Response to Debarment & Suspension Certificate (if
applicable)
BF-13 Yes 
N/A 
Disclosure of Lobbying Activities (if applicable) BF-15 Yes  N/A 
Bidders Bond & Security BF-16 Yes 
Bid Execution Parts 1 & 2 BF-17-18 Yes 
Because some colored inks will not reproduce in copy machines, please use black ink to complete this proposal.)
The following items must be submitted within five (5) business days of the bid opening date:

Item Attachment
Exhibit 15-G: Construction Contract DBE Commitment 2
Exhibit 15-H: Proposer / Contractor Good Faith Efforts 3 Exhibit 12-B: Bidders List of Subcontractors (DBE and NonDBE) 4

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BF-2

BIDDER INFORMATION
TO

CITY OF ATWATER
Project No.: 20-8
Bid Call No.: 709-21
FOR THE CONSTRUCTION OF: DOWNTOWN PEDESTRIAN IMPROVEMENTS

PROJECT -PHASE II
NAME OF BIDDER:

BUSINESS ADDRESS:

TELEPHONE NO.: Area Code ( )
FAX NO.: Area Code ( )
The work for which this proposal is submitted is for construction in accordance with the special provisions (including the payment of not less than the State General Prevailing Wage Rates), the contract annexed hereto, and any addenda thereto, and also in accordance with the State of California Department of Transportation Standard Plans, dated 2018, the Standard Specifications, dated 2018, and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished.

Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items.

The bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount set forth under the "Item Total" column shall be the product of the unit price bid and the estimated quantity for the item.

In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in (a) or (b), as follows:
(a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount as the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price;
(b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentagewise the unit price or item total in the Department's Final Estimate of cost.

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BF-3
If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided.

Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have no significance in establishing any unit price or item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a dollar. Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the item total, the items total shall prevail.

The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every omission, inconsistency, error or other irregularity which may occur in a bid. Any situation not specifically provided for will be determined in the discretion of the CITY OF ATWATER, and that discretion will be exercised in the manner deemed by the CITY OF ATWATER to best protect the public interest in the prompt and economical completion of the work. The decision of the CITY OF ATWATER respecting the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final.

If this bid shall be accepted and the undersigned shall fail to enter into the contract and furnish the two (2) bonds in the sums required by the Special Provisions, with surety satisfactory to the City of Atwater Engineering Division, within eight (8) days, not including Saturdays, Sundays and legal holidays, after the bidder has received notice from the Department that the contract has been awarded, the City of Atwater may, at its option, determine that the bidder has abandoned the contract, and thereupon this bid and the acceptance thereof shall be null and void and the forfeiture of such security accompanying this bid shall operate and the same shall be the property of the City of Atwater.

The undersigned, as bidder, declares that the only persons or parties interested in this bid as principal are those named herein; that this bid is made without collusion with any other person, firm, or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of contract, and the plans therein referred to; and he proposes, and agrees if this bid is accepted, that he will contract with the City of Atwater, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefore the following item prices, to wit:

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BF-4

CITY OF ATWATER

BID ITEM LIST
DOWNTOWN PEDESTRIAN IMPROVEMENTS PROJECT –PHASE II
PROJECT NO. 20-8
BID CALL NO. 709-21
BASE BID:

ITEM
NO.

ITEM
CODE BID ITEM QUANTITY UNIT UNIT PRICE
TOTAL
ITEM
PRICE
DEMOLITION AND SITE PREPARATION (PARTICIPATING ITEMS)
1 153248 REMOVE CONCRETE 4,590 SF
2 398001 REMOVE ASPHALT CONCRETE
PAVEMENT 8,351 SF
3 153215 REMOVE EX. CONCETE CURB AND
GUTTER 351 LF
4 153214 REMOVE EX. CONCRETE VERTICAL
CURB 101 LF
5 820610 RELOCATE ROADSIDE SIGN 3 EA
6 170103 CLEARING AND GRUBBING 1 LS
7 846026 REMOVE PAVEMENT MARKING 1 LS
8 710158 REMOVE CATCH BASIN 4 EA
9 170104 REMOVE EX. TREE AND TREE
STUMP 12 EA
10 151264 REMOVE EX. CHAINLINK FENCE 13 LF
11 150604 REMOVE EXISTING WOOD FENCE 86 LF
12 156545 REMOVE EXISTING TIMBER 185 LF
13 12746 REMOVE BOLLARD 3 EA
14 568046 REMOVE MONUMENT POLE SIGN 1 EA
STREET WORK (PARTICIPATING ITEMS)
15 730010 MINOR CONCRETE (6" CURB AND
GUTTER) 2,176 LF
16 39006 MINOR CONCRETE (RETAINING
CURB) 728 LF

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BF-5
ITEM
NO.

ITEM
CODE BID ITEM QUANTITY UNIT UNIT PRICE
TOTAL
ITEM
PRICE
17 731502 MINOR CONCRETE (DRIVEWAY
CONFORM) 486 SF
18 731516 MINOR CONCRETE (DRIVEWAY) 2,080 SF
19 731521 MINOR CONCRETE (SIDEWALK) 14,159 SF
20 731623 MINOR CONCRETE (CURB RAMP) 2,362 SF
21 730070 DETECTABLE WARNING SURFACE 484 SF
22 260203 CLASS 2 AGGREGATE BASE (5.5 IN
THICKNESS) 6,341 SF
23 390132 HOT MIX ASPHALT (2.5 IN.

THICKNESS) 6,341 SF
24 840515 THERMOPLASTIC PAVEMENT
MARKING (STOP LEGEND) 6 EA
25 840555 12" THERMOPLASTIC TRAFFIC
STRIPE (CROSSWALK) 431 LF
26 707105 TYPE GO DRAINAGE INLET 3 EA
27 130150 WATER POLLUTION CONTROL 1 LS
28 198051 CONFORM GRADING 1 LS
29 13673 12" STORM DRAIN PIPE 73 LF
30 820880 INSTALL SIGN 1 EA
UTILITY ADJUSTMENT AND RELOCATION ITEMS (NON‐PARTICIPATING ITEMS) 31 152403 ADJUST EX. WATER METER BOX TO
GRADE 1 EA
32 152410 RELOCATE WATER METER 3 EA
33 152402 ADJUST EX. WATER VALVE COVER
TO GRADE 2 EA
34 208690 1.5" PVC IRRIGATION SIDEWALK
CROSSING 33 EA
35 641101 3" DUCTILE IRON THRU‐CURB PIPE 41 LF
TOTAL BASE BID:

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BF-6
ADDITIVE ALTERNATE #1
ITEM
NO.

