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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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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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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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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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CITY OF ATWATER LOCAL BUSINESS PREFERENCE PROGRAM
QUESTIONNAIRE
City of Atwater Code of Ordinances 03.04.270
The City of Atwater’s Local Business Preference Program offers a preference of a five percent (5%) reduction to a local bidder’s bid price, subject to conditions and requirements described in the City Code of Ordinances Section 03.04.270. Refer also to the Special Provisions for additional information.
Non-completion and/or non-submittal of this form will disqualify bidder from receiving the Local Business Preference.
The bidder intends to qualify for the City of Atwater Local Business Preference NO Program: YES
If “yes”, provide information requested below and attach Good Faith Effort documentation as described in the Special Provisions:
Business Name
Business Street Address
Business City, State, Zip
City Business License No.
Note: The above questionnaire is part of the Bid. Signing this Bid on the signature portion thereof shall also constitute certification of this questionnaire Bidders are cautioned that providing false information may subject them to criminal prosecution.
Attach Good Faith Effort
Documentation to this form.
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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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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 RESTRIPING VARIOUS STREETS THROUGHOUT THE CITY
PROJECT
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. 2026.
_________________________________(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
RESTRIPING VARIOUS STREETS THROUGHOUT THE CITY PROJECT
PROJECT NO. 26-03
BID CALL NO. 735-26
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
RESTRIPING VARIOUS STREETS THROUGHOUT THE CITY PROJECT
PROJECT NO. 26-03
BID CALL NO. 735-26
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 ______________, 2026. 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. 26-03;
C. Special Provisions for PROJECT NO. 26-03;
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
Any and all obligations of the City and the Contractor are fully set forth and described therein.
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”.
2. 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. 26-03, entitled, “PROJECT NO. 26-03 – RESTRIPING VARIOUS STREETS THROUGHOUT THE CITY 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.
3. 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 5 $__________
Name of Bidder or Firm: ___________________________________________
4. 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 and necessary to complete the work.
5. 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 Agreement 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: Chris Hoem,
City Manager
City of Atwater
750 Bellevue Road
Atwater, California 95301
If to Contractor:
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If to Surety:
6. Assignment of Contract. The Contractor shall not voluntarily 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 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 procure and maintain for the duration of the contract the required insurance against claims for injuries to persons or damage to property, which may arise from or in connection with the performance of the work of the Contractor, its agents, employees, representatives, and subcontractors. The cost of such insurance shall be included in the contractor’s bid.
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 $1,000,000 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 $2,000,000.
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.
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4. An Automobile Liability Special Endorsement at least as broad as Exhibit 1 (attached) 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. Minimum Limits of Insurance.
Contractor shall maintain limits no less than:
1. General Liability: $1,000,000
(Including operations,
products and completed
operations.)
per occurrence for bodily injury,
personal injury and property
damage If Commercial General
Liability insurance or other form
with a general aggregate limit
shall apply separately to this
project/locations or the general
aggregate limit shall be twice
the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
C. 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 self-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.
D. 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, 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
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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 Ripon.
E. 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.”
F. 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 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.
G. Subcontractors.
Contractor shall include all subcontractors as insured’s 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.
H. For Construction Risks.
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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. Hold Harmless. The Contractor will indemnify, defend with counsel selected by the City, save, keep, and hold harmless, the City and all officers, employees, and agents thereof from all damages, costs, or expenses, in law or in equity, that may at any time arise or be set up because of personal injury or damage to property sustained by any person or persons by reason of, or in the course of the performance of said work, or by reason of any infringement or alleged infringement of the patent rights of any person or persons, firm or corporation, in consequence of the use in, on, or about said work, of any article or material supplied or installed under this Contract. 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.
Acceptance by City of insurance certificates and endorsements required under this Agreement 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 Agreement, 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 Agreement 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.
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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 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.
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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:_______________________________________
Kory J. Billings, City Clerk Chris Hoem, 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. 26-03 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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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. 26-03; 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
BF-25
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. 26-03; 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
ATTACHMENT 1:
PREVAILING WAGE RATES
FEDERAL MINIMUM WAGES MAY BE VIEWED AT THE FOLLOWING LINK:
https://sam.gov/content/wage-determinations
GENERAL PREVAILING WAGE RATE (CALIFORNIA) MAY BE VIEWED AT THE FOLLOWING LINK:
https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm
ATTACHMENT 2:
PLANS
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
February 23, 2026
TO: Mayor and City Council
FROM: Justin Vinson, Public Works Director
PREPARED
BY:
Justin Vinson, Public Works Director
SUBJECT: Approving Specifications and Authorizing and Calling for Bids for Overlaying Various Streets Throughout the City Project (Public Works Director Vinson)
RECOMMENDED COUNCIL ACTION
Approval of specifications and authorizing advertising and calling for bids for Overlaying Various Streets Throughout the City, Project No. 26-04, Bid Call Number 736-26.
I. BACKGROUND/ANALYSIS:
At the February 9th, 2026 City Council Meeting, the council had a discussion on how to spend Regional Surface Transportation Program Funding. After council discussion, council directed staff to issue a Call for Bids for Overlaying of Shaffer Road between Atwater Boulevard and Juniper Avenue, Mitchell Avenue between Winton Way and the Atwater Canal, Carter Way between Winton Way and Springwood Drive, Cedar Avenue between First Street and Winton Way, and Drakeley between First Street and Winton Way.
The specifications and scope of work included in the overlays of the streets, will consist of:
• mobilizing all required resources to complete the work; • providing temporary traffic control;
• providing erosion, sedimentation, and pollution control; • removing existing pavement by wedge grind;
• removing existing pavement markers;
• removing existing traffic striping and pavement markings by grinding; • disposing and/or recycling of all removed and excess materials; • handling and disposing of any and all hazardous materials; • repairing and filling existing pavement cracks, potholes, and boils; • leveling low/depressed areas of existing pavement;
• replacing damaged traffic signal detector loops and lead-in cables;
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Brian Raymond
John Cale Kalisa Rochester
Agenda Report - Approving Specifications and Authorizing and Calling for Bids for Overlaying Various Streets Throughout the City Project (Public Works Director Vinson) Page 2
• raising existing utility covers to finish grade;
• cleaning loose sand, dirt, debris, and other contaminants from existing pavement; • applying asphalt binder tack coat and sealant;
• installing geosynthetic pavement fabric;
• placing and compacting 1.5” Type A HMA pavement overlay with 1/2" max. aggregate size; and
• replacing thermoplastic traffic striping and pavement markings, and pavement markers.
This is up to approximately 455,250 square feet of pavement overlay. This will also include approximately 50 feet of overlay on intersecting streets that do not have a valley gutter. See Exhibit-B for a map of the estimated areas included in the Project. The estimated cost of construction is up to $1,104,000. The actual construction cost will be determined after bids are received and staff returns to Council with its recommendation about awarding a construction contract.
II. FISCAL IMPACTS:
There are no fiscal impacts at this time. Once staff receives bids back from contractors, staff will return to council with a budget amendment and contract awarding construction.
This item has been reviewed by the Finance Department.
III. LEGAL REVIEW:
This item has been reviewed by the City Attorney's Office.
IV. EXISTING POLICY:
This item consists of goals number one (1) and two (2) of the City's Strategic Plan; to ensure the City's continued financial stability and to improve public safety, respectively.
V. ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
This item has been reviewed by all departments.
VII. PUBLIC PARTICIPATION:
The public will have an opportunity to provide comments on this item prior to City Council action.
VIII. ENVIRONMENTAL REVIEW:
This item is not considered a "project" under Section 21065 of the Public Resources
Agenda Report - Approving Specifications and Authorizing and Calling for Bids for Overlaying Various Streets Throughout the City Project (Public Works Director Vinson) Page 3
Code as it will not directly or reasonably indirectly affect the physical environment and therefore is not subject to review or analysis.
IX. STEPS FOLLOWING APPROVAL:
Upon City Council approval, staff will advertise the Notice Inviting Bids in a local newspaper, on the City's website, and with one or more regional Builders Exchange.
Staff anticipates returning to the City Council with a recommendation to award the General Construction Contract and a budget amendment for the project.
Submitted by:
Justin Vinson, Public Works Director
Approved by:
Chris Hoem, City Manager
Attachments:
1. 26-04 Overlaying Various Streets Throughout the City_bid-book_1-of-2
2. 26-04 Overlaying Various Streets Throughout the City_bid-book_2-of-2
______________________________
Chris Hoem
City Manager
______________________________
Date
BID BOOK 1 OF 2
PUBLIC WORKS DEPARTMENT
NOTICE TO BIDDERS
AND
SPECIAL PROVISIONS
for
Overlaying Various Streets Throughout the City Project
For use in conjunction with the STANDARD SPECIFICATIONS, 2024 Edition, and the STANDARD PLANS, 2024 Edition, 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.: 736-26 CITY PROJECT NO.: 26-04
BID OPENING: Thursday, March 19, 2026 @ 2:00 P.M. PDT
CITY PROJECT NO. 26-04
The special provisions contained herein have been prepared by or under the direction of the following Registered Persons.
________________________________ Spencers Stamp Here
Spencer Supinger, PE
TABLE OF CONTENTS
NOTICE TO BIDDERS ................................................................................................................................NTB-1 COPY OF BID ITEM LIST ...........................................................................................................................NTB-4 SPECIAL PROVISIONS.................................................................................................................................SP-1 DIVISION I GENERAL PROVISIONS............................................................................................................SP-2 1 GENERAL...................................................................................................................................................SP-2 2 BIDDING....................................................................................................................................................SP-3 3 CONTRACT AWARD AND EXECUTION.......................................................................................................SP-8 5 CONTROL OF WORK ...............................................................................................................................SP-10 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC.......................................................................SP-12 8 PROSECUTION AND PROGRESS ..............................................................................................................SP-14 9 PAYMENT................................................................................................................................................SP-14 DIVISION II GENERAL CONSTRUCTION ..................................................................................................SP-16 12 TEMPORARY TRAFFIC CONTROL...........................................................................................................SP-16 13 WATER POLLUTION CONTROL.............................................................................................................SP-16 14 ENVIRONMENTAL STEWARDSHIP.........................................................................................................SP-17 15 EXISTING FACILITIES .............................................................................................................................SP-18 DIVISION III EARTHWORK AND LANDSCAPING ...................................................................................SP-19 17 GENERAL...............................................................................................................................................SP-19 DIVISION IV SUBBASES AND BASES ......................................................................................................SP-20 23 GENERAL...............................................................................................................................................SP-20 DIVISION V SURFACINGS AND PAVEMENTS .........................................................................................SP-21 37 SEAL COATS ..........................................................................................................................................SP-21 39 ASPHALT CONCRETE.............................................................................................................................SP-21 DIVISION VIII MISCELLANEOUS CONSTRUCTION................................................................................SP-23 77 LOCAL INFRASTRUCTURE .....................................................................................................................SP-23 DIVISION IX TRAFFIC CONTROL DEVICES............................................................................................SP-24 84 MARKINGS............................................................................................................................................SP-24 DIVISION XI MATERIALS............................................................................................................................SP-25 96 GEOSYNTHETICS ...................................................................................................................................SP-25
NTB-1
CITY OF ATWATER
PUBLIC WORKS DEPARTMENT
NOTICE TO BIDDERS
Bids open Thursday, March 19, 2026 at 2:00 p.m. Pacific DST Scope of Work:
The Base Work generally consists of a 1.5-inch pavement overlay located on Shaffer Road between Atwater Blvd and Juniper Avenue; Carter Way between Winton Way and Springwood Drive; and Mitchell Street between the Atwater Canal and approximately 250 feet east of the intersection of Mitchell Street and Willow Steet. Additive Alternative #1 includes Cedar Avenue between First Street and approximately 70’ west of Seventh Street. Additive Alternative #2 includes Drakeley Avenue between First Street and approximately 320’ west of Seventh Street. Base bid and Alternatives include approximately 50 lineal feet of conform overlay paving on each intersecting street (unless intersection street has a valley gutter, then conform will stop at valley gutter). The Base Work includes approximately 300,150 square feet of existing surfaced roadway or approximately 6,290 linear centerline feet of roadway, including side street conforms measured to the centerline of all roads. Additive Alternative #1 includes approximately 76,100 square feet of existing surfaced roadway or approximately 2,170 linear centerline feet of roadway, including side street conforms measure to the centerline of all roads. Additive Alternative #2 includes approximately 79,000 square feet of existing surfaced roadway or approximately 2,500 linear centerline feet of roadway, including side street conforms measured to the centerline of all roads. All roads included in the project are to be paved “current” to Caltrans standard specifications.