ITEM
CODE BID ITEM QUANTITY UNIT UNIT PRICE
TOTAL ITEM
PRICE
DEMOLITION AND SITE PREPARATION (PARTICIPATING ITEMS)
1 153248 REMOVE CONCRETE 3,114 SF
2 398001 REMOVE ASPHALT CONCRETE
PAVEMENT 18,909 SF
3 153215 REMOVE EX. CONCETE CURB AND
GUTTER 486 LF
4 153214 REMOVE EX. CONCRETE VERTICAL
CURB 103 LF
5 820610 RELOCATE ROADSIDE SIGN 7 EA
6 170103 CLEARING AND GRUBBING 1 LS
7 846026 REMOVE PAVEMENT MARKING 1 LS
8 710158 REMOVE CATCH BASIN 1 EA
9 170104 REMOVE EX. TREE AND TREE STUMP 27 EA
10 151264 REMOVE EX. WROUGHT IRON FENCE 185 LF
11 150604 REMOVE EXISTING WOOD FENCE 71 LF
12 156545 REMOVE EXISTING TIMBER 128 LF
13 38577 REMOVE HISTORIC LOCATION
MARKER 1 EA
STREET WORK (PARTICIPATING ITEMS)
14 730010 MINOR CONCRETE (6" CURB AND
GUTTER) 4,358 LF
15 39006 MINOR CONCRETE (RETAINING CURB) 1,056 LF
16 731502 MINOR CONCRETE (DRIVEWAY
CONFORM) 2,147 SF
17 731516 MINOR CONCRETE (DRIVEWAY) 3,688 SF
18 731521 MINOR CONCRETE (SIDEWALK) 22,059 SF
19 731623 MINOR CONCRETE (CURB RAMP) 3,526 SF
20 730070 DETECTABLE WARNING SURFACE 799 SF
21 260203 CLASS 2 AGGREGATE BASE (5.5 IN
THICKNESS) 14,021 SF
22 390132 HOT MIX ASPHALT (2.5 IN.

THICKNESS) 14,021 SF
23 840515 THERMOPLASTIC PAVEMENT
MARKING (STOP LEGEND) 8 EA

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BF-7
ITEM
NO.

ITEM
CODE BID ITEM QUANTITY UNIT UNIT PRICE
TOTAL ITEM
PRICE
24 840555 12" THERMOPLASTIC TRAFFIC STRIPE
(CROSSWALK) 595 LF
25 707105 TYPE GO DRAINAGE INLET 3 EA
26 152439 ADJUST EX. INLET FRAME AND GRATE
TO FINISH GRADE 1 EA
27 130150 WATER POLLUTION CONTROL 1 LS
28 198051 CONFORM GRADING 1 LS
29 13673 12" STORM DRAIN PIPE 472 LF
30 15877 ADJUST STORM MH TO GRADE 2 EA
31 14563 STORM DRAIN MH 3 EA
32 CONNECT TO EXISTING STORM DRAIN
MANHOLE 1 EA
33 820880 INSTALL SIGN 1 EA
UTILITY ADJUSTMENT AND RELOCATION ITEMS (NON‐PARTICIPATING ITEMS) 34 12222 ADJUST SEWER MANHOLE TO GRADE 1 EA
35 152403 ADJUST EX. WATER METER BOX TO
GRADE 9 EA
36 152410 RELOCATE WATER METER 4 EA
37 152402 ADJUST EX. WATER VALVE COVER TO
GRADE 3 EA
38 152428 ADJUST EX. FIRE HYDRANT TO GRADE 2 EA
39 208690 1.5" PVC IRRIGATION SIDEWALK
CROSSING 69 EA
40 641101 3" DUCTILE IRON THRU‐CURB PIPE 65 LF
41 18435 6" DRAIN INLET (INCL. CONCRETE
ENCASEMENT) 1 EA
TOTAL ADDITIVE ALTERNATE #1
GRAND TOTAL BASE BID + ADDITIVE ALTERNATE #1: _______________________ The bidder will list the name, address, the California contractor license number, and the portion of work of each subcontractor on the next page.

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BF-8

LIST OF SUBCONTRACTORS
The bidder certifies that:

A. I do not intend to subcontract any work on this project.

B. I do intend to subcontract portions of the work on this project.

NOTE: Check box A or box B. If a box is not checked, it will be deemed as box A checked.

If awarded the Contract, you propose to employ the following subcontractors to perform work or labor or render service in or about the work in an amount in excess of one-half of one percent (0.5%) of the total amount of your proposal or $10,000, whichever is greater. Listing of subcontractors is mandatory under Sections 4100-4108 of the Public Contract Code. If no subcontract work is proposed, except within the one-half of one percent (0.5%) or $10,000 limit set forth, you will so state.

NAME AND ADDRESS DEPT. INDUSTRIAL DESCRIPTION OF WORK BID ITEMS NUMBERS

OF SUBCONTRACTOR RELATIONS TO BE SUBCONTRACTED AND PERCENTAGE OF

AND LICENSE NUMBER REGISTRATION NUMBER WORK SUBCONTRACTED _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________

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BF-9

CITY BID CERTIFICATIONS

AFFIRMATIVE ACTION PROGRAM CERTIFICATION
This certification of bidder regarding Affirmative Action Program shall be submitted by the bidder and shall be part of the contract documents:

The bidder hereby certifies that he/she is in compliance with the following:
• Title VI of the Civil Rights Act of 1964 (PL 88-352)
• Equal Employment Opportunity (Executive Order No. 11246) • California Fair Employment Practices Act
NOTICE: The above certification is part of the Bid. Signing the Bid on the signature portion thereof shall also constitute signature of this certification. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

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BF-10

NONDISCRIMINATION OF INDIVIDUALS WITH DISABILITIES
Policy Statement
In compliance with the Americans with Disabilities Act of 1990 and Section 51.55, Office of Revenue Sharing, Department of the Treasury, it is the policy of the City of Atwater that it will not aid or perpetuate discrimination against a qualified handicapped individual by funding an agency, organization, or person that discriminates on the basis of handicap in providing any aid, benefit, or service to beneficiaries of the program or activity.

The City is committed to provide access to all City services, programs and meetings open to the public to people with disabilities.

In this regard, City and all of its contractors and subcontractors will take all reasonable steps in accordance with the Americans with Disabilities Act of 1990 and GRS Section 51.55 to ensure that handicapped individuals have the maximum opportunity for the same level of aid, benefit or service as any other individual.

Each agency, organization, or person seeking a bid, contract or agreement with the City of Atwater shall include a certification of compliance with the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973 as incorporated in the Revenue Sharing Act.

NON–DISCRIMINATION CERTIFICATION
The bidder hereby certifies that he/she is in compliance with the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973 as incorporated in the Revenue Sharing Act, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap, discrimination and participation.

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

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BF-11

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The
bidder_________________________________________________________________,hereby certifies that he has ___ , has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.

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BF-12

PUBLIC CONTRACT CODE (STATEMENTS & QUESTIONNAIRE)
Public Contract Code Section 10285.1 Statement
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has ___ , has not ___ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

Note: The bidder must place a checkmark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

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

Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
Yes _____ No _____
If the answer is yes, explain the circumstances in the following space.

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NONCOLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the City of Atwater.

In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Note: The above Noncollusion Affidavit is part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit.

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

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DEBARMENT & SUSPENSION CERTIFICATE
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

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

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

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

The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification.

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NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(l) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.

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

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.

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Disclosure of Lobbying Activities

1. 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. a. Name and Address of Lobby Entity b. 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)

11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) $ _____________ actual planned a. retainer
b. one-time fee

12. 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_________________________

14. 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)

15. Continuation Sheet(s) attached: Yes No

16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. 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. 1352. 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
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352

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CITY OF ATWATER

BIDDER'S BOND

KNOW ALL MEN BY THESE PRESENTS, THAT WE
as Principal, and
, as surety,
are held and firmly bound unto the City of Atwater in the penal sum of ten percent (10%) of the total amount of the bid of the Principal above named, submitted by said Principal to the City of Atwater for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, to the City of Atwater to which said bid was submitted, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $_______________________.

The condition of this obligation is such that, whereas the Principal has submitted the above-mentioned bid to the City of Atwater, as aforesaid, for certain construction specifically described as follows, for which bids are to be opened at Atwater, California, for the DOWNTOWN PEDESTRIAN IMPROVEMENTS PROJECT -

PHASE II
NOW, THEREFORE, if the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form, in accordance with the bid, and files two bonds with the City of Atwater one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this ___________________ day of ____________________, A.D. 2024.
_________________________________(Seal)
_________________________________(Seal)
_________________________________(Seal)

PRINCIPAL
_________________________________(Seal)
_________________________________(Seal)
_________________________________(Seal)
SURETY
ADDRESS________________________________
NOTE: Signatures of those executing for the surety must be properly acknowledged.

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BID EXECUTION --PART 1
DOWNTOWN PEDESTRIAN IMPROVEMENTS PROJECT –PHASE II
PROJECT NO. 20-8
BID CALL NO. 709-21
Accompanying this bid is ______________________
(NOTICE: Insert the words "Cashier's Check," "Certified Check," or "Bidder's Bond," as the case may be.) in amount equal to at least ten percent of the total of the bid.

The names of all persons interested in the foregoing bid as principals are as follows:

IMPORTANT NOTICE - If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full.

Licensed in accordance with an act providing for the registration of Contractors, License No._________________________ Expiration Date: ___________________Classification(s) _________________
ADDENDA - This Bid is submitted with respect to the changes to the contract included in addenda number/s
_________________________________________________________________ (Fill in addenda numbers if addenda has been received and insert, in this Bid, any Engineer's Estimate sheets that were received as part of the addenda.)
Warning - If an addendum or addenda have been
issued by the Department and not noted
above as being received by the bidder,
this Bid may be rejected.

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BID EXECUTION –PART 2
DOWNTOWN PEDESTRIAN IMPROVEMENTS PROJECT –PHASE II
PROJECT NO. 20-8
BID CALL NO. 709-21
By my signature on this bid I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). By my signature on this bid I further certify, under penalty of perjury under the laws of the State of California and the United States of America, that the Noncollusion Affidavit required by Title 23 United States Code, Section 112 and Public Contract Code Section 7106; and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true and correct.

Date Signature of Bidder

Name (Print)

Title

Business Name:

Business Address:

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SAMPLE CONSTRUCTION CONTRACT
This GENERAL CONSTRUCTION CONTRACT (“Contract”) is made by and between the CITY OF ATWATER, a California municipal corporation (“City”) and ______________ (“Contractor”) as of ____________, 20XX, City and Contractor shall be referred to herein separately as a “Party” and collectively as “Parties”.

1. The Contract. It is mutually agreed and understood that the complete Contract shall consist of the following component documents, all of which are fully a part hereof as if herein set out in full, or if not attached, as if hereto attached:

A. This Contract;
B. Plans and Specifications for PROJECT NO.____;
C. Special Provisions for PROJECT NO.____;
D. Notice to Contractors;
E. Proposal to the City of Atwater;
F. Performance Bond;
G. Labor and Material Bond;
H. Current edition of the Caltrans Standard Specifications; I. Current edition of the Caltrans Standard Plans;
J. The latest revisions to the General Prevailing Wage Rates; and K. Any Published Addenda.

L. Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language
M. Davis-Bacon Act WD # CA20220018 10/07/2022
Any and all obligations of the City and the Contractor are fully set forth and described therein.

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All of the above component documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The component documents comprising the complete Contract are sometimes hereinafter referred to as the “Contract Documents”. To the extent any of the Contract Documents are in conflict with each other, the component documents shall have priority based upon their hierarchical order set forth above.

2. Effective Date. This Contract shall only become effective once all of the Parties have executed the Contract (the “Effective Date”). Contractor, however, shall not commence the performance of the work until it has been given notice by City (“Notice to Proceed”).