The Work is described in more detail in the following paragraphs and shall be performed by the Contractor pursuant to current Caltrans standard specifications.
All materials and construction methods shall conform to Caltrans Standard Specifications and all applicable material and performance standards therein referenced for hot mix asphalt and other bid items for the intended use and application. Material delivery shall conform to the recommended delivery standards and quality control regarding temperature of materials.
The Contractor shall furnish all labor, materials, equipment, tools, incidentals, permits, services, and construction required to complete the Work, which includes:
• mobilizing all required resources to complete the Work; • providing temporary traffic control;
• providing erosion, sedimentation, and pollution control; • removing existing pavement by wedge grind;
• removing existing pavement markers;
• removing existing traffic striping and pavement markings by grinding; • disposing and/or recycling of all removed and excess materials; • handling and disposing of any and all hazardous materials; • repairing and filling existing pavement cracks, potholes, and boils; • leveling low/depressed areas of existing pavement;
• replacing damaged traffic signal detector loops and lead-in cables; • raising existing utility covers to finish grade; (Base Bid: Approx 19 sewer/storm/cable manholes;65 G5 water/monument/gas valve/sewer cleanout; Additive Alternative #1 Approx 11 sewer/storm/cable manholes; 12 G5 water/monument/gas valve; Additive Alternative #2 Approx 9 sewer/storm/cable manholes; 15 G5 water/monument/gas valve) Contractor to verify before bid. • cleaning loose sand, dirt, debris, and other contaminants from existing pavement; • applying asphalt binder tack coat and sealant;
NTB-2
• installing geosynthetic pavement fabric;
• placing and compacting 1.5” Type A HMA pavement overlay with 1/2" max. aggregate size; and • replacing thermoplastic traffic striping and pavement markings, and pavement markers.
The newly placed asphalt overlay shall tie in smoothly with the existing road surface and shall be applied to improve or correct any existing drainage issues. Contractor shall maintain the integrity of existing curbs, gutters, drainage inlets, culverts, or any drainage apparatus. Apply the “STOP” word marking and a stop bar line at all existing Stop signs, including where none currently exists.
Contractor shall post notice of the project work schedule at all entrances to the Project work area at least one (1) week prior to commencement of any work. “NO PARKING” signs shall be posted at least 72 hours prior to beginning work. Contractor shall arrange for towing of cars, if necessary, in coordination with City.
Traffic through the active construction zones shall not be delayed more than ten (10) minutes. One travel lane shall be maintained in each direction with a minimum width of 10 feet (10’). Temporary traffic markers shall be used where required and removed completely prior to completion of the Work. Trained flaggers shall be used when required. The project work area shall be cleaned daily of all construction debris, leaving the area safe and ready for traffic.
The City will receive sealed bids for the OVERLAYING VARIOUS STREETS THROUGHOUT THE CITY PROJECT.
Project Number: 26-04
Bid Call Number: 736-26
Bid forms for this work are included in a separate book titled:
CITY OF ATWATER, CALIFORNIA
PUBLIC WORKS DEPARTMENT
BID BOOK
FOR THE CONSTRUCTION OF
OVERLAYING VARIOUS STREETS THROUGHOUT THE CITY PROJECT
No bid will be received unless it is made on a bid form furnished by the CITY OF ATWATER PUBLIC WORKS DEPARTMENT. 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 valid California license of Classification A – General Engineering Contractor, or C-12 – Earthwork and Paving, to perform this work.
The successful bidder will be required to obtain a City of Atwater Business License at his/her own expense before execution of the contract.
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 30 working days.
The estimated cost of the base bid construction is $727,000.
The estimated cost of Additive Alternative #1 is $185,000.
The estimated cost of Additive Alternative #2 is $192,000.
NTB-3
Copies of plans, special provisions and proposal forms may only be obtained at the office of the City of Atwater, Engineering Division, located at 1350 Broadway Avenue, Atwater, CA, (209) 357-6233, upon request and payment of $50.00 per set, which is nonrefundable and includes sales tax.
Electronic copies of the plans and specifications (Adobe PDF file format) 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 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. PDT on the bid open date at the City of Atwater, Council Chambers, 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 Justin Vinson at the City of Atwater, Public Works Department, 470 Aviator Dr, Atwater, CA 95301; 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, https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.
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.
Bidders shall provide certification regarding debarment, suspension, ineligibility and voluntary exclusion.
The General Services Administration System for Award Management (SAM) provides a complete, current list of all individuals and firms who are excluded or disqualified from covered transactions by the Federal Government. Visit https://sam.gov/content/exclusions for more information.
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
Justin Vinson
Public Works Director
NTB-4
CITY OF ATWATER
PUBLIC WORKS DEPARTMENT
* * * * * *
OVERLAYING VARIOUS STREETS THROUGHOUT THE CITY
PROJECT
Project Number: 26-04
COPY OF BID ITEM LIST
(NOT TO BE USED FOR BIDDING PURPOSES)
BASE BID
ITEM
NO. ITEM UNIT OF MEASURE
ESTIMATED
QUANTITY
1 MOBILIZATION LS 1
2 TEMPORARY TRAFFIC CONTROL LS 1
3 EROSION, SEDIMENTATION, AND POLLUTION CONTROL LS 1
4 REMOVE EXISTING TRAFFIC STRIPING AND PAVEMENT
MARKINGS LS 1
5 REMOVE EXISTING AC PAVEMENT (WEDGE GRIND) LF 11,960
6 REPAIR EXISTING AC PAVEMENT SF 300,150
7 RAISE EXISTING UTILITIES COVERS TO FINISH GRADE LS 1
8 1.5” TYPE A HMA OVERLAY WITH PAVEMENT FABRIC SF 300,150 9 REPLACE TRAFFIC STRIPING AND PAVEMENT MARKINGS LS 1
ADDITIVE ALTERNATIVE #1
ITEM
NO. ITEM UNIT OF MEASURE
ESTIMATED
QUANTITY
1 MOBILIZATION LS 1
2 TEMPORARY TRAFFIC CONTROL LS 1
NTB-5
ITEM
NO. ITEM UNIT OF MEASURE
ESTIMATED
QUANTITY
3 EROSION, SEDIMENTATION, AND POLLUTION CONTROL LS 1
4 REMOVE EXISTING TRAFFIC STRIPING AND PAVEMENT
MARKINGS LS 1
5 REMOVE EXISTING AC PAVEMENT (WEDGE GRIND) LF 4,040
6 REPAIR EXISTING AC PAVEMENT SF 76,100
7 RAISE EXISTING UTILITIES COVERS TO FINISH GRADE LS 1
8 1.5” TYPE A HMA OVERLAY WITH PAVEMENT FABRIC SF 76,100 9 REPLACE TRAFFIC STRIPING AND PAVEMENT MARKINGS LS 1
ADDITIVE ALTERNATIVE #2
ITEM
NO. ITEM UNIT OF MEASURE
ESTIMATED
QUANTITY
1 MOBILIZATION LS 1
2 TEMPORARY TRAFFIC CONTROL LS 1
3 EROSION, SEDIMENTATION, AND POLLUTION CONTROL LS 1
4 REMOVE EXISTING TRAFFIC STRIPING AND PAVEMENT
MARKINGS LS 1
5 REMOVE EXISTING AC PAVEMENT (WEDGE GRIND) LF 4,500
6 REPAIR EXISTING AC PAVEMENT SF 79,000
7 RAISE EXISTING UTILITIES COVERS TO FINISH GRADE LS 1
8 1.5” TYPE A HMA OVERLAY WITH PAVEMENT FABRIC SF 79,000 9 REPLACE TRAFFIC STRIPING AND PAVEMENT MARKINGS LS 1
UNITS OF MEASURE
NTB-6
LS = LUMP SUM
LF = LINEAL FEET
SF = SQUARE FEET
SP-1
CITY OF ATWATER
PUBLIC WORKS DEPARTMENT
***********************************
SPECIAL PROVISIONS
OVERLAYING VARIOUS STREETS THROUGHOUT THE CITY
PROJECT
ORGANIZATION
This section includes proposed additions, amendments, removals, and revisions to the Standard Specifications that are 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. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
SP-2
DIVISION I GENERAL PROVISIONS
1 GENERAL
Add to section 1-1.07B:
Contract Documents: Notice to Bidders and Special Provisions, Bid Book, Caltrans Standard Specifications, Project Specifications, Caltrans Standard Plans, Project Plans, and Contract.
Office Engineer: City Engineer
Replace the following definitions in section 1-1.07B:
Department/Department of Transportation: City of Atwater Director: The Director of Public Works for the City of Atwater acting either directly or through properly authorized agent or consultants.
District Director of Transportation: The Director of Public Works for the City of Atwater acting either directly or through properly authorized agent or consultants.
Engineer: City Engineer
Specifications: Standard specifications, Special Provisions, and Project Specifications
1. Standard Specifications: Specifications standard to Department construction projects. These specifications are in a book titled Standard Specifications. (Also be referred to as “State Specifications”). The 2024 edition of the Standard Specifications shall apply to this contract.
2. Special Provisions: Proposed amendments, deletions, or additions to the Standard Specifications, included as part of the Bid Book.
3. Project Specifications: Specifications specific to this Project, included as part of the Bid Book.
State: City of Atwater
Replace “The Department" in the paragraph 1 of section 1-1.08 with:
Caltrans
Replace section 1-1.12 with:
Make checks and bonds payable to the City of Atwater.
SP-3
2 BIDDING
Replace section 2-1.06A with:
2-1.06A General
Locations for obtaining and viewing Contract documents are listed in the Notice to Bidders.
The City will receive sealed bids until 2:00 p.m. PDT on the bid open date at the City of Atwater, Council Chambers, 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 above location after the specified bid opening time.
The Notice to Bidders and Special Provisions includes the Notice to Bidders and Special Provisions, to be used together with the Standard Specifications and the Standard Plans.
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 (Public Contract Code § 7106). Signing the bid also constitutes signature of the Non-Collusion Affidavit.