3. Term. This Contract shall commence on the Effective Date and naturally terminate after Final Payment of Contractor by City as defined by Section 5-1.08 of the Special Provisions. Section 8-1.14 of the 2010 Caltrans Standard Specifications provides for Terminations. Section 2-1.12A of the 2010 Caltrans Standard Specifications allows for termination in accordance with 49 CFR 26.13(b) for failure by the contractor to carry out the requirements of 49 CFR part 26 in the award and administration of this contract.

4. The Work. Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor, transportation, and material necessary to perform and complete in a good and workmanlike manner all work of improvement in accordance with the Contract Documents, and in the manner designated in, and in strict conformity with, the Project Plans and Specifications for PROJECT NO. ___, entitled, “______________________________ PROJECT” for construction in Atwater, Merced County, California. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished and said work performed and completed as required in said Project Plans and Specifications under the sole direction and control of the Contractor, and subject to inspection and approval of the City or its representative. The City hereby designates the City Engineer as its representative for the purpose of this Contract.

City, without invalidating this Contract, may order changes to the work, consisting of additions, deletions, or other revisions. All such changes to the work, including in the Contract Price and Contract time for performance, shall be authorized by Change Order or Work Change Directive, signed by the City Manager. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract time for performance if it fails to secure such written authorization for such work, except in the case of an emergency as provided in the 2010 Caltrans Standard Specifications or the Special Provisions.

5. Contract Price. The City agrees to pay, and the Contractor agrees to receive and accept, the following Contract prices as full compensation for furnishing all materials and performing all work in accordance with this Contract as follows:

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ITEM
NO. ITEM UNIT OF MEASURE

ESTIMATED

QUANTITY
UNIT

PRICE (IN

FIGURE)

ITEM TOTAL
(IN

FIGURES)

(Update upon award of contract)

TOTAL BID SCHEDULE ITEMS 1 THROUGH X $__________
Additional services may be authorized by the City Manager in an amount up to, but not to exceed __% of the Total Contract Amount stated above as $________________. In the event that additional services are deemed necessary, the Contractor shall provide a written request to the City Manager indicating the reason for the additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure, in whole or in part, based upon a recommendation by the Public Works Director, or his designee. If additional services are requested and approved, they shall not exceed the amount approved in writing by the City Manager. In that event, the new total compensation shall not exceed the Total Contract Amount as stated herein, plus __% of that price,, or $__________. If additional services in excess of this amount (total contract price plus __%) are deemed necessary by City staff, an amendment to this Agreement will be required and must be approved by City Council prior to commencing the work.

6. Termination. If the Contractor should become insolvent or if Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or if it or any of its subcontractors should violate any of the provisions of the Contract Documents, the City may serve written notice upon Contractor and its surety of its intention to terminate the Contract. The notice shall contain the reasons for the City’s intent to terminate the Contract and unless the violation ceases and/or is corrected within ten (10) days of service of the notice, the Contract shall cease and terminate. In the event of any such termination, the City shall immediately serve a written notice of termination on the surety and the Contractor, and the surety shall have the right to take over and perform the Contract. The surety shall serve a written notice of intent to take over and perform the Contract on the City within fifteen (15) days of service of the notice to terminate and shall commence performance of the Contract within thirty (30) days from service of the notice to terminate. In the event the surety fails to serve the notice of intent to take over and perform or fails to commence performance as required in this Section, the City may take over the work and prosecute the same to completion by contract or by any other method it may deem advisable, for the account and at the expense of the Contractor, and the Contractor and its surety shall be liable to the City for any excess cost incurred by the City, and in such event the City may, without liability for so doing, take possession of and utilize in completing the work such materials, appliances, plant, and other property belonging to the Contractor as may be on the site of the work

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and necessary to complete the work. The City may also terminate the Contractor's performance under the Agreement, either in whole or in part, at its own discretion, with or without cause, or for convenience or when conditions encountered during the work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the work for any reason. The City shall provide no less than fifteen (15) calendar days written notice of its intent to terminate the Agreement for convenience and shall endeavor to provide the Contractor with consultation with the City prior to termination.

7. Notices. All notices given pursuant to this Contract shall be in writing and shall be mailed by first class mail, postage prepaid, certified or registered, with return receipt requested. Such notice shall be deemed served or given three (3) business days after deposit in the United States Postal Service. The address of each Party to this Contract for purposes of notice shall be as indicated below. Each Party may change its address for notice by giving notice of such change to the other Party in the manner set forth above.

If to City: Lori Waterman,
City Manager
City of Atwater
750 Bellevue Road
Atwater, California 95301
If to Contractor:

If to Surety:

6. Assignment of Contract. The Contractor shall not assign the Contract, moneys due under the Contract, or monies to become due under the Contract, without first obtaining the prior written consent of the City.

7. Contract Security. The Contractor shall furnish a surety bond in an amount at least equal to One Hundred Percent (100%) of the Contract price as security for the faithful performance of this Contract (“Performance Bond”). The Contractor shall also furnish a separate surety bond in an amount at least equal to One Hundred Percent (100%) of the Contract price as security for the payment of all persons for furnishing materials, provisions, provender, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Contract, and for the

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payment of a reasonable attorney’s fee to be fixed by the court in case suit is brought upon the bond (“Labor and Material Bond”).

8. Insurance. Contractor shall maintain in full force and effect policies of insurance set forth herein, which shall be placed with insurers with a current A M Best’s rating of no less than A VII and will provide City with written proof of said insurance. Contractor shall maintain coverage as follows and will provide City with written proof of said insurance. Such insurance shall remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective work. The cost of such insurance shall be included in the contractor’s bid. Contractor shall maintain coverage as follows:

A. Minimum Scope of Insurance.

1. Commercial General Liability coverage at least as broad as the Insurance Services Office, Inc. (ISO Form CG 00 01) with limits of liability of at least $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance forms or other forms with a general aggregate limit are used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be $4,000,000.

2. An Additional Insured Endorsement to the Commercial General Liability coverage form naming the City as an insured at least as broad as ISO form CG 20 37 10 01 entitled

ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS.

3. Business Auto Liability coverage at least as broad as ISO form CA 00 01 with limits of liability of at least $1,000,000 combined single limit per accident for bodily injury and property damage, covering any automobile owned, leased, hired or borrowed by the Contractor, its agents, representatives, or employees, or for which the Contractor is responsible.

4. An Automobile Liability Special Endorsement to the Business Auto Liability form naming the City as an insured with regard to damages and the defense of claims arising out of use of any automobile for which the Contractor is responsible. (In the alternative, the Contractor may provide a Designated Insured Endorsement form at least as broad as ISO Form CA 00 01).

5. Workers’ Compensation coverage for the Contractor’s employees with limits as required by California law, and Employers Liability coverage with limits of liability of at least $1,000,000 per accident or occurrence.

6. A Certificate of Liability Insurance showing evidence of the above liability coverages prior to the commencement of work.

B. Deductibles and Self-Insured Retentions.

Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or selfPage 312 of 660 BF-25
insured retentions as respects to the City, its officers, public officials, employees and volunteers, or (2) the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

C. Other Insurance Provisions.

The Commercial General Liability and Automobile Liability policies are to contain, or be endorsed to contain the following provisions.

1. The City, its officers, public officials, agents, employees and volunteers are to be covered as insured’s with respect to liability and defense arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (CG 20 10), or as a separate owner’s policy.

2. For any claims related to this project, the Contractor’s liability insurance coverage shall be primary insurance as respects the City, its officers, public officials, employees and volunteers. Any insurance of self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.

4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the California Civil Code.

5. The Contractor agrees that any and all liability insurance coverages available to it as a named insured will be applicable to the City as an Additional Insured.

6. If other than ISO forms are used by the insurer(s) for the Contractor, each form used will require individual review and approval by the City of Atwater.

D. Acceptability of Commercial Insurers.

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than “A:

VII.”
E. Verification of Coverage.

Contractor shall furnish the City with Certificates of Liability Insurance and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the Entity’s forms, provided those endorsements or policies

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conform to the requirements of the Contract. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

F. Subcontractors.

Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the insurance requirements stated herein.

G. For Construction Risks.

If this is a Proposal and Contract that involves a construction risk, in addition to the Insurance Requirement specified above, the Contractor shall procure and maintain Course of Construction (Builder’s Risk) insurance covering all risks of loss with limits of liability of not less than the completed value of the project with no coinsurance penalty provisions.

The Course of Construction insurance policies shall contain the following provisions:

1. The City shall be named as loss payee; and

2. The insurer shall waive all rights of subrogation against the City.

9. Indemnification. The Contractor will indemnify, defend with counsel selected by the City, save, keep, and hold harmless, the City and all officers, public officials, employees, and agents thereof from and against any and all actions, claims, loss, cost, damage, injury (including, without limitation, disability, injury or death of an employee of Contractor or its subcontractors), expense and liability of every kind, nature and description that arise out of, pertain to or relate to performance of the work, provided that any such action, claim, loss, cost, damage, injury, expense or liability is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself), including the loss of use resulting there from but only to the extent caused by any negligent act or omission of Contractor, subcontractor, any supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the work or anyone for whose acts any of them may be liable. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Notwithstanding the above, the Contractor shall, wherever it is necessary, keep and maintain at his sole cost and expense during the course of his operations under this Contract such warnings, signs, and barriers as may be required to protect the public. The provisions of the preceding sentence shall not impose any liability upon the City and are for the express benefit of the general public.

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Acceptance by City of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Contract, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

It is expressly understood that Contractor is an independent contractor and that its employees shall not be employees of or have any contractual relationship with the City. Contractor shall be responsible for the payment of all taxes, workers’ compensation insurance and unemployment insurance. Should contractor desire any insurance protection, the Contractor is to acquire such protection at its expense.

In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Contract is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

10. Accident Prevention. Precaution shall be exercised at all times for protection of persons (including employees) and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment, and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Industrial Accident Commission of the State of California.

11. Payment. The City will make partial and final payment to the Contractor except that the City will retain five percent (5%) of the final payment amount until the expiration of thirty-five (35) days from the date of recording by City of the notice of acceptance of completion of all work covered by this Contract, at which time and not before, City shall pay to Contractor the remaining five percent (5%), less any previous payments and deductions provided for herein.

The closure date for the purpose of making monthly progress payment will be the last calendar day of that month. The Contractor may request in writing that such monthly closure date be changed.

The Engineer may approve such request when it is compatible with the City’s payment procedure.

Each month, the Contractor will submit its own invoice for work performed through the closure date and the Engineer will make an approximate measurement of the work performed through the closure date and as a basis for making monthly payments, estimate its value based on the Contract unit prices or as the Engineer deems appropriate. The City will endeavor to, not later than twenty (20) working days after receipt of the Contractor’s invoice, make partial payment to the Contractor, based on work performed and material incorporated in the project as of the closure date of the particular

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calendar month, providing that the Contractor’s invoice for the work performed agrees with the Engineer’s determination. If the Engineer’s determination differs from the Contractor’s invoice, the City will make payment to the Contractor for those items or portions of items not in dispute not later than payment would have been made had no dispute occurred. Within ten (10) calendar days after agreement on disputed work is achieved between the City and the Contractor, the City shall pay the Contractor for any additional monies due as a result of settling any dispute. When the work has been satisfactorily completed, the Engineer will determine the quantity of work performed and prepare the final estimate.

The payment of progress payments by the City shall not be construed as an absolute acceptance of the work done up to the time of such payments, but the entire work is to be subjected to the inspection and approval of the City and subject to whatever inspection and approval may be required by law.

It is further agreed by the Parties that before each payment is made as provided above, receipts and releases of liens of all kinds for all labor and materials and all other indebtedness connected with the work shall be presented to the City by the Contractor upon the request of the City.

12. Prevailing Wage. The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this Contract. 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 or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the terms of said proposal conflicting herewith.

13. Article VI. The improvements contemplated in the performance of this Contract is a FederalAid improvement over which the State of California shall exercise general supervision. The State of California therefore shall have the right to assume full and direct control over this Contract whenever the State of California, at its sole discretion, shall determine that its responsibility to the United States so requires. In such cases, the State Contract Act will govern.