Add to section 2-1.07:
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 Wednesday, March 11, 2026, 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, March 13, 2026 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:
Justin Vinson
City of Atwater
Public Works Department
470 Aviator Dr
Atwater, California 95301
Email: [email protected]
Replace section 2-1.08 with:
Section 2-1.08 BID ITEM DESCRIPTIONS
Work under this contract will be paid on a unit price or lump-sum basis as outlined on the Bid Form for the quantity of work constructed or installed.
The unit prices and lump sum prices shall include full compensation for furnishing the labor, materials, tools, equipment, and incidentals and doing all the work involved to complete the work included in the contract documents.
The bids for the work are intended to establish a total cost for the work in its entirety. Should the Contractor feel that the cost for the work has not been established by specific items in the Bid Form, include the cost for that work in some related bid item so that the Proposal for the project reflects the total cost for completing the work in its entirety.
SP-4
Bid Item 1 - Mobilization
This is a lump sum bid item for preparatory work and operations including, but not limited to, those necessary for the movement of personnel, equipment, tools, supplies, and incidentals to the project site; for the establishment of all Contractor’s offices, buildings, and other facilities necessary for work on the project; for obtaining permits, bonds, and insurance; and for all other work, operations, and overhead that must be performed and/or costs incurred prior to beginning work on the various contact items on the project site. This item also includes demobilization, including removal of all personnel, equipment, tools, supplies, and incidentals from the project at the end of construction, including final cleanup of the project work area.
Payment shall be Progress Payment per Section 9-1.16A and Section 9-1.16D. Payment for mobilization shall be made with the first pay estimate and shall not exceed 80% of the bid amount. Payment for demobilization shall be made with the last (final) pay estimate and shall not exceed 20% of the bid amount.
Bid Item 2 – Temporary Traffic Control
This is a lump sum bid item for all costs for preparing and furnishing temporary traffic control plans in accordance with latest edition of Part 6 “Temporary Traffic Control” of the California Manual of Uniform traffic Control Devices (CA MUTCD), and for furnishing and installing all materials, labor, and equipment necessary to provide traffic regulation in public streets and public alleys and traffic control/access to private properties during construction in accordance with Sections 7-1.03 and 7-1.04 and the special provisions and these Contract Documents. Payment for traffic control/regulation shall be made on a lump sum basis, and no additional payment will be made therefor. Payments shall be prorated over the term of the construction project.
Bid Item 3 – Erosion, Sedimentation, and Pollution Control This is a lump sum bid item for all costs for preparing and furnishing the project Water Pollution Control Program (WPCP) and for furnishing and installing all materials, labor, tools, equipment, and incidentals necessary for compliance with the provisions of the project WPCP in accordance with Section 13 and the special provisions. Payment for this item shall be made on a lump sum basis, and no additional payment will be made therefor. Payments shall be prorated over the term of the construction project. Initial payment shall include the cost for preparing and furnishing the project WPCP.
Bid Item 4 –Remove Existing Traffic Striping and Pavement Markings This is a lump sum bid item for all costs for removal and disposal of existing traffic striping, pavement markings, and pavement markers complete within the project work area. This item will include costs for preparation of a Lead Compliance Plan per Section 7-1.02K(6)(j)(ii) Lead Compliance Plan and for testing and disposal of hazardous waste due to lead and/or metals concentrations in existing traffic striping, pavement markings, and pavement markers. Removal of traffic striping and pavement markings shall be by grinding. Payment for this item shall be made on a lump sum basis and no additional payment shall be due therefor.
Bid Item 5 – Remove Existing AC Pavement (Wedge Grind)
This is a unit price bid item for cold planning a wedge grind per Section 39-3.04 at all perimeters of the project work area to provide for a smooth transition of the pavement overlay to meet and match the existing elevations of existing curbs, gutters, and pavements at the edges of the work. The wedge grind shall be one and one quarter inches (1.25”) deep adjoining existing gutters and one and one half inches (1.5”) deep at the outer perimeter of all other locations and shall taper over a width of 42 inches (42”) where parallel to travelled ways and over a width of ten feet (10’) where transverse to travelled ways to match existing pavement elevations of the roadways. This item includes the removal and disposal/recycling of existing asphalt pavement as shown in the plans and described in the specifications and scope of work per all applicable sections of the standard specifications and special provisions. This items shall be bid per the units and quantities shown and shall conform to all applicable portions of the plans, specifications, special provisions, and scope of work.
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Bid Item 6 – Repair Existing AC Pavement
This is a lump sum bid item to perform crack sealing for all existing AC pavements in the project work area to prepare the existing pavements to a suitable condition for installation of pavement fabric and HMA overlay (bidder shall provide an allowance for up to one hundred and fifty square feet [150 SF] of potholes to be filled). This item also includes replacement of traffic signal detector loops and lead-in cables for the northbound lanes on Shaffer Road near the intersection of Shaffer Road and Juniper Avenue (see marked as-built plan included with Bid Book). Sealing of any pavement cutting required for replacement of traffic signal detector loops and lead-in cables shall be included in the cost of this bid item. The work for this item shall be performed in accordance with all applicable sections of the standard specifications and the special provisions and in accordance with the pavement fabric manufacturer’s recommendations. Payment shall be on a lump sum basis and no additional payment shall be due therefor. If it is determined by the Engineer that additional pavement repair beyond crack sealing is required, then this will be accomplished by change order work.
Bid Item 7 – Raise Existing Utilities Covers to Finish Grade This is a lump sum bid item for adjusting the various existing manhole, valve, and other utility covers at all locations within the Project work area, including the locations shown on the plans and at all other locations necessary due to pavement work. The Contractor shall salvage the existing covers and reconstruct to final pavement grade as per the respective utility agency’s requirements. Manhole covers and water valve covers shall be raised in accordance with the City of Atwater Standard Plans.
The bid price for adjusting utility covers shall include full compensation for removing and salvaging existing covers and furnishing all labor, equipment, materials, and incidentals to replace them to permanent finish grade, all as shown on the plans and as specified herein.
Bid Item 8 – 1.5” Type A HMA Overlay with Pavement Fabric This is a unit price bid item for all costs for surface preparation after crack sealing, installation of pavement fabric including any required application of tack coat binder and sealant, and construction of the 1.5” Type A HMA overlay including placement and compaction for a complete paved roadway overlay. The work for this item shall be performed in accordance with all applicable sections of the standard specifications and the special provisions and in accordance with the pavement fabric manufacturer’s recommendations and Caltrans requirements for pavement fabric installation for pavement overlay. Payment shall be based on the unit price for the measured area constructed and no additional payment shall be due therefor.
Bid Item 9 – Replace Traffic Striping and Pavement Markings This is a lump sum bid item for all costs of furnishing and installing all materials, labor, equipment, and incidentals necessary to install traffic striping, pavement markings, and raised pavement markers in accordance with the Plans, specifications, special provisions, and scope of work to current Caltrans details.
All crosswalks shall be the Continental (high visibility) type with 2’-0” wide bars and 2’-0” space between bars. Payment will be made on a lump sum basis, and no additional payment will be made therefor.
Remove section 2-1.18 in its entirety.
Remove section 2-1.27 in its entirety.
Replace paragraph 3 of section 2-1.33A 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.
Add to the end of section 2-1.33A:
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Submit Bids in a sealed envelope addressed to the City of Atwater, Public Works Department, located at 750 Bellevue Road, Atwater, CA 95301. Each sealed Bid must be plainly marked on the outside as “BID FOR OVERLAYING VARIOUS STREETS THROUGHOUT THE CITY, Project No. 26-04, to be opened at 2:00 p.m., Thursday, March 19, 2026”.If submitting by mail, the sealed envelope containing the Bid must be enclosed in another envelope addressed to the City of Atwater, Public Works Department, located at 750 Bellevue Road, Atwater, CA 95301.
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.
Remove lines 7, 8, and 9 from the table titled “Bid Form Submittal Schedule for a Non-Federal-Aid Contract without a DVBE Goal” in section 2-1.33B(3)(c)(ii) Bid Form Submittal Schedule for a Non-Federal-Aid Contract without a DVBE Goal.
Replace line 6 of the table titled “Bid Form Submittal Schedule for a Non-FederalAid Contract without a DVBE Goal” in section 2-1.33B(3)(c)(ii) Bid Form Submittal Schedule for a Non-Federal-Aid Contract without a DVBE Goal with:
Local Business Preference Program Certification Time of Bid Replace paragraph 2 of section 2-1.34 with:
Submit cashier’s check, certified check, or bidder's bond with your Bid.
Add Section 2-1.35:
2-1.35 BID PROTEST
2-1.35A General
Any unsuccessful bidder may submit a bid protest. Bid Protests must be submitted under section 2-1.35B.
Bid protests not submitted under section 2-1.35B will not be considered. 2-1.35B 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 Public Works Department
470 Aviator Dr
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 forms 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.
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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:
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:
The City may make such investigations as necessary to determine a Bidder’s ability to perform the Work, and the Bidder must furnish to the City all requested information and data for this purpose. The City reserves the right to reject any Bid if it determines a Bidder is unqualified to carry out the obligations of the Agreement and to complete the Work.
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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 responsible bidder submitting the lowest responsive bid.
Replace section 3-1.02B with:
The Department breaks a tied bid with a coin toss except:
1. If a local business bidder requesting preference and a non–local business bidder have tied bids after applying the local business preference bid adjustment, the City awards the contract to the local business bidder.
Replace section 3-1.04 with:
3-1.04 CONTRACT AWARD
If the City awards the contract, the award is made lowest responsible bidder within 30 days after bid opening but not before the close of the 10 days bid protest period.
If the lowest responsible bidder refuses or fails to execute the contract, the award is made to the second lowest responsible bidder.
If the second lowest responsible bidder refuses or fails to execute the contract, the award is made to the third lowest responsible bidder.
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
Replace Section 3-1.08 with:
Section 2-1.27 Local Business Preference Program
Program Description
In evaluating competitive bids to determine the lowest responsible bidder, if a non-local responsible bidder is initially determined to be the lowest responsible bidder, then any local responsible bidder shall be granted a preference in an amount equal to five percent (5%) of their responsive bid. If after deduction of the five percent (5%) preference from a local bidder's responsive bid, it is equal to or less than the lowest responsive bid submitted by the non-local responsible bidder, then the purchase award shall be awarded to the local responsible bidder. In the event that a non-local responsible bidder and a local responsible bidder have the same bid and it is the lowest bid, then the five percent (5%) preference need not be applied and the local business shall be selected to receive the purchase award. Under no circumstances shall the local business preference granted in a single bid exceed $5,000.00. The local business preference will not apply when bids are cooperatively solicited together with other public agencies. The local business preference may not apply and may be dispensed with when prohibited by State or Federal Statutes, or regulations requiring that a bid be awarded to the lowest responsible bidder, or as otherwise exempted from local preferences.
Good Faith Effort
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All contractors who submit bids or proposals to construct or provide work on any City of Atwater Public Works Project, or for any other Public Works construction or improvement on City property, and who are seeking a local business preference, must make a good-faith effort to hire qualified individuals who are residents of the City of Atwater or Merced County in sufficient numbers so that no less than 50 percent (50%) of the contractor's total construction work force, including subcontractor work force, measured in labor work hours, is comprised of Atwater residents. This same requirement applies to all subcontractors.
Evidence of direct bid solicitations from at least three Local Businesses qualified to perform the work or supply the materials or equipment must be submitted for subcontracted work in excess of one half of one percent (½ of 1% or 0.5%) of the trade package amount. If no Local Businesses are qualified to perform the work or supply the materials or equipment, justification and evidence of reasonable attempts to locate qualified Local Businesses must be submitted, which may include, but is not limited to: 1) advertisements inviting bids or recruitment of local, qualified individuals in local newspapers, or 2) mail request for bids to local contractors, or 3) bid solicitations by phone, facsimile, or e-mail, or 4) advertisement or contact of recruitment sources to hire local, qualified individuals., or 5) identify local, qualified individuals that are part of the contractor’s or subcontractor’s construction workforce, or 6) develop a written plan to recruit local residents as part of the construction workforce
Quality and Fitness
The preferences established in this program shall in no way be construed to inhibit, limit or restrict the right and obligation of the City of Atwater to compare quality and fitness for use of supplies, materials, equipment, and services proposed for purchase and to compare the qualifications, character, responsibility, and fitness of all persons, firms, or corporations submitting bids.
Local Business Eligibility
For the purposes of this program, a qualified local bidder is defined as any individual, partnership, or corporation which regularly maintains a place of business within the incorporated city limits of the City of Atwater and has a valid business license issued by the City of Atwater when the bid is provided. A nonlocal bidder shall be all others which may do business with the City of Atwater.
Enforcement
The information furnished by each bidder establishing a good faith effort to solicit Local Businesses shall be under penalty of perjury. No person or business shall willfully and knowingly make a false statement with the intent to defraud, whether by affidavit, report, or other representation for the purpose of influencing the status of any entity as a Local Business.
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 California 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.
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 sample Contract form is included in the Bid Book.
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5 CONTROL OF WORK
Replace the entirety of Section 5-1.09:
The City of Atwater encourages mutual cooperation between the City, the Contractor and all project stakeholders. Compliance with Caltrans professionally facilitated project partnering is not required for 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 section 5-1.20E with:
5-1.20E Water Meter Charges
The City can provide construction water. The Fiscal Year 2025-26 costs for construction water supplied from fire hydrants, per City Council Resolution 3537-25, are as follows:
1. Meter Deposit: $559.00 (refundable);
2. Meter Installation: $47.00;
3. Water Usage: $5.00 per 1,000 gallons.
These fees will be waived for this project, but contractor will still need to obtain a hydrant meter.
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
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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.
C. 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.
3. If specified or agreed to by the Engineer, electronic submittals may be made in Adobe PDF electronic file format. File resolution must be at least 300 dpi. Each email attachment must not exceed 25 MB in size and the total size of any email message must not exceed 50 MB. Size limits are subject to change based on the policies of the City’s use of technology policies and limits. If separate emails are needed to accommodate large files indicate the total number of emails included in the submittal. After submitting electronic files, send a notification of the electronic submittal to the Engineer, including the names of the submitted files. Upon completion of review, the City will return one (1) or more electronic copy, depending on the number of reviewers required.
D. 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.
E. 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
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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 5-1.24 CONSTRUCTION SURVEYS with:
The City of Atwater will furnish construction staking to execute the work. The Contractor shall make timely requests to the City for such staking on a form to be provided by the City. 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 for any expense resulting from their loss or disturbance.
Such costs may be deducted from amount due Contractor. Do not proceed with the work that requires construction staking until construction stakes have been provided.
Replace the entirety of Section 5-1.25 with:
Section 5-1.25 SURVEY MONUMENT PRESERVATION
The City shall be responsible to perpetuate and/or reset survey monuments that may be damaged or disturbed during construction in compliance with all applicable requirements of Section 8771 (a-f) of the California Business and Professions Code. However, Contractor shall be responsible to carefully preserve survey monuments that have been exposed or located, and shall be responsible to bear all expenses for replacement due to unnecessary loss. Contractor shall also be responsible to adjust monument well covers to grade within the area of improvements.
All costs for compliance with this section shall be included in the unit costs for the various items of work, with no additional compensation provided therefor.
Add before paragraph 1 of section 5-1.36(C)1:
Notify Underground Service Alert (USA North) at least 48 hours prior to beginning any work involving cutting, planning, trenching or digging. Contractor shall notify USA North at 811 or 800-642-2444 with the specifics of the intended work on the job site. Contractor shall follow and comply with all USA policies and procedures. Contractor shall obtain a USA ticket number and wait for utilities to mark the location of underground utilities within the Project area, or for USA to advise Contractor of the absence of underground utilities in the Project area. Contractor shall provide Engineer with USA ticket number and provide him/her the opportunity to review all utility markings prior to beginning any work. 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
Replace paragraph 2 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: https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. 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).
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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, if applicable to this project, are included in and/or attached by reference to the book issued for bidding purposes entitled "Bid Book”.
Replace paragraph 5 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 paragraph 1 of section 7-1.02K(6)(j)(ii) with:
Section 7-1.02K(6)(j)(ii) applies to this project and is included in Bid Item 4.
Add to the end of section 7-1.04:
Do not reduce an open traffic lane width to less than 10 feet, unless otherwise shown on approved temporary traffic control plans.
Add before paragraph 1 of section 7-1.05A:
You must defend, indemnify, and hold harmless the City, its elected and appointed councils, boards, commissions, officers, employees, agents, volunteers, representatives, and design professionals from and against any and all claims, lawsuits, actions, liabilities, 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 happen to the work or any part thereof; and
2. for any loss or damage to any of the materials, equipment, tools, or other things used or employed in performing the work; and
3. for injury to or death of any person, either workers or the public; and
4. for damage to property from any cause which might have been prevented by the Contractor, or his/her workers, or anyone employed or subcontracted by him/her.
For purposes of your obligation to defend, indemnify, and save harmless, the term State will have the following meaning: The City of Atwater including its elected and appointed councils, boards, commissions, officers, employees, agents, volunteers, representatives, and design professionals.
Change the “Umbrella or excess liability” limits in the table titled “Liability Limits” in paragraph 1 of section 7-1.06D(2) to:
$2,000,000.
Replace section 7-1.06G with:
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 officers, directors, agents, 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:
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Any failure to comply with reporting provisions of the policies will not affect coverage provided to the City of Atwater, its officers, directors, agents, and employees. 8 PROSECUTION AND PROGRESS
Remove paragraphs 1 and 2 in section 8-1.04B
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" in paragraphs 3, 4 and 5 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 withholds five percent (5%) of all progress payments as retention. Retention will be paid to you with Final Payment.
You have the right to substitute securities for retention under Public Contract Code § 22300. No substitution will be accepted until:
1. the City approves the securities and their value; and
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; and
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 substitute securities for any portion 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
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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.
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DIVISION II GENERAL CONSTRUCTION
12 TEMPORARY TRAFFIC CONTROL
Add the following to section 12-1.01:
Not later than 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 are to be included in the various bid items with no additional payment due 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, Good Friday, and the Friday after Thanksgiving.
Personal vehicles of contractor’s employees must not be parked on the traveled way or shoulders, including sections closed to traffic.
13 WATER POLLUTION CONTROL
Replace Section 13-1.01A Summary in its entirety with:
13-1.01A Summary
This project is anticipated to result in a total land disturbance area less than one (1) acre and is therefore not subject to the State of California’s National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (CAS000002, Order No. 2022-0057-DWQ). Preparation of a SWPPP and processing of Permit Registration Documents with the State’s Water Board are not required for this project.
Contractor will be required to prepare and implement a Water Pollution Control Program (WPCP) as a submittal prior to construction. The WPCP shall include, at a minimum:
1. Drawing(s) showing location and type of BMP’s proposed for the project;
2. Details or fact sheets of proposed BMP’s;
3. Emergency contact information for contractor and subcontractors; and
4. Inspection procedures indicating frequency of required inspections.
Contractor is required to continuously exercise good housekeeping and job site management to prevent sediment transport and stormwater pollution.
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Costs for preparation and implementing the WPCP are included in the bid item for “Erosion, Sedimentation, and Pollution Control”, and no additional payment will be provided therefor. The bid item includes installation and implementation of Best Management Practices (BMPs) required to prevent sedimentation and pollution discharge to storm drains including, but not limited to, inlet protection devices, street sweeping, washout management, and/or other means necessary to prevent polluted discharge to storm drains.
Remove sections 13-1.01C and 13-1.01D in their entirety.
Remove section 13-2 WATER POLLUTION CONTROL PROGRAM in its entirety.
Remove Section 13-3 STORMWATER POLLUTION PREVENTION PLAN in its entirety.
14 ENVIRONMENTAL STEWARDSHIP
Replace paragraph 2 of section 14-8.02 with:
Do not operate construction equipment or run the equipment engines from 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; or
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 nonworking 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:
Fugitive dust control at the Project site is the sole responsibility of the Contractor. Dust control shall conform to all requirements set forth in the San Joaquin Valley Air Pollution Control District (SJVAPCD) Construction Notification Form, Regulation VIII, and Fugitive PM10 Prohibitions, as applicable, as well as the provisions in Section 14-9, “Air Quality” of the Caltrans Specifications and these Special Provisions.
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 dust, including compliance with Visible Dust Emissions (VDE) limits, maintaining Soil Stabilization at all times, management and cleanup of Carryout and Trackout, and management of Unpaved Access and Haul Roads, Storage Piles and Bulk Materials, and all Demolition Activities. When ordered to provide dust control, the Contractor shall use water to reduce the dusty conditions all to the satisfaction of the Engineer. Street sweeping or roadway cleaning activities shall be completed with PM10-efficient street sweepers. 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 and debris, and shall leave the site in a neat, clean condition all to the satisfaction of the Engineer.
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
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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. 15 EXISTING FACILITIES
Add to the end of paragraph 1 of section 15-1.01:
This section also includes general specifications for removal and/or demolition of items called for in the plans, specifications, and scope of work.
Replace section 15-1.03c with:
Where existing items are called for in the plans, specifications, or scope of work to be salvaged or remanded to the owner, make reasonable efforts to contact private owners to determine particulars of delivery of salvaged materials. Deliver and store salvaged materials to owners in a neat, organized manner, or dispose of if specifically directed to do so by owners.
All items designated to be returned to the City shall be delivered to the Public Works Department Corporation Yard at 470 Aviator Drive, Atwater, CA 95301. Coordinate with the City’s Project Manager at least two (2) working days prior to any delivery.
Replace section 15-1.04 with:
Bid items for removal of existing features include all costs for removal and off-haul of said items or remanding them to owner if called for on the plans. Payment will be based on measured quantities and units indicated in the bid item list, with no additional payment made therefor. Costs for removal or demolition of items required to perform the work that are not specifically included in removal bid items are to be included in the other various items of work, with no additional payment made therefor.
SP-19
DIVISION III EARTHWORK AND LANDSCAPING
17 GENERAL
Replace paragraph 4 of section 17-2.03A with:
Clear and grub the entire job site as required where pavements, pavement overlays, curbs, gutters, sidewalks, and retaining curbs are to be constructed, and within the slope lines of any excavations and embankment slopes.
Replace section 17-2.04 with:
Costs for compliance with this section, as well as all other required surface preparation and demolition work not specifically included in other bid items, is to be included in the various bid items of work, with no additional payment provided therefor.
SP-20
DIVISION IV SUBBASES AND BASES
23 GENERAL
Replace section 23-1.01D(1)(b) with:
You and the Engineer must work together to avoid potential conflicts and to resolve disputes regarding test result discrepancies. Notify the Engineer within 5 business days of receiving the test result if you dispute the test result.
If you or the Engineer dispute each other's test results, submit your test results and copies of paperwork including worksheets used to determine the disputed test results. An independent third party performs referee testing. Before the independent third party participates in a dispute resolution, it must be qualified under AASHTO resource program and Caltrans' Independent Assurance Program. The independent third party must have no prior direct involvement with this Contract. By mutual agreement, the independent third party is chosen from:
1. Caltrans laboratory in a district or region not in the district or region the project is located
2. METS
3. Laboratory not currently employed by you or your material producer If split acceptance samples are not available, the independent third party uses any available material representing the disputed material for evaluation.
If the independent third party determines the City's test results are valid, the Engineer deducts the independent third-party testing costs from payments. If the independent third party determines your test results are valid, the City pays the independent third-party testing costs.
SP-21
DIVISION V SURFACINGS AND PAVEMENTS
37 SEAL COATS
Replace paragraph 1 of section 37-6.03 with:
Treat cracks from 1/4 to 1 inch in width for the entire length of the crack. Fill or repair cracks wider than 1 inch with Hot Mix Ashphalt.
Replace 37-6.04 with:
The payment quantity for crack treatment is the area of existing pavement, measured in square feet to be treated, and is included in Bid Item 6.
39 ASPHALT CONCRETE
Replace numbered line 1 in paragraph 2 of section 39-2.01C(3)(g) with:
1. Repair cracks 1/4 inch and wider, spalls, and holes in the pavement. This work is included in the bid item “Repair Existing Pavement” and no additional payment will be made therefor.
Remove paragraphs 3 and 4 and replace the first sentence in paragraph 4 of section 39-2.01C(4)(a) with:
You must 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 paragraphs 1 and 2 of section 39-2.01(D) with:
Payment for geosynthetic pavement interlayer, tack coat, asphalt binder, and asphaltic emulsion is included in the payment for HMA bid items.
Replace paragraph 5 of section 39-2.01(D) with:
The payment quantity for HMA of the type and thickness shown on the bid item list is the area of installed HMA measured in square feet paved to the thickness indicated. Payment includes costs for materials, placement, and compaction with no additional payment made therefor.
Add to section 39-2.02A(1):
Use one-half-inch (1/2”) maximum aggregate gradation unless otherwise specified or noted in the plans.
Use PG64-10 asphalt binder.
Replace section 39-2.02B(3) with:
The grade of asphalt binder for Type A HMA must be PG 64-10.
SP-22
Replace section 39-2.06D with:
Bid item cost for HMA Overlay includes costs for placement and compaction of HMA in areas where asphalt pavement replacement or installation is called for in the plans, specifications, or scope of work. The payment quantity for HMA is the area of installed HMA, measured in square feet, paved 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, specifications, scope of work, and bid documents without prior authorization from the Engineer.
Replace section 39-3.01D with:
Bid item cost for “Remove Existing AC Pavement” includes all costs associated with cutting and removal of existing asphalt pavement as shown in the plans, including compliance with section 39-3.
Replace section 39-3.04D with:
Bid item cost for “Remove Existing AC Pavement (Wedge Grind)” includes all costs associated with cold planing asphalt concrete pavement as shown or described in the plans, specifications, and scope of work.
The payment quantity is lineal feet of actual length cold planed in a wedge grind to the width and depth described in the bid item and shown on the plans.
SP-23
DIVISION VIII MISCELLANEOUS CONSTRUCTION
77 LOCAL INFRASTRUCTURE
Replace Section 77-1 with:
77-1 UTILITY RELOCATION
77-1.01 GENERAL
This project will include adjustments to finish grade of existing utility structure rims, frames, and covers.
Existing “dry” utility structures including electrical, gas, cable television, and telephone structures will be adjusted to grade by the respective utility companies. The Contractor will prepare applications for adjustment to grade of these structures with the utility companies. Contractor is required to coordinate work as necessary to allow for the adjustment to grade prior to placement of HMA. The City of Atwater will pay fees due the utility companies necessary for the adjustments of their facilities to finish grade.
No additional compensation, including Time Related Overhead, will be paid as a result of delays by the utility companies in adjusting existing structures to grade. Additional working days may be granted in the event of delays caused by the utility companies. Any incidental costs associated with adjusting the existing dry utility structures to grade are to be included in the various bid items of work, and no additional payment will be provided therefor.
Contractor will be responsible for adjustment of existing “wet” utility structures as indicated on the plans, including storm drain manholes, sanitary sewer manholes, and water valve covers. Wet utility structure rims will be adjusted to grade in accordance with City standard details. Costs for adjustment of the existing sanitary sewer manhole is to be included in the bid item for “Raise Existing Utilities Covers to Finish Grade”.
SP-24
DIVISION IX TRAFFIC CONTROL DEVICES
84 MARKINGS
Replace section 84-1.02 with:
Materials for the bid item “Replace Traffic Striping and Pavement Markings” shall be retroreflective thermoplastic per section 84-2.02C with glass beads per section 84-2.02B and shall consist of replacement traffic stripes and pavement markings per details of the current Caltrans Standard Plans and California MUTCD to match function of existing markings, with no additional payment made therefor.
Replace section 84-2.04 with:
Payment shall be lump sum for the bid item “Replace Traffic Striping and Pavement Markings” and shall include all costs for replacement traffic stripes and pavement markings per details of the current Caltrans Standard Plans and California MUTCD to match function of existing markings, with no additional payment made therefor.
SP-25
DIVISION XI MATERIALS
96 GEOSYNTHETICS
Add to paragraph 1 of section 96-1.02J:
Paving fabric shall be PETROMAT® 4598 or approved equal.
______________________________
Chris Hoem
City Manager
_____________________________
Date
PUBLIC WORKS DEPARTMENT
BID BOOK
For the Construction of
OVERLAYING VARIOUS STREETS THROUGHOUT THE CITY
PROJECT
In
The City of Atwater
For use in conjunction with the STANDARD SPECIFICATIONS, 2024 Edition, and the STANDARD PLANS, 2024 Edition, 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.: 736-26 CITY PROJECT NO.: 26-04
BID OPENING: Thursday, March 19, 2026 @ 2:00 P.M. PDT
BID BOOK 2 OF 2
TABLE OF CONTENTS
BID ITEM CHECKLIST BF-1
BIDDER INFORMATION BF-2
BID ITEM LIST BF-4
LIST OF SUBCONTRACTORS BF-5
AFFIRMATIVE ACTION PROGRAM CERTIFICATION BF-6
NONDISCRIMINATION OF INDIVIDUALS WITH DISABILITIES BF-7 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION BF-8
PUBLIC CONTRACT CODE (STATEMENTS & QUESTIONNAIRE) BF-9
NONCOLLUSION AFFIDAVIT BF-10
CITY OF ATWATER LOCAL BUSINESS PREFERENCE PROGRAM QUESTIONNAIRE BF-11 DEBARMENT & SUSPENSION CERTIFICATE BF-12
BIDDER'S BOND BF-13
BID EXECUTION --PART 1 BF-14
BID EXECUTION –PART 2 BF-15
SAMPLE CONSTRUCTION CONTRACT BF-16
SAMPLE FAITHFUL PERFORMANCE BOND BF-24
SAMPLE LABORERS AND MATERIALMENS BOND BF-25
ATTACHMENTS
ATTACHMENT 1: PREVAILING WAGE RATES
ATTACHMENT 2: PLANS
BF-1
BID ITEM CHECKLIST
The bidder shall provide a complete bid in a sealed envelope before 2:00 pm PDT on the bid opening date. Failure to provide all the required documents may cause the bid to be considered non-responsive.
PROJECT 26-04: OVERLAYING VARIOUS STREETS THROUGHOUT THE CITY OVERLAY
PROJECT
Item Page # Complete?
Bidder Information BF-2 Yes
Bid Item List BF-4-5 Yes
List of Subcontractors BF-6 Yes
Equal Employment Opportunity Certification BF-9 Yes
Public Contract Code Section 10285.1 Statement & Public Contract Code Section 10162 Questionnaire BF-10 Yes
Response to Debarment & Suspension Certificate (if
applicable) BF-12 Yes N/A
Disclosure of Lobbying Activities (if applicable) BF-14 Yes N/A
Bidders Bond & Security BF-15 Yes
Bid Execution Parts 1 & 2 BF-16-17 Yes
Because some colored inks will not reproduce in copy machines, please use black ink to complete this proposal.
BF-2
BIDDER INFORMATION
TO
CITY OF ATWATER
Project No.: 26-04
Bid Call No.: 736-26
FOR THE CONSTRUCTION OF: OVERLAYING VARIOUS STREETS THROUGHOUT
THE CITY PROJECT
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, 2023 Edition, the Standard Specifications, 2023 Edition, 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
BF-3
unit price or item total, whichever most closely approximates percentagewise the unit price or item total in the Department's Final Estimate of cost.
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:
BF-4
CITY OF ATWATER
BID ITEM LIST
OVERLAYING VARIOUS STREETS THROUGHOUT THE CITY PROJECT
PROJECT NO. 26-04
BID CALL NO. 736-26
BASE BID
ITEM
NO. ITEM UNIT OF MEASURE
ESTIMATED
QUANTITY
UNIT
PRICE
TOTAL
ITEM PRICE
1 MOBILIZATION LS 1
2 TEMPORARY TRAFFIC
CONTROL LS 1
3 EROSION, SEDIMENTATION,
AND POLLUTION CONTROL LS 1
4 REMOVE EXISTING TRAFFIC
STRIPING AND PAVEMENT
MARKINGS
LS 1
5 REMOVE EXISTING AC
PAVEMENT (WEDGE GRIND) LF 11,960
6 REPAIR EXISTING AC
PAVEMENT SF 300,150
7 RAISE EXISTING UTILITIES
COVERS TO FINISH GRADE LS 1
8 1.5” TYPE A HMA OVERLAY
WITH PAVEMENT FABRIC SF 300,150
9 REPLACE TRAFFIC STRIPING
AND PAVEMENT MARKINGS LS 1
TOTAL BID:
ADDITIVE ALTERNATIVE #1
ITEM
NO.
ITEM
UNIT OF
MEASURE
ESTIMATED
QUANTITY
1 MOBILIZATION LS 1
2 TEMPORARY TRAFFIC CONTROL LS 1
BF-5
ITEM
NO.
ITEM
UNIT OF
MEASURE
ESTIMATED
QUANTITY
3 EROSION, SEDIMENTATION, AND POLLUTION CONTROL LS 1
4 REMOVE EXISTING TRAFFIC STRIPING AND PAVEMENT
MARKINGS
LS 1
5 REMOVE EXISTING AC PAVEMENT (WEDGE GRIND) LF 4,040
6 REPAIR EXISTING AC PAVEMENT SF 76,100
7 RAISE EXISTING UTILITIES COVERS TO FINISH GRADE LS 1
8 1.5” TYPE A HMA OVERLAY WITH PAVEMENT FABRIC SF 76,100 9 REPLACE TRAFFIC STRIPING AND PAVEMENT MARKINGS LS 1
TOTAL ADDITIVE ALTERNATIVE #1:
ADDITIVE ALTERNATIVE #2
ITEM
NO.
ITEM
UNIT OF
MEASURE
ESTIMATED
QUANTITY
1 MOBILIZATION LS 1
2 TEMPORARY TRAFFIC CONTROL LS 1
3 EROSION, SEDIMENTATION, AND POLLUTION CONTROL LS 1
4 REMOVE EXISTING TRAFFIC STRIPING AND PAVEMENT
MARKINGS
LS 1
5 REMOVE EXISTING AC PAVEMENT (WEDGE GRIND) LF 4,500
6 REPAIR EXISTING AC PAVEMENT SF 79,000
7 RAISE EXISTING UTILITIES COVERS TO FINISH GRADE LS 1
8 1.5” TYPE A HMA OVERLAY WITH PAVEMENT FABRIC SF 79,000 9 REPLACE TRAFFIC STRIPING AND PAVEMENT MARKINGS LS 1
TOTAL ADDITIVE ALTERNATIVE #2:
BF-6
UNITS OF MEASURE
LS = LUMP SUM
LF = LINEAL FEET
SF = SQUARE FEET
The bidder will list the name, address, the California contractor license number, and the portion of work of each subcontractor on the next page.
BF-7
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 _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________
BF-8
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.
BF-9
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.
BF-10
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.
BF-11
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.
BF-12
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.
BF-13
CITY OF ATWATER LOCAL BUSINESS PREFERENCE PROGRAM
QUESTIONNAIRE
City of Atwater Code of Ordinances 03.04.270
The City of Atwater’s Local Business Preference Program offers a preference of a five percent (5%) reduction to a local bidder’s bid price, subject to conditions and requirements described in the City Code of Ordinances Section 03.04.270. Refer also to the Special Provisions for additional information.
Non-completion and/or non-submittal of this form will disqualify bidder from receiving the Local Business Preference.
The bidder intends to qualify for the City of Atwater Local Business Preference NO Program: YES
If “yes”, provide information requested below and attach Good Faith Effort documentation as described in the Special Provisions:
Business Name
Business Street Address
Business City, State, Zip
City Business License No.
Note: The above questionnaire is part of the Bid. Signing this Bid on the signature portion thereof shall also constitute certification of this questionnaire Bidders are cautioned that providing false information may subject them to criminal prosecution.
Attach Good Faith Effort
Documentation to this form.
BF-14
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.
BF-15
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 OVERLAYING VARIOUS STREETS THROUGHOUT THE CITY
PROJECT
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. 2026.
_________________________________(Seal)
_________________________________(Seal)
_________________________________(Seal)
PRINCIPAL
_________________________________(Seal)
_________________________________(Seal)
_________________________________(Seal)
SURETY
ADDRESS________________________________
NOTE: Signatures of those executing for the surety must be properly acknowledged.
BF-16
BID EXECUTION --PART 1
OVERLAYING VARIOUS STREETS THROUGHOUT THE CITY PROJECT
PROJECT NO. 26-04
BID CALL NO. 736-26
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
OVERLAYING VARIOUS STREETS THROUGHOUT THE CITY PROJECT
PROJECT NO. 26-04
BID CALL NO. 736-26
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 ______________, 2026. 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. 26-04;
C. Special Provisions for PROJECT NO. 26-04;
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
Any and all obligations of the City and the Contractor are fully set forth and described therein.
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”.
2. 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. 26-04, entitled, “PROJECT NO. 26-04 – OVERLAYING VARIOUS STREETS THROUGHOUT THE CITY 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.
3. 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 9 $__________
Name of Bidder or Firm: ___________________________________________
4. 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 and necessary to complete the work.
5. 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 Agreement 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: Chris Hoem,
City Manager
City of Atwater
750 Bellevue Road
Atwater, California 95301
If to Contractor:
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If to Surety:
6. Assignment of Contract. The Contractor shall not voluntarily 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 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 procure and maintain for the duration of the contract the required insurance against claims for injuries to persons or damage to property, which may arise from or in connection with the performance of the work of the Contractor, its agents, employees, representatives, and subcontractors. The cost of such insurance shall be included in the contractor’s bid.
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 $1,000,000 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 $2,000,000.
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.
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4. An Automobile Liability Special Endorsement at least as broad as Exhibit 1 (attached) 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. Minimum Limits of Insurance.
Contractor shall maintain limits no less than:
1. General Liability: $1,000,000
(Including operations,
products and completed
operations.)
per occurrence for bodily injury,
personal injury and property
damage If Commercial General
Liability insurance or other form
with a general aggregate limit
shall apply separately to this
project/locations or the general
aggregate limit shall be twice
the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
C. 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 self-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.
D. 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, 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
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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 Ripon.
E. 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.”
F. 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 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.
G. Subcontractors.
Contractor shall include all subcontractors as insured’s 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.
H. For Construction Risks.
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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. Hold Harmless. The Contractor will indemnify, defend with counsel selected by the City, save, keep, and hold harmless, the City and all officers, employees, and agents thereof from all damages, costs, or expenses, in law or in equity, that may at any time arise or be set up because of personal injury or damage to property sustained by any person or persons by reason of, or in the course of the performance of said work, or by reason of any infringement or alleged infringement of the patent rights of any person or persons, firm or corporation, in consequence of the use in, on, or about said work, of any article or material supplied or installed under this Contract. 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.
Acceptance by City of insurance certificates and endorsements required under this Agreement 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 Agreement, 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 Agreement 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.
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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 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.
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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:_______________________________________
Kory J. Billings, City Clerk Chris Hoem, 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. 26-04 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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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. 26-04; 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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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. 26-04; 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
ATTACHMENT 1:
PREVAILING WAGE RATES
FEDERAL MINIMUM WAGES MAY BE VIEWED AT THE FOLLOWING LINK:
https://sam.gov/content/wage-determinations
GENERAL PREVAILING WAGE RATE (CALIFORNIA) MAY BE VIEWED AT THE FOLLOWING LINK:
https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm
ATTACHMENT 2:
PLANS
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
February 23, 2026
TO: Mayor and City Council
FROM: Christopher Hoem, City Manager
PREPARED
BY:
Christopher Hoem, City Manager
SUBJECT: Approving an Amendment to the Salary Schedule to Equalize Department Head Salary Ranges (City Manager Hoem)
RECOMMENDED COUNCIL ACTION
Motion to adopt Resolution No. 3597-26 approving an amendment to the City’s Salary Schedule to establish consistent salary ranges for all Department Head classifications; or
Motion to approve staff's recommendation as presented.
I. BACKGROUND/ANALYSIS:
The City’s current Salary Schedule reflects ranges that were established at different times and under previous organizational conditions. As a result, certain Department Head classifications have salary ranges that are not aligned with one another. Despite differences in the number of direct reports or staffing levels assigned to each department, all Department Head positions carry comparable executive-level responsibility, organizational impact, and accountability.
This misalignment can create internal equity concerns, recruitment challenges, and retention risks. Equalizing Department Head salary ranges is intended to ensure consistency, improve competitiveness with peer agencies, and support organizational stability.
Currently, the salary ranges for the Public Works, Human Resources, and Finance Director classifications are lower than the range established for the Community Development Director classification. The attached resolution and its exhibit provide the specific salary ranges and proposed adjustments. The Police Chief classification is not included in the proposed changes, as that position is typically placed in a separate, higher compensation category consistent with common practice among comparable agencies.
II. FISCAL IMPACTS:
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Brian Raymond
John Cale Kalisa Rochester
Agenda Report - Approving an Amendment to the Salary Schedule to Equalize Department Head Salary Ranges (City Manager Hoem) Page 2
This action does not result in a fiscal impact to the City, as sufficient budget capacity exists within current appropriations to accommodate any adjustments. This item has been reviewed by the Finance Director.
III. LEGAL REVIEW:
This item has been reviewed by the City Attorney.
IV. EXISTING POLICY:
Amendments to the Salary Schedule are adopted by the Council as necessary. The proposed action is consistent with this process and does not affect existing personnel policies or administrative practices.
V. ALTERNATIVES:
The alternative would be to maintain the existing Salary Schedule with no changes.
Staff would continue administering the current structure, including the existing disparities among Department Head ranges.
VI. INTERDEPARTMENTAL COORDINATION:
This item was reviewed by relevant departments.
VII. PUBLIC PARTICIPATION:
The public is invited to participate and provide public comment at the City Council meeting prior to any Council action on this item.
VIII. ENVIRONMENTAL REVIEW:
This item is exempt under the provisions of the California Environmental Quality Control Act.
IX. STEPS FOLLOWING APPROVAL:
Upon approval, staff will implement Council direction.
Chris Hoem, City Manager
Attachments:
1. Resolution No. XXXX-26 Amending Salary Schedule 2.23.26
CITY COUNCIL
OF THE
CITY OF ATWATER
RESOLUTION NO. XXXX-26
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATWATER APPROVING AN
AMENDMENT TO THE CITY’S SALARY
SCHEDULE TO ESTABLISH CONSISTENT
SALARY RANGES FOR ALL DEPARTMENT
HEAD CLASSIFICATIONS
WHEREAS, the City Council of the City of Atwater adopts and amends the City’s salary schedule as necessary to support organizational needs and effective personnel administration; and
WHEREAS, the City’s current salary schedule reflects salary ranges that were established at different times and under prior organizational conditions and as a result, certain Department Head classifications have salary ranges that are not aligned with one another; and
WHEREAS, misalignment among Department Head salary ranges may create internal equity concerns, recruitment challenges, and retention risks; and WHEREAS, establishing consistent salary ranges for all Department Head classifications is intended to ensure equity, improve competitiveness with peer agencies, and support organizational stability; and
WHEREAS, this action does not result in a fiscal impact to the City, as sufficient budget capacity exists within current appropriations to accommodate any necessary adjustments.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby adopt City of Atwater Salary Schedule C-26, effective February 26, 2026, “Exhibit A” attached hereto and made a part herein and directs the City Manager to update the salaries accordingly.
Resolution No. XXXX-26 Page 2
The foregoing resolution is hereby adopted this 23rd day of February 2026.
AYES:
NOES:
ABSENT:
APPROVED:
_______________________________
MIKE NELSON, MAYOR
ATTEST:
_____________________________
KORY J. BILLINGS, CITY CLERK
Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Account Clerk I MU 115 3051.01 3203.56 3363.73 3531.92 3708.52 3893.94 1408.16 1478.56 1552.49 1630.12 1711.62 1797.20
36612.08 38442.68 40364.81 42383.06 44502.21 46727.32
17.6020 18.4821 19.4062 20.3765 21.3953 22.4651
Account Clerk II MU 135 3417.90 3588.79 3768.23 3956.64 4154.48 4362.20 1577.49 1656.37 1739.18 1826.14 1917.45 2013.32
41014.77 43065.51 45218.79 47479.72 49853.71 52346.40
19.7186 20.7046 21.7398 22.8268 23.9681 25.1665
Accountant I MU 255 4481.51 4705.58 4940.86 5187.90 5447.30 5719.66 2068.39 2171.81 2280.40 2394.42 2514.14 2639.84
53778.07 56466.97 59290.32 62254.84 65367.58 68635.96
25.8548 27.1476 28.5050 29.9302 31.4267 32.9981
Accountant II MU 270 5001.59 5251.67 5514.25 5789.96 6079.46 6383.44 2308.43 2423.85 2545.04 2672.29 2805.91 2946.20
60019.07 63020.02 66171.02 69479.57 72953.55 76601.23
28.8553 30.2981 31.8130 33.4036 35.0738 36.8275
Accounting Technician MU 235 3977.60 4176.49 4385.31 4604.57 4834.80 5076.54 1835.82 1927.61 2023.99 2125.19 2231.45 2343.02
47731.26 50117.82 52623.71 55254.90 58017.64 60918.52
22.9477 24.0951 25.2999 26.5649 27.8931 29.2878
Administrative Assistant I MU 140a 3028.46 3179.88 3338.88 3505.82 3681.11 3865.17 1397.75 1467.64 1541.02 1618.07 1698.97 1783.92
36341.51 38158.59 40066.52 42069.84 44173.33 46382.00
17.4719 18.3455 19.2627 20.2259 21.2372 22.2990
Administrative Assistant II MU 155a 3460.16 3633.17 3814.83 4005.57 4205.85 4416.14 1597.00 1676.85 1760.69 1848.73 1941.16 2038.22
41521.96 43598.06 45777.96 48066.86 50470.20 52993.71
19.9625 20.9606 22.0086 23.1091 24.2645 25.4777
Assistant City Clerk/Records Coordinator MM 101 4948.38 5195.80 5455.59 5728.37 6014.79 6315.53 2283.87 2398.06 2517.97 2643.86 2776.06 2914.86
59380.59 62349.62 65467.10 68740.45 72177.48 75786.35
28.5484 29.9758 31.4746 33.0483 34.7007 36.43575
Assistant Planner MU 257 4578.67 4807.61 5047.99 5300.39 5565.41 5843.68 2113.23 2218.90 2329.84 2446.33 2568.65 2697.08
54944.07 57691.28 60575.84 63604.63 66784.86 70124.11
26.4154 27.7362 29.1230 30.5792 32.1081 33.7135
Associate Planner MU 275 4933.57 5180.25 5439.26 5711.23 5996.79 6296.63 2277.03 2390.89 2510.43 2635.95 2767.75 2906.14
59202.87 62163.02 65271.17 68534.73 71961.46 75559.54
28.4629 29.8861 31.3804 32.9494 34.5969 36.3267
Building Maintenance Worker I MU 130 2995.29 3145.06 3302.31 3467.43 3640.80 3822.84 1382.44 1451.57 1524.14 1600.35 1680.37 1764.39
35943.52 37740.70 39627.73 41609.12 43689.58 45874.06
17.2805 18.1446 19.0518 20.0044 21.0046 22.0548
Building Maintenance Worker II MU 150a 3199.54 3359.52 3527.49 3703.87 3889.06 4083.51 1476.71 1550.55 1628.07 1709.48 1794.95 1884.70
38394.47 40314.19 42329.90 44446.40 46668.72 49002.15
18.4589 19.3818 20.3509 21.3685 22.4369 23.5587
Building Permit Technician I MU 185 3597.62 3777.50 3966.38 4164.69 4372.93 4591.58 1660.44 1743.46 1830.64 1922.17 2018.28 2119.19
43171.44 45330.01 47596.51 49976.34 52475.16 55098.91
20.7555 21.7933 22.8829 24.0271 25.2284 26.4899
Building Permit Technician II MU 187 3966.38 4164.70 4372.94 4591.58 4821.16 5062.22 1830.64 1922.17 2018.28 2119.19 2225.15 2336.41
47596.60 49976.43 52475.25 55099.01 57853.96 60746.66
22.8830 24.0271 25.2285 26.4899 27.8144 29.2051
Chief Building Official/Fire Code Official MM 308a 8239.35 8651.32 9083.88 9538.08 10014.98 10515.73 3802.78 3992.91 4192.56 4402.19 4622.30 4853.41
98872.18 103815.78 109006.57 114456.90 120179.75 126188.74
47.5347 49.9114 52.4070 55.0274 57.7787 60.6677
City Engineer MM 117 8528.42 8954.84 9402.58 9872.71 10366.34 10884.66 3936.19 4133.00 4339.65 4556.63 4784.47 5023.69
102340.99 107458.04 112830.94 118472.49 124396.12 130615.92
49.2024 51.6625 54.2456 56.9579 59.8058 62.7961
SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE C-26 EFFECTIVE FEBRUARY 26, 2026
1 EXHIBIT A
Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE C-26 EFFECTIVE FEBRUARY 26, 2026
City Manager EM 340 13673.71 14357.40 15075.27 15829.03 16620.48 17451.51 6310.94 6626.49 6957.82 7305.71 7670.99 8054.54
164084.54 172288.77 180903.21 189948.37 199445.79 209418.08
78.8868 82.8311 86.9727 91.3213 95.8874 100.6818
Civil Engineering Assistant MU 277 5034.76 5286.50 5550.83 5828.37 6119.79 6425.78 2323.74 2439.92 2561.92 2690.02 2824.52 2965.74
60417.18 63438.04 66609.94 69940.44 73437.46 77109.33
29.0467 30.4991 32.0240 33.6252 35.3065 37.0718
Code Enforcement Manager MM 299 5998.65 6298.58 6613.51 6944.18 7291.39 7655.96 2768.61 2907.04 3052.39 3205.01 3365.26 3533.52
71983.77 75582.95 79362.10 83330.21 87496.72 91871.55
34.6076 36.3380 38.1549 40.0626 42.0657 44.1690
Code Enforcement Officer MU 175 3853.63 4046.31 4248.62 4461.05 4684.11 4918.31 1778.60 1867.53 1960.90 2058.95 2161.90 2269.99
46243.52 48555.69 50983.48 53532.65 56209.28 59019.75
22.2325 23.3441 24.5113 25.7369 27.0237 28.3749
Community Development Director DD 337 10766.51 11304.83 11870.07 12463.58 13086.76 13741.09 4969.16 5217.61 5478.50 5752.42 6040.04 6342.04
129198.08 135657.98 142440.88 149562.92 157041.07 164893.12
62.1145 65.2202 68.4812 71.9053 75.5005 79.2755
Community Services Officer PU 160 3768.23 3956.64 4154.47 4362.19 4580.30 4809.32 1739.18 1826.14 1917.45 2013.32 2113.99 2219.69
45218.72 47479.66 49853.64 52346.32 54963.64 57711.82
21.7398 22.8268 23.9681 25.1665 26.4248 27.7461
Executive Assistant MU 183 3953.19 4150.84 4358.39 4576.31 4805.12 5045.38 1824.55 1915.77 2011.56 2112.14 2217.75 2328.64
47438.23 49810.14 52300.65 54915.68 57661.46 60544.53
22.8068 23.9472 25.1445 26.4018 27.7219 29.1079
Finance Director DD 335 9791.30 10280.86 10794.91 11334.65 11901.38 12496.45 4519.06 4745.01 4982.26 5231.38 5492.95 5767.59
117495.58 123370.36 129538.88 136015.82 142816.61 149957.44
56.4883 59.3127 62.2783 65.3922 68.6618 72.0949
10766.51 11304.83 11870.07 12463.58 13086.76 13741.09
4969.16 5217.61 5478.50 5752.42 6040.04 6342.04
129198.08 135657.98 142440.88 149562.92 157041.07 164893.12
62.1145 65.2202 68.4812 71.9053 75.5005 79.2755
Finance Operations Manager MM 307 6285.83 6600.12 6930.13 7276.64 7640.47 8022.49 2901.15 3046.21 3198.52 3358.45 3526.37 3702.69
75429.99 79201.49 83161.57 87319.65 91685.63 96269.91
36.2644 38.0776 39.9815 41.9806 44.0796 46.28361
Human Resources Analyst CL 286 5293.14 5557.80 5835.69 6127.47 6433.85 6755.54 2442.99 2565.14 2693.40 2828.06 2969.47 3117.94
63517.71 66693.59 70028.27 73529.69 77206.17 81066.48
30.5374 32.0642 33.6674 35.3508 37.1184 38.9743
Human Resources Assistant CL 155c 3460.16 3633.17 3814.83 4005.57 4205.85 4416.14 1597.00 1676.85 1760.69 1848.73 1941.16 2038.22
41521.96 43598.06 45777.96 48066.86 50470.20 52993.71
19.9625 20.9606 22.0086 23.1091 24.2645 25.4777
Human Resources Director DD 335b 9284.85 9749.09 10236.55 10748.37 11285.79 11850.08 4285.32 4499.58 4724.56 4960.79 5208.83 5469.27
111418.20 116989.10 122838.56 128980.49 135429.51 142200.99
53.5664 56.2448 59.0570 62.0099 65.1103 68.3659
10766.51 11304.83 11870.07 12463.58 13086.76 13741.09
4969.16 5217.61 5478.50 5752.42 6040.04 6342.04
129198.08 135657.98 142440.88 149562.92 157041.07 164893.12
62.1145 65.2202 68.4812 71.9053 75.5005 79.2755
Human Resources Technician I CL 236 4219.85 4430.84 4652.39 4885.01 5129.26 5385.72 1947.62 2045.01 2147.26 2254.62 2367.35 2485.72
50638.22 53170.14 55828.64 58620.07 61551.08 64628.63
24.3453 25.5626 26.8407 28.1827 29.5919 31.0715
Human Resources Technician II CL 237 4479.69 4703.67 4938.85 5185.80 5445.09 5717.34 2067.55 2170.92 2279.47 2393.44 2513.12 2638.77
53756.23 56444.04 59266.24 62229.55 65341.03 68608.08
25.8443 27.1366 28.4934 29.9181 31.4140 32.9847
2
Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE C-26 EFFECTIVE FEBRUARY 26, 2026
Mechanic I MU 180a 3519.34 3695.31 3880.07 4074.08 4277.78 4491.67 1624.31 1705.53 1790.80 1880.34 1974.36 2073.08
42232.07 44343.67 46560.86 48888.90 51333.35 53900.01
20.3039 21.3191 22.3850 23.5043 24.6795 25.9135
Mechanic II MU 205a 3950.36 4147.87 4355.27 4573.03 4801.68 5041.77 1823.24 1914.40 2010.12 2110.63 2216.16 2326.97
47404.28 49774.50 52263.22 54876.38 57620.20 60501.21
22.7905 23.9300 25.1265 26.3829 27.7020 29.0871
Parks Maintenance Worker I MU 165b 3362.42 3530.55 3707.07 3892.43 4087.05 4291.40 1551.89 1629.48 1710.96 1796.50 1886.33 1980.65
40349.09 42366.54 44484.87 46709.11 49044.57 51496.80
19.3986 20.3685 21.3870 22.4563 23.5791 24.7581
Parks Maintenance Worker II MU 190 3686.68 3871.01 4064.56 4267.79 4481.18 4705.24 1701.54 1786.62 1875.95 1969.75 2068.24 2171.65
44240.10 46452.11 48774.71 51213.45 53774.12 56462.83
21.2693 22.3327 23.4494 24.6219 25.8529 27.1456
Planning Technician MU 225c 3763.58 3951.76 4149.35 4356.82 4574.66 4803.39 1737.04 1823.89 1915.08 2010.84 2111.38 2216.95
45163.00 47421.15 49792.21 52281.82 54895.91 57640.70
21.7130 22.7986 23.9386 25.1355 26.3923 27.7119
Police Chief DD 338 12562.53 13190.66 13850.19 14542.70 15269.84 16033.33 5798.09 6088.00 6392.40 6712.02 7047.62 7400.00
150750.41 158287.93 166202.33 174512.45 183238.07 192399.97
72.4762 76.1000 79.9050 83.9002 88.0952 92.5000
Police Clerk I PU 140b 3088.72 3243.16 3405.32 3575.58 3754.36 3942.08 1425.56 1496.84 1571.68 1650.27 1732.78 1819.42
37064.68 38917.91 40863.81 42907.00 45052.35 47304.97
17.8196 18.7105 19.6461 20.6284 21.6598 22.7428
Police Clerk II PU 155b 3396.17 3565.98 3744.28 3931.49 4128.07 4334.47 1567.46 1645.84 1728.13 1814.54 1905.26 2000.53
40754.06 42791.76 44931.35 47177.92 49536.81 52013.65
19.5933 20.5730 21.6016 22.6817 23.8158 25.0066
Police Corporal PU 244 6698.93 7033.88 7385.57 7754.85 8142.59 8549.72 3091.81 3246.41 3408.73 3579.16 3758.12 3946.03
80387.18 84406.54 88626.87 93058.21 97711.12 102596.67
38.6477 40.5801 42.6091 44.7395 46.9765 49.3253
Police Officer PU 230 5907.90 6203.30 6513.46 6839.13 7181.09 7540.15 2726.72 2863.06 3006.21 3156.52 3314.35 3480.07
70894.81 74439.56 78161.53 82069.61 86173.09 90481.74
34.0840 35.7882 37.5777 39.4565 41.4294 43.5008
Police Officer Recruit PU 116 4278.31 4492.22 4716.84 4952.68 5200.31 5460.33 1974.60 2073.33 2177.00 2285.85 2400.14 2520.15
51339.70 53906.69 56602.02 59432.12 62403.73 65523.91
24.6825 25.9167 27.2125 28.5731 30.0018 31.5019
Police Lieutenant MM 315 9295.29 9760.06 10248.06 10760.46 11298.48 11863.41 4290.13 4504.64 4729.87 4966.37 5214.69 5475.42
111543.49 117120.67 122976.70 129125.54 135581.81 142360.90
53.6267 56.3080 59.1234 62.0796 65.1836 68.4427
Police Sergeant PU 295 7771.86 8160.45 8568.47 8996.90 9446.74 9919.08 3587.01 3766.36 3954.68 4152.41 4360.04 4578.04
93262.31 97925.43 102821.70 107962.78 113360.92 119028.97
44.8377 47.0795 49.4335 51.9052 54.5004 57.2255
Project Accountant/Successor Agency Assistant MU 240b 4370.84 4589.38 4818.85 5059.79 5312.78 5578.42 2017.31 2118.18 2224.08 2335.29 2452.05 2574.66
52450.07 55072.57 57826.20 60717.51 63753.39 66941.06
25.2164 26.4772 27.8011 29.1911 30.6507 32.1832
Public Safety Communications Supervisor PU 228 5077.71 5331.60 5598.18 5878.09 6171.99 6480.59 2343.56 2460.74 2583.77 2712.96 2848.61 2991.04
60932.56 63979.18 67178.14 70537.05 74063.90 77767.10
29.2945 30.7592 32.2972 33.9120 35.6076 37.3880
Public Safety Dispatcher PU 170 4132.93 4339.57 4556.55 4784.38 5023.60 5274.78 1907.51 2002.88 2103.02 2208.18 2318.58 2434.51
49595.13 52074.89 54678.63 57412.57 60283.19 63297.35
23.8438 25.0360 26.2878 27.6022 28.9823 30.4314
3
Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE C-26 EFFECTIVE FEBRUARY 26, 2026
Public Safety Records Supervisor PU 227 5077.71 5331.60 5598.18 5878.09 6171.99 6480.59 2343.56 2460.74 2583.77 2712.96 2848.61 2991.04
60932.56 63979.18 67178.14 70537.05 74063.90 77767.10
29.2945 30.7592 32.2972 33.9120 35.6076 37.3880
Public Works Director DD 325 10755.85 11293.64 11858.32 12451.24 13073.80 13727.49 4964.24 5212.45 5473.07 5746.72 6034.06 6335.76
129070.16 135523.66 142299.85 149414.84 156885.58 164729.86
62.0530 65.1556 68.4134 71.8341 75.4258 79.1970
10766.51 11304.83 11870.07 12463.58 13086.76 13741.09
4969.16 5217.61 5478.50 5752.42 6040.04 6342.04
129198.08 135657.98 142440.88 149562.92 157041.07 164893.12
62.1145 65.2202 68.4812 71.9053 75.5005 79.2755
Public Works Superintendent MM 308b 7291.45 7656.02 8038.82 8440.77 8862.80 9305.94 3365.28 3533.55 3710.23 3895.74 4090.52 4295.05
87497.40 91872.28 96465.89 101289.18 106353.64 111671.32
42.0661 44.1694 46.3778 48.6967 51.1316 53.6881
Recreation Coordinator MU 186 3863.72 4056.91 4259.76 4472.74 4696.38 4931.20 1783.26 1872.42 1966.04 2064.34 2167.56 2275.94
46364.70 48682.93 51117.08 53672.93 56356.58 59174.41
22.2907 23.4053 24.5755 25.8043 27.0945 28.4492
Recreation Leader MU 118 2929.33 3075.79 3229.58 3391.06 3560.61 3738.65 1352.00 1419.60 1490.58 1565.11 1643.36 1725.53
35151.92 36909.51 38754.99 40692.74 42727.37 44863.74
16.9000 17.7450 18.6322 19.5638 20.5420 21.5691
Recreation Supervisor MM 301a 5303.52 5568.70 5847.13 6139.49 6446.46 6768.79 2447.78 2570.17 2698.68 2833.61 2975.29 3124.06
63642.26 66824.37 70165.59 73673.87 77357.56 81225.44
30.5972 32.1271 33.7335 35.4201 37.1911 39.0507
Senior Planner MM 303 6135.92 6442.71 6764.85 7103.09 7458.25 7831.16 2831.96 2973.56 3122.24 3278.35 3442.27 3614.38
73631.00 77312.55 81178.18 85237.09 89498.94 93973.89
35.3995 37.1695 39.0280 40.9794 43.0283 45.1798
Sewer Division Supervisor MM 260c 5705.66 5990.94 6290.49 6605.01 6935.26 7282.03 2633.38 2765.05 2903.30 3048.47 3200.89 3360.94
68467.90 71891.30 75485.86 79260.15 83223.16 87384.32
32.9173 34.5631 36.2913 38.1058 40.0111 42.0117
Sewer Maintenance Worker I MU 180b 3519.34 3695.31 3880.07 4074.08 4277.78 4491.67 1624.31 1705.53 1790.80 1880.34 1974.36 2073.08
42232.07 44343.67 46560.86 48888.90 51333.35 53900.01
20.3039 21.3191 22.3850 23.5043 24.6795 25.9135
Sewer Maintenance Worker II MU 205b 3872.91 4066.55 4269.88 4483.38 4707.54 4942.92 1787.50 1876.87 1970.71 2069.25 2172.71 2281.35
46474.90 48798.64 51238.57 53800.50 56490.53 59315.05
22.3437 23.4609 24.6339 25.8656 27.1589 28.5169
Streets and Parks Division Supervisor MM 260d 5705.66 5990.94 6290.49 6605.01 6935.26 7282.03 2633.38 2765.05 2903.30 3048.47 3200.89 3360.94
68467.90 71891.30 75485.86 79260.15 83223.16 87384.32
32.9173 34.5631 36.2913 38.1058 40.0111 42.0117
Streets Maintenance Worker I MU 165e 3362.42 3530.55 3707.07 3892.43 4087.05 4291.40 1551.89 1629.48 1710.96 1796.50 1886.33 1980.65
40349.09 42366.54 44484.87 46709.11 49044.57 51496.80
19.3986 20.3685 21.3870 22.4563 23.5791 24.7581
Streets Maintenance Worker II MU 190c 3686.68 3871.01 4064.56 4267.79 4481.18 4705.24 1701.54 1786.62 1875.95 1969.75 2068.24 2171.65
44240.10 46452.11 48774.71 51213.45 53774.12 56462.83
21.2693 22.3327 23.4494 24.6219 25.8529 27.1456
Systems Technician MU 232 4657.15 4890.01 5134.51 5391.23 5660.80 5943.84 2149.45 2256.93 2369.77 2488.26 2612.68 2743.31
55885.81 58680.11 61614.11 64694.82 67929.56 71326.03
26.8682 28.2116 29.6222 31.1033 32.6584 34.2914
Water Division Supervisor MM 260e 5705.66 5990.94 6290.49 6605.01 6935.26 7282.03 2633.38 2765.05 2903.30 3048.47 3200.89 3360.94
68467.90 71891.30 75485.86 79260.15 83223.16 87384.32
32.9173 34.5631 36.2913 38.1058 40.0111 42.0117
4
Class Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
SALARY SCHEDULE BY MONTHLY/BI-WEEKLY/ANNUAL/HOURLY RATES PER STEP SCHEDULE C-26 EFFECTIVE FEBRUARY 26, 2026
Water Systems Operator I MU 180c 3519.34 3695.31 3880.07 4074.08 4277.78 4491.67 1624.31 1705.53 1790.80 1880.34 1974.36 2073.08
42232.07 44343.67 46560.86 48888.90 51333.35 53900.01
20.3039 21.3191 22.3850 23.5043 24.6795 25.9135
Water Systems Operator II MU 205c 3872.91 4066.55 4269.88 4483.38 4707.54 4942.92 1787.50 1876.87 1970.71 2069.25 2172.71 2281.35
46474.90 48798.64 51238.57 53800.50 56490.53 59315.05
22.3437 23.4609 24.6339 25.8656 27.1589 28.5169
Water Systems Pump Operator MU 229 4830.16 5071.66 5325.25 5591.51 5871.08 6164.64 2229.30 2340.77 2457.81 2580.70 2709.73 2845.22
57961.86 60859.96 63902.95 67098.10 70453.01 73975.66
27.87 29.26 30.72 32.26 33.87 35.57
Seasonal/Temporary Employees: HOURLY RATES
Finance Analyst - Special Projects TL 063 65.00
Reserve Police Officer TL 053 22.00
Reserve Firefighter TL 051 16.90
Reserve Firefighter (OES Specl Assig) TL 099
CLASS Key: Note: Any temporary or seasonal employee appointed to a classification on this EM - Executive Management schedule is not guaranteed the hourly rate listed. The City Manager, at his/her DD - Department Director sole discretion, may appoint at a lower hourly rate so long as the hour rate is MM - Mid Management equal to the mandatory minimum wage rate.
CL - Confidential/Unrepresented
PU - Police Unit
MU - Miscellaneous Unit
SE - Seasonal Employee Adopted by City Council Resolution No. XXXX-26 TL - Temporary/Limited Service Dated February 23, 2026
Minimum hourly rate as defined by CAL OES, at www.caloes.ca.gov. 5