16. General Provisions.
(a) Modification. No alteration, amendment, modification, or termination of this Contract shall be valid unless made in writing and in accordance with the Contract Documents. (b) Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition. (c) Authority. All Parties to this Contract warrant and represent that they have the power and authority to enter into this Contract and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by

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BF-29
such entities, persons, states or firms and that all former requirements necessary or required by the state or federal law in order to enter into the Contract have been fully complied with. (d) Drafting and Ambiguities. Each Party acknowledges that it has reviewed this Contract with its own legal counsel, and based upon the advice of that counsel, freely entered into this Contract. Each Party has participated fully in the review and revision of this Contract. Any rule of construction that ambiguities are to be resolved against the drafting party does not apply in interpreting this Contract.
(e) Governing Law. This Contract shall be governed by and construed in accordance with the laws of the state of California.
(f) Venue. Venue for all legal proceedings shall be in the Superior Court of California for the County of Merced.
(g) Severability. If this Contract in its entirety is determined by a court to be invalid or unenforceable, this Contract shall automatically terminate as of the date of final entry of judgment. If any provision of this Contract shall be determined by a court to be invalid and unenforceable, or if any provision of this Contract is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Effective Date of this Contract, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Contract. (h) Counterparts. This Contract may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.
(i) Audit. City shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Contractor’s charges to City under this Contract.
(j) Entire Contract. This Contract, together with its specific references, attachments and exhibits, constitutes the entire agreement of the Parties with respect to the subject matters hereof, and supersedes any and all prior negotiations, understanding and agreements with respect hereto, whether oral or written.
(k) Supersedes Prior Agreement. It is the intention of the Parties hereto that this Contract shall supersede any prior agreements, discussions, commitments, or representations whether, written, electronic or oral, between the Parties with respect to the subject matter of this Contract.
(l) Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.
(m) Headings. Headings used in this Contract are for reference purposes only and shall not be considered in construing this Contract.

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BF-30
(n) Attorney’s Fees and Costs. If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret provisions of this Contract, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.
(o) Necessary Acts and Further Assurances. The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Contract.
(p) Time is of the Essence. Time is of the essence in this Contract for each covenant and term of a condition herein.

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IN WITNESS WHEREOF, three (3) identical counterparts of this Contract, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Parties hereinabove named, on the day and year first herein written.

ATTEST:

CITY OF ATWATER, a Municipal Corporation
(Herein called Owner)
By: ________________________________________ By:_______________________________________ Lucy Armstrong, City Clerk Lori Waterman, City Manager
APPROVED AS TO FORM: ______________________________________ (Here in called Contractor)
By:________________________________________ By:_______________________________________ Frank Splendorio, City Attorney Contractor licensed in accordance with an act providing for the registration of contractors.

ACCOUNT DATA: LICENSE NO. ______________________________ PROJECT NO. 20-8 TAXPAYER I.D. NO. ________________________ Contract No. ________________________________ VENDOR NO. ______________________________ Project Account No./Amount: ADDRESS:________________________________ _____________________ / $ _________________PHONE:___________________________________ FAX: _____________________________________
EMAIL:___________________________________
By:__________________________________________ (SEAL)
Finance Director Verification

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BF-32

SAMPLE FAITHFUL PERFORMANCE BOND
(Contract)
WHEREAS, the City of Atwater, State of California, and ___________________ , the Contractor, have entered into a contract to perform certain work as set forth in the contract for PROJECT NO. 20-8; and, WHEREAS, ___________________________________ hereinafter designated as Principal, has agreed to install and complete said work.

NOW, THEREFORE, we the Principal and _______________ , as Surety, are held and firmly bound unto the City of Atwater, hereinafter called "City" in the penal sum of $ , lawful money of the United States, for payment of which sum well and truly to be made, we bond ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions of said improvement requirements, and any lawful modification thereof, on their part; and such work is performed at the time and in the manner specified by the City, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed, or to the specifications accompanying such work shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the work or to the specifications.

IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named on _________________ .

By: ____________________________ By: ______________________________

PRINCIPAL SURETY

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BF-33

SAMPLE LABORERS AND MATERIALMENS BOND
(Contract)
WHEREAS. the City of Atwater, State of California, and ___________________ , the Contractor, have entered into a contract to perform certain work as set forth in the contract for PROJECT NO. 20-8; and, WHEREAS, ____________________________ , hereinafter designated as Principal, has agreed to install I and complete said work; and,
WHEREAS, said Principal is required under the terms of the Contract Specifications to furnish a bond to secure the claims to which reference is made in Title 15 commencing with Section 3082 of Part 4 of Division 3 of the Civil Code of the State of California. Now, said Principal and the undersigned as Surety are held and firmly bound unto the City of Atwater, hereinafter called the City, and all contractors, subcontractors, laborers, materialsmen and other persons employed in the performance of the work and refereed to in the aforesaid Code of Civil Procedure in the sum of $ , lawful money of the United States, for materials furnished or labor thereon-of any kind or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that Surety will pay the same in an amount not exceeding the amount hereinabove set forth and also in case suit is brought upon this bond, will pay in addition to the face amount thereof costs and reasonable expenses and fees, including reasonable attorneys' fees incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 commencing with Section 3082 of Part 4 of Division 3 of the Civil Code so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void. Otherwise, it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said conditions or work shall in any manner affect its obligation on this bond, and it does hereby waive notice of any such change, extension, alteration or addition.

IN WITNESS WHEREOF this instrument has been duly executed by the Principal and Surety above named on _________________ .

By: ____________________________ By: ______________________________

PRINCIPAL SURETY

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ATTACHMENT 1:

Exhibit 12-G: Required Federal-Aid
Contract Language
(Includes FHWA Form 1273)

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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
FHWA-1273 -- Revised July 5, 2022

REQUIRED CONTRACT

PROVISIONS FEDERAL-AID

CONSTRUCTION CONTRACTS

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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
I. General
II. Nondiscrimination
III. Non-segregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for Lobbying XII. Use of United States-Flag Vessels:

ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only) I. GENERAL

1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding emergency
contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR633.102(e).

The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e).

Form FHWA-1273 must be included in all Federal-aid designbuild contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or
services) in accordance with 23 CFR 633.102. The designbuilder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.

Contracting agencies may reference Form FHWA-1273 in
solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a
construction contract). 23 CFR 633.102(b).

2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d).

3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA.

4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b).The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a).

II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)
The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.

In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-

1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3.

Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the
FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA
requirements.

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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

1. Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract.

The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5).
b. The contractor will accept as its operating policy the following statement:
"It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training."

2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so.

3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual
responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained.

The meetings will be conducted by the EEO Officer or other knowledgeable company official.
b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means.

4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.
b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees.

5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability. The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination.

Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.

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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved.
b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-thejob training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.

7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:
a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability.
c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.

8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship.

9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract.
b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.

10. Assurance Required:
a. The requirements of 49 CFR Part 26 and the State DOT’s FHWA-approved Disadvantaged Business Enterprise (DBE) program are incorporated by reference.
b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as nonresponsible. c. The Title VI and nondiscrimination provisions of U.S. DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21.

11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements.

Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA.
a. The records kept by the contractor shall document the following:
(1) The number and work hours of minority and non-minority group members and women employed in each work
classification on the project;
(2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women.

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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.

III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5.

As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes.

IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federalaid highway. 23 U.S.C. 113. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101. Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167.

The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA-1273 format and FHWA program requirements.

1. Minimum wages (29 CFR 5.5)
a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be
compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph

1.b. of this section) and the Davis-Bacon poster (WH–1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(ii) The classification is utilized in the area by the construction industry; and
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

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(3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount
designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination.

The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(4) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs 1.b.(2) or

1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

2. Withholding (29 CFR 5.5)
The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to DavisBacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

3. Payrolls and basic records (29 CFR 5.5)
a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is
available for this purpose from the Wage and Hour Division Web site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.
(2) Each payroll submitted shall be accompanied by a
“Statement of Compliance,” signed by the contractor or
subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(i) That the payroll for the payroll period contains the information required to be provided under 29 CFR

5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete;
(ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3;

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(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.
(3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231.
c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

4. Apprentices and trainees (29 CFR 5.5)
a. Apprentices (programs of the USDOL).

Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice.

The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed.

Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination.

In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
b. Trainees (programs of the USDOL).

Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration.

The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration.

Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.

In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.

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d. Apprentices and Trainees (programs of the U.S. DOT).

Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program.

5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5.

6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the
subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.

7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5.

9. Disputes concerning labor standards. As provided in 29 CFR

5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.

10. Certification of eligibility (29 CFR 5.5)
a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards.

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR 5.5.

2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1 of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 1 of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 of this section. 29 CFR

5.5. * $27 as of January 23, 2019 (See 84 FR 213-01, 218) as may be adjusted annually by the Department of Labor; pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990).

3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 of this section. 29 CFR 5.5.

4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4 of this section. 29 CFR 5.5.

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VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116.

1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116).
a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions:
(based on longstanding interpretation)
(1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees;
(2) the prime contractor remains responsible for the quality of the work of the leased employees;
(3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102.

2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions.

3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract.

4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on long-standing interpretation of 23 CFR 635.116).

5. The 30-percent self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. 23 CFR 635.116(d).

VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108.

2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10.

3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704).

VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or

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Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as amended and supplemented;
Shall be fined under this title or imprisoned not more than 5 years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2 CFR
200.88; EO 11738)
This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related subcontracts. 48 CFR 2.101; 2 CFR 200.326.

By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II.

The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.326.

X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,

INELIGIBILITY AND VOLUNTARY EXCLUSION
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 1200.220.

1. Instructions for Certification – First Tier Participants:
a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320.
c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325.
d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 2 CFR 180.345 and 180.350.
e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330.
g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300.
h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website
(https://www.sam.gov/). 2 CFR 180.300, 180.320, and 180.325. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

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j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325. * * * * *

2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants:
a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.335;.
(2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800;
(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and (4) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d).
(5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements).
b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340.

3. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220.
a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365.
d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 2 CFR 1200.220 and 1200.332. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR 180.300, 180.320, 180.330, and 180.335.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

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August 2022

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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325.
* * * * *
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants:

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals:
(a) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.355;
(b) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(c) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act requirements)

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. * * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS

FOR LOBBYING
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000. 49 CFR Part 20, App. A.

1. The prospective participant certifies, by signing and submitting this bid or proposal, 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 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. b. 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 Form to Report Lobbying," in accordance with its instructions.

2. 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. 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.

3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly.

XII. USE OF UNITED STATES-FLAG VESSELS:

This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381.

This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract.

When oceanic shipments (or shipments across the Great Lakes) are necessary for materials or equipment acquired for a specific Federalaid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees:

1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7.

2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-oflading) and to the Office of Cargo and Commercial Sealift (MAR620), Maritime Administration, Washington, DC 20590. (MARAD requires copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7.

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ATTACHMENT 2:

Exhibit 15-G: Construction Contract
DBE Commitment
This form to be submitted within five (5) business days of bid opening to the City of Atwater.

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Local Assistance Procedures Manual Exhibit 15-G
Construction Contract DBE Commitment
LPP 18-01 Page 1 of 3
January 2019
EXHIBIT 15-G CONSTRUCTION CONTRACT DBE COMMITMENT

1. Local Agency: City of Atwater 2. Contract DBE Goal: Twelve percent (12%)

3. Project Description:

DOWNTOWN PEDESTRIAN IMPROVEMENTS PROJECT -PHASE II

4. Project Location: ATWATER, CA

5. Bidder's Name: 6. Prime Certified DBE:  7. Bid Amount:

8. Total Dollar Amount for ALL Subcontractors: 9. Total Number of ALL Subcontractors:

10. Bid
Item
Number

11. Description of Work, Service, or Materials
Supplied

12. DBE
Certification
Number

13. DBE Contact Information
(Must be certified on the date bids are opened)

14. DBE
Dollar
Amount
Local Agency to Complete this Section upon Execution of Award

15. TOTAL CLAIMED DBE PARTICIPATION
$

21. Local Agency Contract Number:

22. Federal-Aid Project Number:
%

23. Bid Opening Date:

24. Contract Award Date:

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.

Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.

26. Local Agency Representative's Signature 27. Date 16. Preparer's Signature 17. Date

28. Local Agency Representative's Name 29. Phone 18. Preparer's Name 19. Phone

30. Local Agency Representative's Title 20. Preparer's Title DISTRIBUTION: 1. Original – Local Agency

2. Copy – Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract.

3. Include additional copy with award package.

25. Award Amount:
________________________________________________________

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Local Assistance Procedures Manual Exhibit 15-G
Construction Contract DBE Commitment
LPP 18-01 Page 2 of 3
January 2019
ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.

INSTRUCTIONS – CONSTRUCTION CONTRACT DBE COMMITMENT

CONTRACTOR SECTION

1. Local Agency - Enter the name of the local agency that is administering the contract.

2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.

3. Project Location - Enter the project location(s) as it appears on the project advertisement.

4. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc).

5. Bidder’s Name - Enter the contractor’s firm name.

6. Prime Certified DBE - Check box if prime contractor is a certified DBE.

7. Bid Amount - Enter the total contract bid dollar amount for the prime contractor.

8. Total Dollar Amount for ALL Subcontractors – Enter the total dollar amount for all subcontracted contractors.

SUM = (DBEs + all Non-DBEs). Do not include the prime contractor information in this count.

9. Total number of ALL subcontractors – Enter the total number of all subcontracted contractors. SUM = (DBEs + all Non-DBEs). Do not include the prime contractor information in this count.

10. Bid Item Number - Enter bid item number for work, services, or materials supplied to be provided.

11. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime contractor’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.

12. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on the date bids are opened.

13. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted contractors.

Also, enter the prime contractor’s name and phone number, if the prime is a DBE.

14. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime contractor if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.

15. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the “DBE Dollar Amount” column. %: Enter the total DBE participation claimed (“Total Claimed DBE Participation Dollars” divided by item “Bid Amount”). If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).

16. Preparer’s Signature - The person completing the DBE commitment form on behalf of the contractor’s firm must sign their name.

17. Date - Enter the date the DBE commitment form is signed by the contractor’s preparer.

18. Preparer’s Name - Enter the name of the person preparing and signing the contractor’s DBE commitment form.

19. Phone - Enter the area code and phone number of the person signing the contractor’s DBE commitment form.

20. Preparer’s Title - Enter the position/title of the person signing the contractor’s DBE commitment form.

LOCAL AGENCY SECTION

21. Local Agency Contract Number - Enter the Local Agency contract number or identifier.

22. Federal-Aid Project Number - Enter the Federal-Aid Project Number(s).

23. Bid Opening Date - Enter the date contract bids were opened.

24. Contract Award Date - Enter the date the contract was executed.

25. Award Amount – Enter the contract award amount as stated in the executed contract.

26. Local Agency Representative’s 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 Contractor Section of this form is complete and accurate.

27. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.

28. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the contractor’s DBE commitment form.

29. Phone - Enter the area code and phone number of the person signing the contractor’s DBE commitment form.

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Local Assistance Procedures Manual Exhibit 15-G
Construction Contract DBE Commitment
LPP 18-01 Page 3 of 3
January 2019

30. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the contractor’s DBE commitment form.

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ATTACHMENT 3:

Exhibit 15-H: Proposer / Contractor
Good Faith Efforts
This form to be submitted within five (5) business days of bid opening to the City of Atwater.

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Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort

Page 1 of 3 ends

January 2020
EXHIBIT 15-H: PROPOSER/CONTRACTOR GOOD FAITH EFFORTS
Cost Proposal Due Date ___________________ PE/CE
Federal-aid Project No(s). _____________________ Bid Opening Date ___________________ CON
The (Agency Name) established a Disadvantaged Business Enterprise (DBE) goal of _____% for this contract. The information provided herein shows the required good faith efforts to meet or exceed the DBE contract goal.

Proposers or bidders submit the following information to document their good faith efforts within five (5) business days from cost proposal due date or bid opening. Proposers and bidders are recommended to submit the following information even if the Exhibit 10-O1: Consultant Proposal DBE Commitments or Exhibit 15-G: Construction Contract DBE Commitment indicate that the proposer or bidder has met the DBE goal. This form protects the proposer’s or bidder’s eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error.

The following items are listed in the Section entitled “Submission of DBE Commitment” of the Special Provisions, please attach additional sheets as needed:

A. 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 or proofs of publication):

Publications Dates of Advertisement

B. 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.):

Names of DBEs Solicited Date of Initial Solicitation Follow Up Methods and Dates

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Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort

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January 2020
C. The items of work made available to DBE firms including those unbundled contract work items into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation in order to meet or exceed the DBE contract goal.

0.00%

D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE:

Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs:

Names, addresses and phone numbers of firms selected for the work above:

E. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining information related to the plans, specifications and requirements for the work which was provided to DBEs:

Items of
Work
Proposer or Bidder
Normally Performs Item
(Y/N)
Breakdown of
Items
Amount
($)
Percentage
Of
Contract

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Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort

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January 2020
F. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining bonding, lines of credit or insurance, necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate:

G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (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 H. Any additional data to support a demonstration of good faith efforts:

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ATTACHMENT 4:

Exhibit 12-B: Bidder’s List of
Subcontractors (DBE and Non-DBE)
Parts 1 and 2
These forms to be submitted within five (5) business days of bid opening to the City of Atwater.

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Local Assistance Procedures Manual Exhibit 12-B
Bidder’s List of Subcontractors (DBE and NON-DBE)

Page 1 of 2 ends

January 2019
Exhibit 12-B Bidder’s List of Subcontractor (DBE and Non-DBE) Part 1 As of March 1, 2015 Contractors (and sub-contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at: https://www.dir.ca.gov/Public‐Works/Contractor‐Registration.html In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required for each sub-contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total Base Bid or $10,000 (whichever is greater). Photocopy this form for additional firms. Federal Project Number: CML-5254(028) Subcontractor Name and
Location
Line Item & Description Subcontract
Amount
Percentage of
Bid Item Sub‐
contracted
Contractor
License Number
DBE
(Y/N)
DBE Cert
Number
Annual Gross Receipts
DIR Reg Number
Name: