91 07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) Apply 3 – coats on all striping.
All pavement markings shall be thermoplastic.
Traffic control plan preparation and implementation if different from the traffic control plans included in the improvement plans or if the roadway opens prior to the application of striping and pavement markings.
Complete in place, as shown on the plans and as specified herein.
12. ROCK SLOPE PROTECTION
Rock Slope Protection shall conform to the provisions in Section 72-4, "Small-Rock Slope Protection," of the Caltrans Standard Specifications as inserted in this section.
Rock Gradation for 7-inch-Thick Layer shall apply.
72-4 SMALL-ROCK SLOPE PROTECTION
72-4.01 GENERAL
Section 72-4 includes specifications for constructing small-rock slope protection. 72-4.02 MATERIALS
Rock must be cobble, gravel, crushed gravel, crushed rock, or any combination of these.
Comply with the gradation requirements shown in the following table:
Rock Gradation for 7-inch-Thick Layer
Sieve size Percentage passing
5 inch 100
4 inch 90–100
3 inch 25–40
2 inch 0–10
Granular material must contain at least 90 percent crushed particles when tested under California Test 205.
72-4.03 CONSTRUCTION
Local surface irregularities of the small-rock slope protection must not vary from the planned slope by more than 2 inches as measured at right angles to the slope.
Small rocks may be placed by dumping and may be spread by bulldozers or other suitable equipment. During spreading, do not crack the rock.
72-4.04 PAYMENT
The payment quantity for small-rock slope protection is the volume determined from the dimensions shown or ordered.
92 07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063)
13. RSP FABRIC
Rock Slope Protection Fabric shall be placed per Sections 72 and 96-1.02I of the Caltrans Standard Specifications as inserted in this section. RSP Fabric Class shall be 8. 72-1 GENERAL
72-1.01 GENERAL
Section 72-1 includes general specifications for constructing slope protection. 72-1.02 MATERIALS
Construct slope protection or slope paving using minor concrete. Unless otherwise specified, fabric must be Class 8 RSP fabric.
72-1.03 CONSTRUCTION
Earthwork must comply with section 19.
If placement of fabric is required, place the fabric before placing slope protection, slope paving, and gabions.
Before placing the fabric, the surface of the slope must be free of loose or extraneous material and sharp objects that may damage the fabric.
Handle and place the fabric under manufacturer's instructions. Place the fabric loosely on the slope such that it conforms to the surface without damage to the fabric when the cover material is placed.
Join the edges of the fabric with either overlapped joints or stitched seams.
If the fabric is joined with overlapped joints, the adjacent borders of the fabric must be overlapped by at least 24 inches. Overlap in the same direction that the cover material is placed.
If the fabric is joined by stitched seams, stitch with contrasting colored yarn. Use the size and composition of yarn that is recommended by the fabric manufacturer. Use 5 to 7 stitches per inch of seam. The strength of a stitched seam must be the same as that specified for the fabric, except if the stitched seams are oriented up and down a slope, the strength may be reduced to a value that it is at least 80 percent of that specified for the fabric.
Do not operate equipment or drive vehicles directly on the fabric.
If the fabric is damaged and the Engineer determines that it cannot be repaired, replace the fabric.
If the Engineer determines that the fabric can be repaired, then repair it by covering the damaged area with new fabric. If the repair is made using overlapped joints, the overlap must be at least 3 feet.
93 07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) 72-1.04 PAYMENT
The Owner does not pay for additional fabric used for overlaps.
Payment for rock slope protection fabric is not included in the payment for rock slope protection.
96-1.02I Rock Slope Protection Fabric
RSP fabric must be a permeable, nonwoven, needle-punched geotextile. The fabric must be manufactured from one of the following:
1. Polyester
2. Polypropylene
3. Combined polyester and polypropylene
Polymers must be either virgin compounds or clean reworked material. Do not subject virgin compounds to use or processing other than required for initial manufacture. Clean reworked material must be previously processed material from the processor's own production that has been reground, pelletized, or solvated. The fabric must not contain more than 20 percent of clean reworked material by weight. Do not use recycled materials from either post-consumer or post-industrial sources.
RSP fabric must comply with the requirements shown in the following table:
RSP Fabric
Quality Characteristic Test method Requirement
Class 8 Class 10
Mass,(min, oz/sq yd) ASTM 7.5 9.5
Grab breaking load, 1 inch grip in each direction, (min, lb)
ASTM
D4632
200 250
Apparent elongation in each direction, (min, percent) ASTM D4632
50 50
Permittivity, (min, sec-1) ASTM
D4491
1.0 0.70
Apparent opening size, (min and max, US Standard sieve
size) ASTM
D4751
70–
100
70–100
UV resistance, retained grab breaking load, 500 hours,
(min, percent) ASTM
D4355
70 70
14. MANHOLE/VALVE FRAMES AND COVERS
All manhole frames and covers, valve boxes and lids, and other similar existing utilities shall be raised to the grade of the finished pavement surface by the Contractor, in accordance with the utility owner’s requirements for each utility to be adjusted. Manhole frames and covers, and similar utility covers shall be lowered a minimum of 3 inches below the design pavement surface prior to the installation of A.C. pavement. Manhole frames and covers and other lids shall be raised after paving operations have occurred. 8-inch wide, 8-inch deep concrete collars shall be poured concentric with the outside of valve extension risers 3/8 inch below the finish pavement surface. A one (1) foot wide, one (1)
94 07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) foot deep concrete collar shall be poured concentric with the outside of all manhole frames and covers 3/8 inch below the surface of the pavement. Manhole frames and covers shall be raised with concrete grade rings 3/8 inch below the new street pavement surface elevation. The manhole frame and covers and valve extension risers and covers shall be raised 3/8 inch below the pavement grade after paving operations are complete.
Payment: If required by the governing utility owner, adjustment of the manhole frames and covers, valve boxes and lids, and other similar existing utilities in accordance with the governing utility agency’s requirements shall be considered inclusive of the unit price paid for asphalt pavement payment and no additional/separate compensation shall be provided to the Contractor unless a bid item for the item to be adjusted is included. The numbers and sizes of the utility frame and cover to be adjusted shall be verified by the Contractor and the governing utility owners.
15. STORMWATER INFRASTRUCTURE
A. PIPE INSTALLATION
This section covers furnishing all labor, supervision, materials, and equipment and performing all operations necessary to furnish and install the piping and fittings. All pipe and fittings, and accessories furnished by the Contractor shall be new material free from rust or corrosion. All piping and fittings shall be cleaned on the inside when installed and the Contractor shall take all necessary precautions to ensure that the lines are kept free of any foreign matter and dirt until the work is completed. All pipes shall be carefully placed and supported at the proper lines and grades as shown on the drawings. Piping runs shown on the drawings shall be followed as closely as possible except for minor adjustments to avoid other piping or structural features. If major relocations are required, they shall be approved by the Construction Manager/Resident Engineer. The bedding shall be defined as that material supporting, surrounding, and extending to one foot above the top of the pipe. If soft, spongy, unstable, or similar other material is encountered upon which the bedding material or pipe is to be placed, this unsuitable material shall be removed to a depth ordered by the City Engineer and replaced with bedding material suitably densified. Bedding material shall first be placed so that the pipe is supported for the full length of the barrel with full bearing on the bottom segment of the pipe.
Hunching of the pipe shall not be allowed. Pipe will be carefully inspected in the field before and after laying. If any cause for rejection is discovered in a pipe after it has been laid, it shall be subject to rejection. Any corrective work shall be approved by the Construction Manager/Resident Engineer.
Pipe shall be laid true to line and grade with uniform bearing under the full length of the barrel of the pipe. Suitable excavation shall be made to receive the bell or collar which shall not bear upon the subgrade or bedding. Any pipe which is not in true alignment or shows any undue settlement after laying shall be taken up and relaid at the Contractor's expense.
95 07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) Pipe shall be laid upgrade with the socket ends of the pipe upgrade unless otherwise authorized by the Construction Manager/Resident Engineer. Pipe sections shall be laid and joined in such a manner that the offset of the inside of the pipe at any joint will be held to a minimum at the invert. The maximum horizontal offset at the invert of the pipe shall be 1% of the inside diameter of the pipe or 0.02 feet, whichever is smaller. The vertical grade shall be +/- 0.02 feet of the design invert. In joining socket pipe, the spigot of each pipe shall be so seated in the socket of the adjacent pipe as to give a uniform annular space all around the pipe in the socket. Unavoidable offsets shall be distributed around the circumference of the pipe in such a manner that the minimum offset occurs at the invert. At the close of work each day, or whenever the work ceases for any reason, the end of the pipe shall be securely closed.
The width of the trench depends on the pipe diameter, backfill material, and the method of compaction. Trenches that are too narrow will not allow for proper pipe installation, whereas trenches that are overly wide are unnecessarily costly. As a practical matter, standard bucket sizes may also factor into the decision.
Minimum trench widths shall conform to the below table.
MINIMUM TRENCH WIDTHS
Pipe Diameter, in.
(mm)
Minimum Trench, in.
(m)
4-8 (100-200) *
10 (250) 24 (0.6)
12 (300) 28 (0.7)
15 (375) 35 (0.9)
18 (450) 43 (1.1)
24 (600) 56 (1.4)
30 (750) 60 (1.5)
36 (900) 65 (1.7)
42 (1050) 84 (2.1)
48 (1200) 91 (2.3)
54 (1350) 97 (2.5)
60 (1500) 103 (2.6)
*Usually dependent on the smallest bucket
size available
These minimum trench widths are necessary for suitable in situ soils. These widths generally allow for backfill material to flow on either side of the pipe and permit many types of compaction equipment. If the width is not sufficiently wide for the materials and methods proposed, a wider trench allowing for proper installation should be constructed.
B. SHORING AND SHEETING
96 07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) The Contractor shall do such trench bracing, sheathing, or shoring necessary to perform and protect the excavation as required for safety and conformance to governing laws.
The bracing, sheathing, or shoring shall not be removed in one operation but shall be done in successive stages to prevent overloading of the pipe during backfilling operations. All shoring and sheeting deemed necessary to protect the excavation and to safeguard employees, shall be installed.
C. OPEN TRENCH
Except where otherwise noted in the special provisions, or approved in writing by the Construction Manager/Resident Engineer, the maximum length of open trench, where the construction is in any stage of completion (excavation, pipe laying or backfilling), shall not exceed 1,320 feet in the aggregate area of a street at any one location.
Any excavated area shall be considered open trench until the trench backfill has been placed to subbase level, the level of the bottom of the class 2 base. With the approval of the Construction Manager/Resident Engineer, pipe laying may be carried on at more than one separate location, the restrictions on open trench applying to each location. Trenches across streets shall be completely backfilled as soon as possible after pipe laying.
Substantial steel plates with adequate trench bracing shall be used to bridge across trenches at street crossings where trench backfill and temporary patches have not been completed during regular work hours. Safe and convenient passage for pedestrians shall be provided. The Construction Manager/Resident Engineer may designate a passage to be provided at any point deemed necessary. Access to hospitals, fire stations, schools, post offices, public facilities and fire hydrants shall be maintained at all times.
D. PROTECTION OF EXISTING UTILITIES
1) UTILITIES: Unless otherwise illustrated on the plans or stated in the specifications, all utilities, both underground and overhead, shall be maintained in continuous service throughout the entire contract period. the Contractor shall be responsible and liable for any damages to or interruption of service caused by the construction.
If the Contractor desires to simplify his operation by temporarily or permanently relocating or shutting down any utility or appurtenance, the Contractor shall make the necessary arrangements and agreements with the Utility Purveyor and shall be completely responsible for all costs concerned with the relocation or shutdown and reconstruction. All property shall be reconstructed in its original or new location as soon as possible and to a condition at least as good as its previous condition. This period of relocation or shutdown and reconstruction shall be subject to inspection and approval by both the Construction Manager/Resident Engineer and the Utility Purveyor.
97 07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) The Contractor shall be entirely responsible for safeguarding and maintaining all conflicting utilities that are illustrated on the plans. This includes overhead wires and cables and their supporting poles whether they are inside or outside of the open trench. If, in the course of work, a conflicting utility line that was not illustrated on the plans is discovered, the Contractor shall either negotiate with the Utility Purveyor for relocation, relocate the utility or change the alignment and grade of the trench.
2) BUILDING, FOUNDATIONS AND STRUCTURES: where trenches are located adjacent to buildings, foundations, and structures, the Contractor shall take all necessary precautions against damage to them. The Contractor shall be liable for any damage caused by the construction. Except where authorized in the special provisions or in writing by the City Engineer, water settling of backfill material in trenches adjacent to structures will not be permitted. 3) ELECTRONIC, TELEPHONIC, TELEGRAPHIC, ELECTRICAL, OIL, AND GAS LINES: These underground facilities shall be adequately supported by the Contractor. Support for plastic pipe shall be continuous along the bottom of the pipe. Support for metal pipe and electrical conduit may be continuous or nylon webbing may be used for suspension at no greater than ten-foot (10’) intervals.
The Contractor shall avoid damaging the plastic pipe, pipe ways, or conduits during trench backfilling and during foundation and bedding placement.
E. COMPACTION METHODS
Backfill material shall be compacted with hand and/or mechanical work methods using equipment such as roller, pneumatic tamps, hydro-hammers, or other approved devices which secure uniform and required density without injury to the pipe or related structures.
Water consolidation by jetting or flooding is not acceptable as a soil consolidation method unless authorized in the technical specification or approved by the Construction Manager/Resident Engineer.
F. RIGHTS-OF-WAY BELONGING TO OTHERS
Where the permit of a governing agency sets forth requirements for compaction more stringent than those stated herein, the Contractor shall adhere to the more stringent requirements.
G. LEAK TESTING FOR STORMWATER MANHOLES/VAULTS
The Contractor shall leak test 100% of the stormwater manholes/vaults installed for this project.
98 07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) The Contractor shall test all manholes/vaults using the following test procedure:
The Contractor shall fill the manholes/vaults with water and allow the interior surfaces of the manholes/vaults to soak for four (4) hours. The leak test shall then commence.
Water tightness testing shall consist of filling the manholes/vaults with water to an established level. The Contractor shall ensure that the drop in water level does not exceed 0.001 of the total manhole/vault volume in one (1) hour.
H. ADDITIONAL TESTING
The Contractor shall perform deflection testing for 100% of stormwater lines to ensure that the installation meets or exceeds the manufacturer’s recommendations.
The Contractor shall perform deflection testing on the system as directed by the Construction Manager/Resident Engineer. The deflection testing shall be accomplished by mandreling the pipeline. Any part of the installation, which shows deflection in excess of 5% of the average inside diameter per ASTM D3034 for PVC pipe, shall be corrected.
After acceptance but prior to the termination of the warranty period, the City of El Centro may test the long-term deflection of the stormwater pipeline. If the City of El Centro determines that the deflection has exceeded 7 ½% of the average inside diameter, that portion of the installation shall be corrected by the Contractor at no cost to the City of El Centro.
The Contractor shall perform a watertight field performance test on 100 % of the stormwater pipeline installed. The watertight field performance test shall be accomplished after the deflection testing of the stormwater pipeline is accomplished.
Stormwater lines shall be subject to acceptance testing after backfilling has been completed but prior to the placement of the finished surface material, (Class 2 base, A.C.
Pavement, and P.C.C. Concrete).
The cost of repairs or corrections necessary to conform to the testing requirements will be borne by the Contractor at no cost to the City of El Centro.
A watertight field performance test shall be accomplished according to ASTM F1417 or ASTM C969 as determined by the Construction Manager/Resident Engineer. The costs to complete the watertight field performance test shall be borne by the Contractor I. CONCRETE
The portland concrete cement for the manhole bases, manhole grade rings, and all other concrete infrastructure shall be Type “V” and contain a minimum of 7 sacks of cement per cubic yard and attain 5,000 psi compressive strength after 28 days of curing. The concrete slump shall not exceed 4.5 inches. The City Engineer shall be provided with a
99 07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) copy of the concrete vendor’s delivery slip. One (1) slip shall be provided for each concrete delivery truck. One (1) set of concrete cylinders shall be obtained for every six (6) manhole bases constructed at a project site. It shall not be required to obtain and test concrete cylinders on projects with less than six (6) manhole bases. A set of cylinders shall be defined as three (3) cylinders. One (1) cylinder shall be tested 7 days after concrete placement. The second cylinder shall be tested 28 days after concrete placement. The third cylinder shall be held in reserve and tested at the direction of the City Engineer.
J. DUCTILE IRON FITTINGS
Fittings for the stormwater pipeline shall be composed of ductile iron. The ductile iron mechanical joint fittings shall conform to AWWA C153. The ductile iron-flanged fittings shall conform to AWWA C110. The fittings shall be cement mortar lined in accordance with ANSI/AWWA C104/A21.4, standard for cement mortar lining for ductile iron, and gray iron pipe fittings for water, latest revision. The pressure rating for 3 inch – 24-inch diameter sizes shall be 350 psi. The pressure rating for 30 inch – 48- inch diameter sizes shall be 250 psi.
K. EXCAVATIONS FOR STORMWATER PIPELINE
Shallow, temporary excavations, less than four feet deep, in native clay soils should stand nearly vertical for short duration. All temporary excavations over four feet in depth will require shoring or slope inclinations in conformance to CAL OSHA Standards for Type C soils. These temporary deep excavations will require slope inclinations no steeper than 1:1 vertical height to horizontal length unless trench shoring is used.
Stable excavation slopes assumes minimal equipment vibration and adequate setback of excavated material and construction equipment from the top of the excavation. It is recommended that the minimum setback distance be equal to the depth of excavation and at least 5 feet from the crown of the slope. If excavated materials are stockpiled adjacent to the excavation, the weight of the material should be considered as a surcharge load for slope stability.
All excavations shall be constructed in conformance to the CALOSHA requirements. The Contractor shall be solely responsible for the safety of his personnel.
16. CEMENT SLURRY BACKFILL
If cement slurry backfill is required, cement slurry must be a fluid workable mixture of aggregate, cement, and water. The aggregate must be one of the following:
1. Commercial-quality concrete sand
2. Excavated of imported material in any combination, free of organic material and other deleterious substances and complying with the gradation requirements shown in the following table:
100
07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) Sieve Size Percentage Passing
1-1/2” 100
1” 80-100
3/4” 60-100
3/8” 50-100
No. 4 40-80
No. 100 10-40
The cement must comply with Section 90-1.02B(2) of the Standard Specifications except testing is not required.
The water must be free from oils, salts, and other impurities that adversely affect the backfill.
Proportion cement slurry backfill by weight or volume. The backfill must contain at least 188 pounds of cement per cubic yard and enough water to produce a fluid workable mix that flows and can be pumped without segregation during placement.
END OF TECHNICAL SPECIFICATIONS
101
07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063)
BID DOCUMENTS
PROPOSAL BID FORM
TO THE DIRECTOR OF PUBLIC WORKS OF THE CITY OF EL CENTRO:
The undersigned hereby declares that he has carefully examined the location of the proposed work that he has examined the plans and specifications and read the accompanying instructions to bidders and hereby proposes to furnish all material except owner furnished materials, and do all work required to complete the said work in accordance with said plans and specifications and special provisions for the unit prices set forth in the following schedule. The bidder shall furnish prices for all items shown in the proposal.
PROJECT BID SCHEDULE
BID ITEMS
BASE BID
Item
No. Description Quantity Unit Unit Cost Total Cost
1 MOBILIZATION OF EQUIPMENT
AND MATERIAL, COMPLIANCE
WITH IID ENCROACHMENT PERMIT
REQUIREMENTS AND
CONTRACTOR'S NOTES,
COMPLIANCE WITH NEPA/CEQA
CATEGORICAL EXEMPTION AND
EXCLUSION DETERMINATIONS,
BURROWING OWL SURVEY,
MONITORING, AND TRAINING,
COMPLIANCE WITH CALTRANS
LAPM REQUIREMENTS, CITY
BUSINESS LICENSE, TAXES,
PERFORMANCE BOND, PAYMENT
BOND, INSURANCE,
CONSTRUCTION FIELD TRAILER,
POTABLE DRINKING WATER,
FREIGHT, UTILITY POT-HOLE,
PROJECT MEETINGS, PROJECT
SIGNS, AIR POLLUTION CONTROL
DISTRICT REQUIREMENTS AND
FEES, RESTROOM FACILITIES,
PERMITS, PERMIT FEES AND
SIMILAR EXPENSES AND OTHER
COSTS NOT SPECIFICALLY
1 LS $________ $___________
102
07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) Item
No. Description Quantity Unit Unit Cost Total Cost
ADDRESSED WITHIN THIS BID ITEM
LIST.
2 SAWCUT THE EXISTING A.C.
PAVEMENT FOR THE FULL DEPTH
OF THE A.C. PAVEMENT. SEE
DEMOLITION KEYNOTE NO. 1 ON
PLAN SHEET 3.
300 LF $________ $___________
3 COLD PLANE EXISTING A.C.
PAVEMENT FOR A THICKNESS OF
0.20' MIN. PER DETAIL A ON SHEET
22 AND PIPELINE TRENCH DETAIL I
ON PLAN SHEET 23. CONTRACTOR
TO DISPOSE OF GRINDINGS. SEE
DEMOLITION KEYNOTE NO. 2 ON
PLAN SHEET 3.
67 SYD $________ $___________
4 REMOVE AND DISPOSE OF
EXISTING A.C. PAVEMENT PER
DEMOLITION KEYNOTE NO. 3 ON
PLAN SHEET 3.
1 CYD $________ $___________
5 EARTHWORK CUT - REMOVE AND
DISPOSE OF EXISTING NATIVE
MATERIAL TO SUBBASE DESIGN
GRADE PER DEMOLITION KEYNOTE
NO. 4 ON PLAN SHEET 3.
20,700 CYD $________ $___________
6 EARTHWORK NATIVE FILL -
REMOVE AND DISPOSE OF
EXISTING NATIVE MATERIAL TO
SUBBASE DESIGN GRADE PER
DEMOLITION KEYNOTE NO. 4 ON
PLAN SHEET 3.
5,400 CYD $________ $___________
7 CLEAR AND GRUB ALL SURFACE
FREE OF CROPS, DEBRIS AND/OR
VEGETATION INCLUDING GRASS,
BRUSH AND WEEDS. SEE
DEMOLITION KEYNOTE NO. 5 ON
PLAN SHEET 3.
32,076 SYD $________ $___________
8 LOWER THE EXISTING WATER
VALVE FRAME AND COVER TO A
DEPTH 0.3 FEET BELOW GRADE
PRIOR TO PAVING ACTIVITIES PER
DEMOLITION KEYNOTE 6 ON SHEET
3. 1 EA $________ $___________
103
07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) Item
No. Description Quantity Unit Unit Cost Total Cost
9 REMOVE AND DISPOSE OF
EXISTING ABANDONED IID DAHLIA
LATERAL CANAL CONCRETE
LINING. PER DEMOLITION
KEYNOTE 7 ON SHEET 3.KEYNOTE
NO. 8 ON PLAN SHEETS 4 THROUGH
6. 1 LS $________ $___________
10 REMOVE AND DISPOSE OF
EXISTING 18-INCH RCP STORM
WATER DRAINAGE PIPELINE UP TO
THE RIGHT OF WAY LINE.
ABANDON THE REMAINDER OF THE
EXISTING PIPE AND HEADWALL.
INSTALL A P.C.C. CONCRETE PLUG
ON THE UPSTREAM END OF THE
PIPELINE. PER DEMOLITION
KEYNOTE 8 ON SHEET 3.
1 LS $________ $___________
11 REMOVE AND DISPOSE OF
EXISTING WOODEN HEADER
BOARDS. SEE DEMOLITION
KEYNOTE 9 ON SHEET 3.
1 LS $________ $___________
12 REMOVE AND DISPOSE OF THE
EXISTING CHAIN-LINK FENCE.
REMOVE AND DISPOSE OF
RELATED APPURTENANCES
INCLUDING, BUT NOT LIMITED TO,
POSTS AND P.C.C. FOOTINGS. SEE
DEMOLITION KEYNOTE 10 ON
SHEET 3.
1 LS $________ $___________
13 REMOVE AND DISPOSE OF
EXISTING P.C.C. SIDEWALK AND
CURB AND GUTTER INCLUDING
UNDERLYING MATERIAL TO
SUBBASE DESIGN GRADE. SEE
DEMOLITION KEYNOTE 11 ON
SHEET 3.
1 CYD $________ $___________
14 REMOVE AND DISPOSE OF THE
EXISTING CONCRETE K-RAIL AND
CONCRETE LEGO BLOCK
BARRICADE. CONTRACTOR SHALL
COORDINATE WITH THE CITY OF EL
CENTRO FOR THE DISPOSAL OF THE
CONCRETE BARRICADE. SEE
10 EA $________ $___________
104
07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) Item
No. Description Quantity Unit Unit Cost Total Cost
DEMOLITION KEYNOTE 12 ON PLAN
SHEET 3.
15 SAWCUT THE EXISTING P.C.C.
SIDEWALK AND CURB AND GUTTER
FOR THE FULL DEPTH PER
DEMOLITION KEYNOTE 13 ON PLAN
SHEET 3.
7 LF $________ $___________
16 REMOVE AND DISPOSE OF
EXISTING ABANDONED
ELECTRICAL SERVICE POLE PER
DEMOLITION KEYNOTE 14 ON PLAN
SHEET 3.
1 EA $________ $___________
17 REMOVE AND DISPOSE OF
EXISTING DEAD END WOODEN
BARRICADE PER DEMOLITION
KEYNOTE 15 ON PLAN SHEET 3.
1 LS $________ $___________
18 REMOVE AND DISPOSE OF
EXISTING STEEL POST PER
DEMOLITION KEYNOTE 16 ON PLAN
SHEET 3.
2 EA $________ $___________
19 REMOVE AND DISPOSE OF
EXISTING STEEL PIPE GATE PER
DEMOLITION KEYNOTE 17 ON PLAN
SHEET 3.
1 LS $________ $___________
20 SAWCUT THE EXISTING A.C. DIKE
FOR THE FULL DEPTH OF THE DIKE
PER DEMOLITION KEYNOTE 18 ON
PLAN SHEET 3.
1 LF $________ $___________
21 REMOVE AND DISPOSE OF THE
EXISTING A.C. DIKE. SEE
DEMOLITION KEYNOTE 19 ON PLAN
SHEET 3.
50 LF $________ $___________
22 REMOVE AND DISPOSE EXISTING
P.C.C. SLAB PER DEMOLITION
KEYNOTE 3 ON PLAN SHEET 14.
30 CYD $________ $___________
23 REMOVE AND DISPOSE OF
EXISTING ABANDONED
POSTS/POLES PER DEMOLITION
KEYNOTE 4 ON PLAN SHEET 14.
1 LS $________ $___________
24 INSTALL A.C. PAVEMENT PER
CONSTRUCTION KEYNOTE NO. 1, 2,
AND 22 ON PLAN SHEETS 4
3,358 TON $________ $___________
105
07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) Item
No. Description Quantity Unit Unit Cost Total Cost
THROUGH 8 AND WITHIN PIPE
TRENCH AREA.
25 INSTALL CLASS 2 BASE MATERIAL
PER CONSTRUCTION KEYNOTE NO.
1, 4, 7, 14, 17, 22, 23, 25, AND 31 ON
PLAN SHEETS 4 THROUGH 8 AND
WITHIN PIPE TRENCH AREA.
12,329 TON $________ $___________
26 INSTALL 2" X 8" PRESSURE
TREATED BOARDS PER
CONSTRUCTION KEYNOTE 3 ON
PLAN SHEETS 4 - 8. SECURE THE 2"
X 8" PRESSURE TREATED BOARDS
WITH 2 FOOT LONG- 2" X 4" STAKES
3 FEET ON CENTER. SECURE THE
BOARDS TO THE WOOD STAKES
WITH FOUR (4) 16 CC SINKER NAILS.
SEE DETAIL B ON SHEET 22.
452 LF $________ $___________
27 INSTALL 6-INCH P.C.C. CURB AND
GUTTER INCLUDING DEPRESSED
P.C.C CURB AND GUTTER PER
CONSTRUCTION KEYNOTE 4 ON
PLAN SHEETS 4 THROUGH 8.
SUBGRADE PREPARATION AND
CLASS II BASE INSTALLATION IS
EXCLUDED FROM THIS BID ITEM.
1,369 LF $________ $___________
28 INSTALL NEW P.C.C. SIDEWALK
AND 4 INCHES OF GRANULAR SAND
MATERIAL PER CITY OF EL CENTRO
STANDARD DETAIL EC-400. SEE
DETAIL D ON SHEET 22 AND
CONSTRUCTION KEYNOTE 5 ON
PLAN SHEETS 4-8. SUBGRADE
PREPARATION IS EXCLUDED FROM
THIS BID ITEM.
15,540 SF $________ $___________
29 INSTALL VARIABLE WIDTH NATIVE
PARKWAY BETWEEN P.C.C. CURB
AND GUTTER AND P.C.C. SIDEWALK
PER CITY OF EL CENTRO
STANDARD DETAIL EC-400 AND
CONSTRUCTION KEYNOTE 6 ON
PLAN SHEETS 4-8. SEE DETAIL D ON
SHEET 22.
1,786 SYD $________ $___________
106
07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) Item
No. Description Quantity Unit Unit Cost Total Cost
30 INSTALL P.C.C. HANDICAP RAMP
AND TRUNCATED DOMES PER
CALTRANS STANDARD PLAN A88A
CASE A AND CONSTRUCTION
KEYNOTE 7 AND 17 ON PLAN
SHEETS 4 THROUGH 8. SEE DETAIL
L ON SHEET 23. SEE BLOW-UP
DETAIL 1 ON SHEET 21. SUBGRADE
PREPARATION AND CLASS II BASE
INSTALLATION IS EXCLUDED FROM
THIS BID ITEM.
1 EA $________ $___________
31 CONTRACTOR TO ADJUST THE
EXISTING WATER VALVE RISERS
TO FINISH GRADE AFTER PAVING
OPERATIONS ARE COMPLETE PER
CONSTRUCTION KEYNOTE 9 ON
PLAN SHEETS 4-8. PLACE AN 8-
INCH DEEP 8-INCH WIDE, 5,000 PSI
CONCRETE RING AROUND THE
EXTERIOR CIRCUMFERENCE OF
THE WATER VALVE RISER PER CITY
OF EL CENTRO STANDARD DETAIL
EC-701. SEE DETAIL G ON SHEET 22.
1 EA $________ $___________
32 THE CONTRACTOR SHALL BE
RESPONSIBLE TO PROTECT IN
PLACE THE EXISTING SURVEY
MONUMENT. CONTRACTOR TO
ADJUST THE MONUMENT WELL
FRAME AND COVER TO FINISH
GRADE. CONTRACTOR TO PLACE
AN 8 1/2-INCH DEEP, 8-INCH WIDE,
5,000 PSI CONCRETE RING AROUND
THE EXTERIOR CIRCUMFERENCE
OF THE MONUMENT WELL FRAME
AND COVER. SEE DETAIL H ON
SHEET 22. SHOULD ANY SUCH
MONUMENTS OR BENCHMARKS BE
REMOVED, DAMAGED,
OBLITERATED OR ALTERED BY THE
CONTRACTOR'S OPERATIONS, THE
CONTRACTOR SHALL BE
RESPONSIBLE FOR PRESERVATION
OR PERPETUATION BY THE PROPER
RESETTING OF THE SAME AS PER
4 EA $________ $___________
107
07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) Item
No. Description Quantity Unit Unit Cost Total Cost
THE SUBDIVISION MAP ACT, THE
PROFESSIONAL LAND SURVEYORS
ACT AND TO THE SATISFACTION OF
THE COUNTY
SURVEYOR/DIRECTOR OF PUBLIC
WORKS DEPARTMENT. SEE
GENERAL NOTE ON SHEET 1 AND
SPECIFICATIONS FOR
PERPETUATION OF
MONUMENTATION.
33 INSTALL NATIVE MATERIAL IN THE
AREA BETWEEN THE BACK OF
SIDEWALK AND THE RETENTION
BASIN GRADE THE NATIVE
MATERIAL FLUSH WITH THE TOP
OF SIDEWALK AND PER THE
ELEVATIONS SHOWN ON THE
RETENTION BASIN GRADING PLAN
ON SHEET 14. COMPACT THE
NATIVE MATERIAL TO 90 PERCENT
OF MAXIMUM DENSITY PER ASTM
D-1557.
3,431 SYD $________ $___________
34 AFTER THE PLACEMENT OF THE
A.C. DIKE IS COMPLETED, GRADE
THE NATIVE MATERIAL FROM THE
BOTTOM OF THE A.C. DIKE TO A
HORIZONTAL DISTANCE OF 5-FEET
TO DAYLIGHT PER CONSTRUCTION
KEYNOTE 12 ON PLAN SHEETS 4-8.
COMPACT THE NATIVE MATERIAL
TO 90 PERCENT OF MAXIMUM
DENSITY PER ASTM D-1557.
905 SYD $________ $___________
35 INSTALL NEW STORMWATER
MANHOLE. ADJUST THE MANHOLE
FRAME AND COVER TO FINISH
GRADE AFTER PAVING
OPERATIONS ARE COMPLETE PER
CONSTRUCTION KEYNOTE 13 ON
PLAN SHEETS 4-8. PLACE A 12-INCH
WIDE, 12-INCH DEEP, 5,000 PSI
CONCRETE RING AROUND THE
EXTERIOR CIRCUMFERENCE OF
THE MANHOLE FRAME AND COVER.
SEE DETAIL F ON SHEET 22.
1 EA $________ $___________
108
07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) Item
No. Description Quantity Unit Unit Cost Total Cost
36 INSTALL STORMWATER CATCH
BASIN PER DETAIL J ON SHEET 23
AND CONSTRUCTION KEYNOTE 14
ON PLAN SHEETS 4-8. CLASS II BASE
INSTALLATION IS EXCLUDED FROM
THIS BID ITEM.
3 EA $________ $___________
37 INSTALL NEW 12-INCH DIAMETER
AWWA C900 DR 18 PVC
STORMWATER PIPELINE PER
TRENCH DETAIL I ON SHEET 23 AND
CROSS SECTION DETAILS ON SHEET
10 TO 12 PER CONSTRUCTION
KEYNOTE 15. EXCAVATION OF
TRENCH, COMPACTION OF
SUBGRADE/BACKFILL MATERIAL,
INSTALLATION OF PIPELINE WITH
SAND BEDDING, STRUCTURE
BACKFILL/NATIVE MATERIAL
BACKFILL AND ALL ASSOCIATIVE
WORK, MATERIALS, EQUIPMENT
AND LABOR ARE INCLUSIVE OF
THIS BID ITEM. EXCLUDE
SIDEWALK AND GRANULAR
INSTALLATION COST FROM THIS
BID ITEM.
117 LF $________ $___________
38 INSTALL NEW 18-INCH DIA. PS115
PVC STORMWATER PIPELINE PER
CONSTRUCTION KEYNOTE 16 ON
PLAN SHEETS 4-8 AND TRENCH
DETAIL I ON PLAN SHEET 23 WITH
SAND BEDDING AND BACKFILL
MATERIAL. EXCAVATION OF
TRENCH, COMPACTION OF
SUBGRADE/BACKFILL MATERIAL,
INSTALLATION OF PIPELINE WITH
SAND BEDDING, STRUCTURE
BACKFILL/NATIVE MATERIAL
BACKFILL AND ALL ASSOCIATIVE
WORK, MATERIALS, EQUIPMENT
AND LABOR ARE INCLUSIVE OF
THIS BID ITEM. EXCLUDE A.C.
PAVEMENT AND CLASS 2 BASE
INSTALLATION COST FROM THIS
BID ITEM.
223 LF $________ $___________
109
07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) Item
No. Description Quantity Unit Unit Cost Total Cost
39 INSTALL NEW P.C.C. SIDEWALK
DRAIN PER DETAIL N ON SHEET 24
AND CONSTRUCTION KEYNOTE 17
ON PLAN SHEETS 4-8. SUBGRADE
PREPARATION AND CLASS II BASE
INSTALLATION IS EXCLUDED FROM
THIS BID ITEM. SMALL ROCK IS
INCLUDED.
1 EA $________ $___________
40 INSTALL NEW "TYPE A" A.C. DIKE
PER MODIFIED CALTRANS
STANDARD PLAN A87B PER
CONSTRUCTION KEYNOTE 18 ON
PLAN SHEETS 4-8. SEE DETAIL M ON
SHEET 23. APPLY TACK COAT
BETWEEN A.C. PAVEMENT
SURFACE AND A.C. DIKE PER
SECTION 39 OF CALTRANS
STANDARD SPECIFICATIONS
LATEST EDITION.
1,629 LF $________ $___________
41 INSTALL NEW 18-INCH DIAMETER
PS 115 PVC STORMWATER PIPELINE
INSIDE THE EXISTING 24-INCH
DIAMETER CASING PIPE
PREVIOUSLY INSTALLED PER
CONSTRUCTION KEYNOTE 20 ON
PLAN SHEETS 4-8 AND DETAIL T ON
SHEET 25.
1 LS $________ $___________
42 INSTALL STREET LIGHT PER CITY
OF EL CENTRO STANDARD DETAIL
EC-900 OR DETAIL P ON SHEET 24
AND CONSTRUCTION KEYNOTE 21
ON PLAN SHEETS 4-8.
6 EA $________ $___________
43 INSTALL A 12-INCH DIAMETER INLINE DUCKBILL CHECK VALVE AT THE UPSTREAM END OF NEW 12-
INCH DIAMETER PIPE. SEE SECTION
A-A ON SHEET 10 AND
CONSTRUCTION KEYNOTE 24 ON
PLAN SHEETS 4-8.
1 EA $________ $___________
44 EXTEND THE NEW 12-INCH
DIAMETER PS 115 PVC
STORMWATER PIPELINE TO THE
BOTTOM OF THE EXISTING IID
DATE DRAIN. INSTALL A 12-INCH
1 LS $________ $___________
110
07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) Item
No. Description Quantity Unit Unit Cost Total Cost
DIAMETER DUCTILE IRON FLAPPER
GATE VALVE WITH WATER-TIGHT
GASKET AT THE END OF NEW 12-
INCH DIAMETER PIPE. SECURE THE
FLAPPER WITH 316 STAINLESS
STEEL HARDWARE SEE SECTION AA ON SHEET 10 PER CONSTRUCTION KEYNOTE 25 ON PLAN SHEETS 4-8.
45 GRADE THE EXISTING NATIVE
MATERIAL FROM THE TOP OF THE
BACK OF CURB FOR A HORIZONTAL
DISTANCE OF 10-FEET TO
DAYLIGHT. COMPACT THE NATIVE
MATERIAL TO 90 PERCENT OF
MAXIMUM DENSITY PER ASTM D1557 PER CONSTRUCTION KEYNOTE 26 ON PLAN SHEETS 4-8.
58 SYD $________ $___________
46 GRADE THE EXISTING NATIVE
MATERIAL FROM THE TOP OF THE
CLASS 2 BASE SURFACE FOR A
DISTANCE 5 FEET TO DAYLIGHT
PER CONSTRUCTION KEYNOTE 27
ON PLAN SHEETS 4-8.
251 SYD $________ $___________
47 INSTALL NEW 1.5-INCH DIAMETER
STEEL PIPE SWING GATE PER
CONSTRUCTION KEYNOTE 28 ON
PLAN SHEETS 6 AND 7 AND BLOWUP DETAIL CONSTRUCTION
KEYNOTE 14 ON PLAN SHEET 13.
1 LS $________ $___________
48 INSTALL NEW P.C.C. DRIVEWAY
PER CONSTRUCTION KEYNOTE 29
ON PLAN SHEETS 6 AND 7 AND
BLOW-UP DETAIL CONSTRUCTION
KEYNOTE 13 ON PLAN SHEET 13.
372 SF $________ $___________
49 GRADE THE EXISTING NATIVE
MATERIAL FROM THE BACK OF
SIDEWALK FOR A VARIABLE
DISTANCE UP TO THE EXISTING
CONCRETE WALL EAST OF THE
EXISTING SIDEWALK PER
CONSTRUCTION KEYNOTE 30 ON
PLAN SHEETS 6 AND 7 AND BLOWUP DETAIL CONSTRUCTION
KEYNOTE 16 ON PLAN SHEET 13.
158 SYD $________ $___________
111
07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) Item
No. Description Quantity Unit Unit Cost Total Cost
50 GRADE NATIVE MATERIAL TO
DESIGN ELEVATION PER
CONSTRUCTION KEYNOTE 1 ON
PLAN SHEET 14.
10,610 SYD $________ $___________
51 INSTALL NEW 24-INCH STORM
WATER DROP INLET WITH GRATE
PER CONSTRUCTION KEYNOTE 3 ON
PLAN SHEET 14. INCLUDES
INSTALLATION OF CRUSHED ROCK
BEDDING.
1 EA $________ $___________
52 INSTALL NEW STORMWATER
HEADWALL STRUCTURE PER
CONSTRUCTION KEYNOTE 4 ON
PLAN SHEET 14 AND DETAIL R ON
PLAN SHEET 25.
2 EA $________ $___________
53 INSTALL 10-FOOT WIDE X 9-FOOT
LONG X 1.5-FOOT DEEP MINIMUM
SMALL ROCK (4-INCH) SLOPE
PROTECTION PER CONSTRUCTION
KEYNOTE 6 ON PLAN SHEET 14.
5 CYD $________ $___________
54 GRADE A NEW NATIVE EARTH
SWALE TO DISCHARGE THE
EXISTING EARTHEN SWALE INTO
THE NEW RETENTION BASIN PER
CONSTRUCTION KEYNOTE 7 ON
PLAN SHEET 14.
74 SYD $________ $___________
55 INSTALL NEW 12-INCH DIAMETER
CORRUGATED HDPE PERFORATED
STORM DRAIN PIPELINE PER
CONSTRUCTION KEYNOTE 8 ON
PLAN SHEET 14 AND DETAIL S ON
PLAN SHEET 25.
29 LF $________ $___________
56 INSTALL NEW 6-INCH DIAMETER
CORRUGATED HDPE PERFORATED
STORM DRAIN PIPELINE PER
CONSTRUCTION KEYNOTE 9 ON
PLAN SHEET 14 AND DETAIL S ON
PLAN SHEET 25.
150 LF $________ $___________
57 INSTALL NEW 12-INCH X 6-INCH
DIAMETER CORRUGATED HDPE TEE
FITTING PER CONSTRUCTION
KEYNOTE 10 ON PLAN SHEET 14.
3 EA $________ $___________
112
07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) Item
No. Description Quantity Unit Unit Cost Total Cost
58 INSTALL NEW 6-INCH DIAMETER
CORRUGATED HDPE CLEANOUT
ASSEMBLY PER CONSTRUCTION
KEYNOTE 11 ON PLAN SHEET 14.
4 EA $________ $___________
59 INSTALL NEW 12-INCH DIAMETER
CORRUGATED HDPE CAP FITTING
PER CONSTRUCTION KEYNOTE 12
ON PLAN SHEET 14.
1 EA $________ $___________
60 INSTALL 18 INCHES OF 3/4"
CRUSHED ROCK MATERIAL PER
CONSTRUCTION KEYNOTE 13 ON
PLAN SHEET 14.
132 TON $________ $___________
61 INSTALL VARIABLE DEPTH (5.5
FEET AVG.) OF GRANULAR SAND
PER CONSTRUCTION KEYNOTE 14
ON PLAN SHEET 14.
665 TON $________ $___________
62 SIGNAGE AND STRIPING PER PLAN
SHEETS 15, 16, AND 17. 1 LS $________ $___________
63 WATER POLLUTION CONTROL
(STORMWATER POLLUTION
PREVENTION PLAN PREPARATION,
EROSION CONTROL BMPS
IMPLEMENTATION, AND SMARTS
INPUT. INCLUDE QUALIFIED SWPPP
DEVELOPER (QSD) AND
PRACTITIONER (QSP) SERVICES.
1 LS $________ $___________
64 TRAFFIC CONTROL 1 LS $________ $___________
65 CONSTRUCTION STAKING AND
GRADE CERTIFICATION. 1 LS $________ $___________
66 MONUMENT PRESERVATION
CERTIFICATE, RE-ESTABLISHMENT
OF MONUMENTS NOT FOUND IN
THE WORK AREA & PROTECTION
OF THOSE THAT ARE
1 LS $________ $___________
67 GEOTECHNICAL ENGINEERING
TESTING FOR QUALITY CONTROL
(QC) PER THE CITY OF EL CENTRO'S
QUALITY ASSURANCE PLAN (QAP).
1 LS $________ $___________
113
07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) Item
No. Description Quantity Unit Unit Cost Total Cost
68 ELECTRICAL RELATED
CONSTRUCTION WORK FOR STREET
LIGHTS.
1 LS
69 INSTALL CHAIN LINK FENCE PER
CONSTRUCTION KEYNOTE 8 ON
PLAN SHEETS 4 THROUGH 8,
CONSTRUCTION KEYNOTE 2 ON
PLAN SHEET 14, AND DETAIL W ON
PLAN SHEET 26.
1,268 LF
Total Base Bid (consisting of the sum of items 1 through 69) is:
$________________________
(Amount of Total Bid written numerically as Dollars and Cents, in US Dollars)
$__________________________________________________________________________ (Amount of Total Bid written in words as Dollars and Cents, in US Dollars) Alternative Bid (consisting of the sum of items 1 through 69A.1) Item
No. Description Quantity Unit Unit Cost Total Cost
69A.1 INSTALL TUBULAR FENCE PER
DETAIL Z ON PLAN SHEET 27 1,268 LF $________ $___________ Total Base Bid with alternative Item 69A.1 in place of Item 69 (consisting of the sum of items 1 through 69A.1) is:
$________________________
(Amount of Alternative Bid written numerically as Dollars and Cents, in US Dollars) $__________________________________________________________________________ (Amount of Alternative Bid written in words as Dollars and Cents, in US Dollars)
114
07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) The above bid, submitted above by a qualified prospective bidder, both in numerical form and written in words, shall constitute the Total Bid for this proposed project. The prospective bidder is responsible to place the amount bid for each and every one of the above items 1 through 69.
Following receipt of sealed bids, the City of El Centro shall numerically add the amounts bid for all items 1 through 69. The amount of the Total Bid written in words shall be interpreted as a confirmation of the intent of the prospective bidder in preparing the Total Bid. The numerical sum of all bid items 1 through 69 as derived by the City shall be considered the correct Total Bid, in case an addition error has been made by the prospective bidder. The above Total Base Bid (including Alternatives, if selected) shall be the basis on which the Lowest Responsible Bid shall be selected by the City of El Centro for the proposed project.
1.00 – The undersigned hereby acknowledges the receipt of the following addendum (a):
None______; No. 1______; No. 2______; No. 3______; No. 4 ______; No. 5______
2.00 – The undersign hereby certifies that this proposal/bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation.
3.00 – The undersigned hereby accepts on the behalf of his firm all provisions and requirements of the contract documents, including but not limited to those related to time of completion and liquidated damages.
4.00 – The undersigned hereby certifies that they are authorized representative of the firm on whose behalf this proposal/bid is submitted and that they are acting at the direction and with the required approval of said firm, which is identified as follows:
Name of firm:
Address of firm:
Telephone Number: ( ) Fax Number: ( )
Contractor’s License
Number:
Type:
Signed: Date:
END OF PROPOSAL BID FORM
Amount
Subcontracted DIR Reg Number
A
A
A
A
A
A
A
A
I
I
I
I
I
I
I
I
I
Local Assistance Procedures Manual Exhibit 12-B
Bidder’s List of Subcontractors (DBE and Non-DBE)
Exhibit 12-B: Bidder’s List of Subcontractor (DBE and Non-DBE) - Part 1 As of March 1, 2015 Contractors (and sub-contractors) wishing to bid on public works contracts must be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at https://www.dir.ca.gov/Public-Works/ContractorRegistration.html. The local agency will verify registration of all contractors and subcontractors on public works projects at bid and thereafter annually to assure that yearly registration is maintained throughout the life of the project.
In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required for each sub-contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total Base Bid or $10,000 (whichever is greater).
FEDERAL PROJECT NUMBER:
Photocopy this form for additional firms.
Subcontractor Name & Location Line Item & Description Subcontract Percentage of Bid Item
Contractor License Number DBE
(Y/N) DBE Cert Number Annual Gross Receipts
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
ge of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
ge of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
ge of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
ge of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
ge of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
ge of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
ge of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
ge of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
Age of Firm in
years
Distribution – Original: Local Agency File; Copy: DLAE w/Award Package
September 2021
Ag
Ag
Ag
Ag
Ag
Ag
Ag
Ag
I
I
I
I
I
I
I
I
I
Local Assistance Procedures Manual Exhibit 12-B
Bidder’s List of Subcontractors (DBE and Non-DBE)
Exhibit 12-B: Bidder’s List of Subcontractor (DBE and Non-DBE) - Part 2 In accordance with Title 49, Section 26 of the Code of Federal Regulations, the Bidder shall list all subcontractors who provided a quote or bid but were not selected to participate as a subcontractor on this project.
FEDERAL PROJECT NUMBER:
Photocopy this form for additional firms.
Subcontractor Name & Location Line Item & Description Subcontract Amount
Percentage of
Bid Item
Subcontracted
Contractor License Number DBE
(Y/N) DBE Cert Number Annual Gross Receipts
DIR Reg Number
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
Age of Firm in
years
Distribution – Original: Local Agency File; Copy: DLAE w/Award Package
September 2021
117
07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder_________________________________________________________________, proposed subcontractor _________________________________________, 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.
118
07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063)
PUBLIC CONTRACT CODE
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
In conformance with Public Contract Code §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 (3) 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 §1101, with any public entity, as defined in Public Contract Code §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 §10285.1.
Note: The bidder must place a check mark after “has” or “has not” in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
119
07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In conformance with Public Contract Code §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.
120
07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) PUBLIC CONTRACT CODE 10232 STATEMENT
In conformance with Public Contract Code §10232, the Contractor hereby states under penalty of perjury that no more than one (1) final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two (2) year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.
Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
121
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NONCOLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California )
County of Imperial ) ss
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106, ____________________________, being first duly sworn, deposes and says that he or she is ______________________ of____________________________the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation, that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; and that all statements contained in the bid are true; and further, that the bidder has not directly, or indirectly, submitted his/her/its bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Date:__________________________ _______________________________ Contractor’s Name
_______________________________
Contractor’s Signature
_______________________________
Title
END OF NONCOLLUSION AFFIDAVIT
122
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NONCOLLUSION DECLARATION TO BE EXECUTED
BY
BIDDER AND SUBMITTED WITH BID
The undersigned declares: This is the declaration under Govt. Code Section 7106 I am the __________________ of ______________________, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding.
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. All statements contained in the bid are true. 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, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________ [date], at ______________________ [city], ________________________ [state].
_______________________________
Name
_______________________________
Signature
_______________________________
Title
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DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he 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 three (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 three (3) years.
If there are any exceptions to this certification, insert the exceptions in the following space.
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
Notes: Providing false information may result in criminal prosecution or administrative sanctions.
The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification.
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NONLOBBYING CERTIFICATION
FOR FEDERAL-AID CONTRACTS
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(l) No Federally-appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federally-appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure of Lobbying Activities,” in conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.
The prospective participant also agrees by submitting his bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed one hundred thousand dollars ($100,000) and that all such subrecipients shall certify and disclose accordingly.
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DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year ____ quarter _________
f. loan insurance date of last report ___________
4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:
Prime Subawardee
Tier _______, if known
Congressional District, if known Congressional District, if known
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable ____________________
8. Federal Action Number, if known: 9. Award Amount, if known:
10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including (If individual, last name, first name, MI) address if different from No. 10a) (last name, first name, MI)
(attach Continuation Sheet(s) if necessary)
11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply)
$ _____________ actual planned a. retainer
b. one-time fee
12. Form of Payment (check all that apply): c. commission a. cash d. contingent fee
b. in-kind; specify: nature______________ e deferred
value _____________ f. other, specify__________________________
14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11:
(attach Continuation Sheet(s) if necessary)
15. Continuation Sheet(s) attached: Yes No
16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.
Signature: _________________________________________
Print Name: _______________________________________
Title: _____________________________________________
Telephone No.: _____________________ Date: ___________
Authorized for Local Reproduction
Federal Use Only: Standard Form – LLL Rev. 09-12-97
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INSTRUCTIONS FOR COMPLETION OF SF-LLL,
DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether sub awardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action.
Attach a continuation sheet for additional information if the space on the form is inadequate.
Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or sub award recipient. Identify the tier of the sub awardee, e.g., the first sub awardee of the prime is the first tier. Sub awards include but are not limited to subcontracts, sub grants and contract awards under grants.
5. If the organization filing the report in Item 4 checks "Sub awardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services and include full address if
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07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.
12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.
13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials.
Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted.
15. Check whether or not a continuation sheet(s) is attached.
16. The certifying official shall sign and date the form; print his name title and telephone number.
Public reporting burden for this collection of information is estimated to average thirty (30) minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503.
SF-LLL-Instructions Rev. 06-04-90«ENDIF»
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BID AGREEMENT
The undersigned agrees that this bid may not be withdrawn within a period of ninety (90) days from the opening thereof, and further agrees that in case of default in executing the required contract with necessary bonds with the ten (10) days, not including Sunday, after having received notice that the contract is ready for signature, the proceeds of the check or bond accompanying his bid shall become the property of the City of El Centro, California.
The certified or cashier's check, cash deposit or bid bond accompanying this proposal is in the amount of ten percent (10%) or more of the aggregate amount of this bid.
The names of all persons interested in the foregoing proposal 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 co-partnership, 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.
The undersigned is licensed in accordance with the Laws of the State of California, License No. _______________________ Classification(s) ________________________ ADDENDA This Proposal is submitted with respect to the changes to the contract included in addenda Number(s)_____________ (Fill in addenda numbers if addenda have been received and insert, in this Proposal, any Engineer's Estimate sheets that were received as part of the addenda.)
By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code §§10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of §8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). By my signature on this proposal 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.
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Signature and Title of Bidder
Company Name _____________________________________________ Business Address ______________________________________________ Place of Business _____________________________________________ Telephone Number_______________________
Fax Number ___________________
END OF BID AGREEMENT
Sign
Here
Signature of Bidder
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CITY OF EL CENTRO
DEPARTMENT OF PUBLIC WORKS
BIDDER’S BOND
We, __________________________________________________________________________ ________________________________________________________________ as Principal, and ______________________________________________________________________________ as Surety are bound unto the City of El Centro, State of California, hereafter referred to as "Obligee," in the penal sum of ten percent (10%) of the total amount of the bid of the Principal submitted to the Obligee for the work described below, for the payment of which sum we bind ourselves, jointly and severally,
THE CONDITION OF THIS OBLIGATION IS SUCH, THAT:
WHEREAS, the Principal is submitted to the Obligee, for _______________________________
______________________________________________________________________________ (Copy here the exact description of work, including location as it appears on the proposal) ______________________________________________________________________________ for which bids are to be opened at _________________ on _____________________________ (Insert place where bids will be opened) (Insert date of bid opening) NOW, THEREFORE, if the 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 conformance with the bid, and files two bonds with the Obligee, one to guarantee faithful performance of the contract and the other to guarantee payment for labor and materials as provided by law, then this obligation shall be null and void; otherwise, it shall remain in full force.
In the event suit is brought upon this bond by the Obligee and judgment is recovered, the Surety shall pay all costs incurred by the Obligee in such suit, including actual costs and reasonable attorneys’ fee to be fixed by the court.
Dated: ____________________, 20_____.
_____________________________________________
_____________________________________________
_____________________________________________
Principal
_____________________________________________
Surety
By __________________________________________
Attorney-in-fact
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CERTIFICATE OF ACKNOWLEDGEMENT
State of California
City/County of _____________________________ ss
On this ______________________________________________________ day of in the year 20 before me
___________________________ , personally appeared _______________________________ , Attorney-in-fact
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the attorney-in-fact of , and acknowledged to me that he (she) subscribed the name of the said company thereto as surety, and his (her) own name as attorney-in-fact.
(SEAL) ___________________________________________
Notary Public
END OF BIDDER’S BOND
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CONSTRUCTION AGREEMENT
CITY OF CENTRO, CALIFORNIA
THIS AGREEMENT, is dated as of the _______ day of ___________________, in the year 20___, by and between the City of El Centro, (“OWNER”), and _____________________________________ (“CONTRACTOR”)
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1. WORK.
CONTRACTOR shall complete the WORK indicated in OWNER’s Contract Documents entitled
“EXTENSION OF IMPERIAL AVENUE FROM DANENBERG DRIVE TO MANUEL ORTIZ AVENUE – PHASE III”
The WORK is generally described as follows:
This project involves construction of a new roadway, extending S. Imperial Ave. from Danenberg Drive to Manuel Ortiz Avenue. Project will include grading of native soil, subgrade preparation, installation of Class II Base, installation of A.C. Pavement, installation of a storm drain swale and pipe, installation of PCC sidewalk and curb ramps, adjustment of utility covers and traffic striping.
ARTICLE 2. CONTRACT TIME.
The WORK will be completed within ninety (90) working days after the commencement of date stated in the Notice to Proceed.
ARTICLE 3. LIQUIDATED DAMAGES.
OWNER and CONTRACTOR recognize time is of the essence of this Agreement and OWNER will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Section 1-22 of the General Conditions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the OWNER and CONRACTOR agree that as liquidated damages for delay (but not as a penalty) the CONTRACTOR shall pay OWNER one thousand dollars ($1,250) for each day, or portion thereof, that expires after the time specified in Article 2 herein.
ARTICLE 4. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in current funds the amount set forth in the Bid Schedule(s) and
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ARTICLE 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Section 1-29 of the General Conditions.
ARTICLE 6. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the WORK consist of this Agreement and the following attachments to : this Agreement.
6.1 Invitation for Bids/ Advertisement.
6.2 Bid Requirements.
6.3 General Conditions
6.4 Supplemental General Conditions (State)
6.5 Specifications
6.6 Special Provisions
6.7 Job Quantities
6.8 Bid Form
6.9 Bid Bond
6.10 Equal Employment Opportunity Certification
6.11 Public Contract Code Section 10285.1 Statement
6.12 Public Contract Code Section 10162 Questionnaire
6.13 Public Contract Code Section 10232 Statement
6.14 Debarment and Suspension Certification
6.15 Non-lobbying Certification
6.16 Disclosure of Lobbying Activities
6.17 This Section Intentionally Left Blank
6.18 This Section Intentionally Left Blank
6.19 This Section Intentionally Left Blank
6.20 This Section Intentionally Left Blank
6.21 Bid Agreement
6.22 Agreement
6.23 Faithful Performance Bond
6.24 Labor and Material Bond
6.25 Workers’ Compensation Insurance Certification
6.26 Subcontractor’s Listing
6.27 Noncollusion Affidavit
6.28 Drug and Alcohol Testing Requirements
6.29 Corporate Certification or Partnership Information
6.30 Contractor’s Certification of Qualification for License Classification
6.31 Federal-aid Project Special Provisions
6.32 State Prevailing Wages
6.33 Federal Prevailing Wages
6.34 Public Contract Code Section 22300
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6.35 Public Contract Code Section 9204
6.34 Plan Sheets titled “EXTENSION OF IMPERIAL AVENUE FROM DANENBERG DRIVE TO MANUEL ORTIZ AVENUE – PHASE III”
There are no Contract Documents other than those listed in this Article 6. The Contract Documents may only be amended by Change Order as provided in Section 1-23 of the General Conditions. To the extent this Agreement conflict with the provisions of other documents, the provisions of this Agreement shall apply.
ARTICLE 7. ASSIGNMENT.
No assignment by a party hereto of any rights or obligations under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent the effect of this restriction may be limited by law). Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.
ARTICLE 8. PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Architect by the CONTRACTOR and Certificates for Payment issued by the Architect, the CITY shall make progress payments on account of the Contract Sum to the CONTRACTOR as provided in the General Conditions.
This Agreement is subject to the provisions of Article 1.7 (commencing at Section 20104.50) of Division 2, Part 3 of the Public Contract Code regarding prompt payment of contractors by local governments. Article 1.7 mandates certain procedures for the payment of undisputed and properly submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to Contractor of improper payment requests, and provides for the payment of interest on progress payment requests that are not timely made in accordance with that Article. This AGREEMENT hereby incorporates the provisions of Article 1.7 as though fully set forth herein.]
ARTICLE 9. RETENTION OF SECURITIES
Public Contract Code Section 22300 permits the substitution of securities for any monies withheld by a public agency to ensure performance under a contract, at the request and expense of the CONTRACTOR. The provisions of that Section are attached and incorporated as if full set forth herein.
ARTICLE 10. INDEMNITY, DEFENSE AND HOLD HARMLESS AGREEMENT In addition to any other provisions of these Contract Documents, CONTRACTOR shall indemnify, defend with legal counsel approved by CITY, and hold harmless
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07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the CITY.
Should conflict of interest principles preclude a single legal counsel from representing both CITY and CONTRACTOR, or should CITY otherwise find CONTRACTOR’s legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
CONTRACTOR obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this agreement, CONTRACTOR shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of CITY.
ARTICLE 11. PREVAILING WAGES
A. Wage rates for this Project shall be in accordance with the “General Wage Determination Made By the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1", for Imperial County. Wage rates shall conform with those posted at and the Project site.
B. The following Labor Code sections are hereby referenced and made a part of this Agreement:
1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.
2. Section 1777.4 - Apprenticeship Requirements.
3. Section 1777.5 - Apprenticeship Requirements.
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4. Section 1813 - Penalty for Failure to Pay Overtime.
5. Sections 1810 and 1811 - Working Hour Restrictions.
6. Section 1775 - Payroll Records.
7. Section 1773.8 - Travel and Subsistence Pay.
ARTICLE !2. RECORD AUDIT
In accordance with Government Code, Section 8546.7, records of both the CITY and the CONTRACTOR shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.
ARTICLE 13. FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Agreement Sum, shall be paid by the CITY to the CONTRACTOR no sooner than thirty-five (35) days after a Notice of Completion has been recorded, unless otherwise stipulated in the Notice of Completion, provided the work has then been completed, the Agreement fully performed, and a final Certificate for Payment has been issued by the Architect.
ARTICLE 14. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF
PROJECT
In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if the CONTRACTOR for a period of three (3) calendar days after receipt of written demand from CITY or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within said three (3) calendar days, fails to continue to do so; then the CITY may exclude the CONTRACTOR from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the CITY to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the CITY, shall be a charge against the CONTRACTOR, and may be deducted from any money due or becoming due to CONTRACTOR from the CITY, or the CONTRACTOR shall pay the CITY the amount of said charge, or the portion thereof unsatisfied. The sureties provided for under this Agreement shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by the CITY.
ARTICLE 15. INSURANCE
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07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) Prior to the beginning of and throughout the duration of the Work, CONTRACTOR and its subcontractors shall maintain insurance in conformance with the requirements set forth below. CONTRACTOR will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.
CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to CONTRACTOR or its subcontractors in excess of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to CITY.
A. CONTRACTOR shall provide the following types and amounts of insurance:
Without limiting CONTRACTOR’s indemnification of CITY, and prior to commencement of Work, CONTRACTOR shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to CITY.
General liability insurance. CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
Umbrella or excess liability insurance.] CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
Pay on behalf of wording as opposed to reimbursement;
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07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) Concurrency of effective dates with primary policies; Policies shall “follow form” to the underlying primary policies; and Insureds under primary policies shall also be insureds under the umbrella or excess policies.
Workers’ compensation insurance. CONTRACTOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.
CONTRACTOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.
Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a CONTRACTOR’s Pollution Liability form or other form acceptable to CITY providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.
Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.
Builder’s risk insurance. Upon commencement of construction and with approval of CITY, CONTRACTOR shall obtain and maintain builder’s risk insurance for the entire duration of the Project until only the CITY has an insurable interest. The Builder’s Risk coverage shall include the coverages as specified below.
The named insureds shall be CONTRACTOR and CITY, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may appear. CONTRACTOR shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to CITY. The policy shall contain a provision that all
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07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) proceeds from the builder’s risk policy shall be made payable to the CITY. The CITY will act as a fiduciary for all other interests in the Project.
Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sublimits sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to CITY to ensure adequacy of terms and sub limits and shall be submitted to the CITY prior to commencement of construction.
Other provisions or requirements
Proof of insurance. CONTRACTOR shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by CITY’s risk manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONTRACTOR, his agents, representatives, employees or subcontractors. CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.
Primary/noncontributing. Coverage provided by CONTRACTOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.
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07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may cancel this Agreement.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the CITY’s risk manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss.
CONTRACTOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its sub consultants.
Enforcement of contract provisions (non estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
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07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing.
Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that CONTRACTOR’s insurance shall apply separately to each insured against who claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
Pass through clause. CONTRACTOR agrees to ensure that its sub-consultants, subcontractors, and any other party involved with the project that is brought onto or involved in the project by CONTRACTOR, provide the same minimum insurance coverage and endorsements required of CONTRACTOR. CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.
CONTRACTOR agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to CITY for review.
City’s right to revise requirements. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONTRACTOR a ninety (90) day advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the CITY and CONTRACTOR may renegotiate CONTRACTOR’s compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.
Timely notice of claims. CONTRACTOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.
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07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) City shall give the Contractor timely notification of the receipt of any third party claims related to the project as provided in Public Contract ode Section 9201(b).
A. CONTRACTOR'S LICENSE
CONTRACTOR must possess at the time of commencing work and throughout the Project duration, a Class A Contractor's License, issued by the State of California, which is current and in good standing. CONTRACTOR shall ensure that any subcontractor working on the Project possesses at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing.
ARTICLE 16 REGISTRATION REQUIREMENTS
Pursuant to Section 1771.1(a) of the Labor Code:
“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.”
CONTRACTOR must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects. CONTRACTOR must ensure registration with the DIR that is active and in good standing.
No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
The CONTRACTOR is not subject to public works requirements (including registration with the DIR) if the public works project is under $1,000, unless the CITY knows that the same CONTRACTOR will be awarded total project costs in
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07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) excess of $1,000 for a given year.
ARTICLE 17. CORPORATION IN GOOD STANDING
If CONTRACTOR is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and in good standing in the State of California, and that , whose title is , is authorized to act for and bind the corporation.
ARTICLE 18. PROVISIONS REQUIRED BY LAW
Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party the Agreement shall forthwith be physically amended to make such insertion or correction.
ARTICLE 19. SUBSURFACE HAZARDOUS MATERIALS
A. In the event trenches or other excavations extend deeper than four (4) feet below the surface, the CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the CITY in writing of any:
1. Material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II or Class III disposal site in accordance with the provisions of existing law.
2. Subsurface or latent physical conditions at the site differing from those indicated.
3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Work or the character provided for in the CONTRACT.
B. Upon receipt of said notification the CITY will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the CONTRACTOR's cost of or the time required for performance of any part of the work, the CITY will issue a change order under the procedures described in the General Conditions.
C. In the event that a dispute arises between the CITY and the CONTRACTOR whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in the CONTRACTOR's cost of or time required for performance of any part of the work, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the
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07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) Agreement, but shall proceed with all work to be performed under the Agreement. The CONTRACTOR shall retain any and all rights provided either by Agreement or by law which pertain to the resolution of disputes and protests between the contracting parties.
ARTICLE 20. LIQUIDATED DAMAGES
Pursuant to Government Code Section 53069.85, if work is not completed within the contract time or in strict accordance with the Project Schedule, it is understood, acknowledged and agreed that the CITY will suffer damage. It is therefore agreed that the CONTRACTOR shall pay to the CITY the sum of One Thousand Two Hundred Fifty dollars ($1,250) for each and every calendar day of delay beyond the Contract Time, or beyond any completion schedule, construction schedule or Project milestones established in or pursuant to the Project Schedule, or beyond the time indicated in the Project Schedule for any individual Contract activity.
CONTRACTOR expressly understands, acknowledges and agrees that such liquidated damages can and shall be imposed if the CONTRACTOR does not meet each and every aspect of any activity schedule, completion schedule, construction schedule or Project milestones established in or pursuant to the Project Schedule.
If the CITY accepts work or makes any payment under this Agreement after a default by reason of delays, the acceptance of such work and/or payment(s) shall in no respect constitute a waiver or modification of any provisions regarding Contract Time, a completion schedule, the Project Schedule or the accrual of liquidated damages. In the event the same is not paid, the CONTRACTOR further agrees that the CITY may deduct the amount thereof from any money due or that may become due the CONTRACTOR under the Agreement. This Article does not exclude recovery of damages under provisions of the Contract Documents, and is expressly in addition to the CITY’s ability to seek other damages.
CONTRACTOR is to refer to Section Project Construction Schedule for duration of individual activities. Liquidated damages may be assessed if any individual activity duration exceeds the time indicated for that activity on the Project Construction Schedule.
ARTICLE 21. ENTIRE CONTRACT
This Agreement constitutes the entire contract between the parties. No other agreements or contracts, whether oral or written, pertaining to the work to be performed, exist between the parties. This Agreement can be modified only by an amendment in writing, signed by both parties. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.
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07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) IN WITNESS WHEREOF, OWNER and CONTRACTOR have caused this Agreement to be executed the day and year first above written.
OWNER: CITY OF EL CENTRO
_________________________________________
CITY MANAGER, CITY OF EL CENTRO
ATTEST:
___________________________________
CITY CLERK, CITY OF EL CENTRO
APPROVED AS TO FORM AND LEGALITY:
____________________________________
CITY ATTORNEY
DATED:____________________ 201___
CONTRACTOR: COMPANY NAME____________________________________ LICENSE NO.
BUSINESS ADDRESS_______________________ STATE/ZIP__________________ TELEPHONE NO.________________________ FAX NO. ______________________ SIGNATURE:__________________________ TITLE _________________________
SIGNATURE:__________________________ TITLE _________________________
If the contractor is a corporation two officers of the corporation shall sign the agreement.
END OF AGREEMENT
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07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) FHWA 1273 CERTIFICATION
The bidder, under penalty of perjury, certifies that, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager, shall comply with the provisions of the Form FHWA 1273 included in the Special Provisions. The provisions apply to all work performed on the contract including work performed by the subcontract. The unmodified Form 1273 is required to be physically incorporated into each contract, subcontract and subsequent lower-tier subcontracts. The provisions may not be incorporated by reference.
The prime contractor is responsible for compliance with the requirements by all subcontractors and lower tier subcontractors. Failure of the prime contractor to comply with this requirement is grounds for local agency termination of the contract with the contractor and debarment of the contractor by the FHWA.
Name of Contractor
Address
Signature:
Date:
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07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) FHWA-1273 – Revised October 23, 2023
REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General
II. Nondiscrimination
III. Non-segregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for
Lobbying
XII. Use of United States-Flag Vessels:
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only) I. GENERAL
1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding
emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR
633.102(e).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e).
Form FHWA-1273 must be included in all Federal-aid designbuild contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or
services) in accordance with 23 CFR 633.102. The designbuilder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.
Contracting agencies may reference Form FHWA-1273 in
solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a
construction contract). 23 CFR 633.102(b).
2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d).
3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b).
The term Federal-aid highway does not include roadways
functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a).
II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)
The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.
In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504
of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the
FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA
requirements.
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1. Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5). b. The contractor will accept as its operating policy the following statement:
"It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training."
2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.
d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or
other appropriate means.
4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.
b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment.
Information and procedures with regard to referring such applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability.
The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any
evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action
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07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.
6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.
7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide 7exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.
8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable
accommodation in all employment activities unless to do so would cause an undue hardship.
9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The
contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract.
b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.
10. Assurances Required: a. This Section Intentionally Left Blank b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems
appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as nonresponsible. c. The Title VI and nondiscrimination provisions of U.S.
DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21.
11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following:
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(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women. b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and nonminority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5.
As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113.
This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101.
Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167.
The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements.
1. Minimum wages (29 CFR 5.5) a. Wage rates and fringe benefits. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid
unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis-Bacon poster (WH–1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly
submitted pursuant to paragraph 1.c. of this section, provided that:
(i) The work performed by the classification is not
performed by a classification in the wage determination for which a prevailing wage rate has been determined;
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construction industry; and
(iii) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.
(2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification. c. Conformance. (1) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional
classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage determination; and
(ii) The classification is used in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(2) The conformance process may not be used to split,
subdivide, or otherwise avoid application of classifications listed in the wage determination.
(3) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to [email protected]. The Administrator, or an
authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(4) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed
classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to [email protected], refer the
questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(5) The contracting officer must promptly notify the
contractor of the action taken by the Wage and Hour Division under paragraphs 1.c.(3) and (4) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
d. Fringe benefits not expressed as an hourly rate.
Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof. e. Unfunded plans. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
f. Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages.
2. Withholding (29 CFR 5.5) a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered
necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a
contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph 3.d. of this section, the contracting agency may on its own initiative and after written notice to the contractor, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph
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2.a. of this section or Section V, paragraph 3.a., or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.
3. Records and certified payrolls (29 CFR 5.5) a. Basic record requirements (1) Length of record retention.
All regular payrolls and other basic records must be
maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and
mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.
(2) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each
worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.
(3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must
maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
(4) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must
maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.
b. Certified payroll requirements (1) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Actscovered work is performed, certified payrolls to the contracting agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system.
(2) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly
certified payroll information may be submitted using Optional Form WH–347 or in any other format desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division website at https://www.dol.gov/sites/dolgov/files/WHD/ legacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the contracting agency. (3) Statement of Compliance. Each certified payroll
submitted must be accompanied by a “Statement of
Compliance,” signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following:
(i) That the certified payroll for the payroll period contains the information required to be provided under paragraph 3.b. of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct and complete; (ii) That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set
forth in 29 CFR part 3; and
(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually
performed, as specified in the applicable wage determination incorporated into the contract.
(4) Use of Optional Form WH–347. The weekly submission
of a properly executed certification set forth on the reverse side of Optional Form WH–347 will satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(3) of this section.
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07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) (5) Signature. The signature by the contractor,
subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature.
(6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729. (7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed. c. Contracts, subcontracts, and related documents. The contractor or subcontractor must maintain this contract or subcontract and related documents including, without
limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
d. Required disclosures and access (1) Required record
disclosures and access to workers. The contractor or
subcontractor must make the records required under
paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to
determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit such
representatives to interview workers during working hours on the job.
(2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be
precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the
contractor or person for an extension of the time for
submission of records. WHD will determine the
reasonableness of the request and may consider, among other things, the location of the records and the volume of
production.
(3) Required information disclosures. Contractors and
subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the contracting agency, the State DOT, the FHWA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.
4. Apprentices and equal employment opportunity (29 CFR
5.5) a. Apprentices (1) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the
predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship
Agency recognized by the OA withdraws approval of an
apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(2) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that
determination.
(3) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph
4.a.(4) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph 4.a.(1) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.
In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage
determination for the work actually performed.
(4) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed.
b. Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with
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Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for
apprentices and trainees under such programs will be
established by the particular programs. The ratio of apprentices and trainees to journeyworkers shall not be greater than permitted by the terms of the particular program.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5.
6. Subcontracts. The contractor or subcontractor must insert FHWA-1273 in any subcontracts, along with the applicable wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate. 29 CFR 5.5.
7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the DavisBacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5.
9. Disputes concerning labor standards. As provided in 29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their
representatives.
10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a). c. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001. 11. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or
d. Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchpersons and guards.
1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR
5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1. of this section the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment.
In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or
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07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 1. of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1. of this section.
* $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may be adjusted annually by the Department of Labor, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990.
3. Withholding for unpaid wages and liquidated damages a. Withholding process. The FHWA or the contracting agency may, upon its own action, or must, upon written
request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be
considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages;
monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the
contractor liability for which the funds were withheld. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Section IV paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.
4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower- tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.
5. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its
implementing regulations in this part;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part; c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or
d. Informing any other person about their rights under
CWHSSA or this part.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116.
1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such
specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or
rented by the prime contractor, with or without operators.
Such term does not include employees or equipment of a
subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation) (1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality of the work of the leased employees;
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07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102.
2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the
contractor under the contract provisions.
3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the
contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on longstanding interpretation of 23 CFR 635.116).
5. The 30-percent self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. 23 CFR 635.116(d).
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635).
The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108.
2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the
Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10.
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.
In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway
project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of
construction on any highway or related project submitted for approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as amended and supplemented;
Shall be fined under this title or imprisoned not more than 5 years or both."
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07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2
CFR 200.88; EO 11738)
This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related
subcontracts. 48 CFR 2.101; 2 CFR 200.327.
By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200,
Appendix II.
The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.327.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and
1200.220.
1. Instructions for Certification – First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325.
d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances. 2 CFR 180.345 and 180.350.
e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as
subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330.
g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300.
h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for
ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/). 2 CFR
180.300, 180.320, and 180.325.
i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause.
The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325.
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2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier
Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.335;.
(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d).
(5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements).
b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340.
* * * * *
3. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220. a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365.
d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200.
You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those
regulations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated. 2 CFR 1200.220 and 1200.332.
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR
180.300, 180.320, 180.330, and 180.335.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily
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* * * * *
4. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants: a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals:
(1) is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.355;
(2) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(3) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act
requirements)
b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal.
* * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed
$100,000. 49 CFR Part 20, App. A.
1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.
XII. USE OF UNITED STATES-FLAG VESSELS:
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381.
This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract.
When oceanic shipments (or shipments across the Great Lakes) are necessary for materials or equipment acquired for a specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees:
1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7.
2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime
Administration, Washington, DC 20590. (MARAD requires
copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7.
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ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL
ACCESS
ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B)
This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be,
done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available.
b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph
(1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below.
2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to
perform the contract work, (b) the number of employees
required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service.
3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required.
4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of
subparagraph (1c) above.
5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the use of mineral resource materials native to the
Appalachian region.
6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site
work.
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FAITHFUL PERFORMANCE BOND
Whereas, The City Council of the City of El Centro, State of California, and _________________________________ (hereinafter designated as “principal”) have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated __________, 20__, and identified as project _______________________________________________, is hereby referred to and made a part hereof; and
Whereas, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.
Now, therefore, we, the principal and _____________________________________, as surety, are held and firmly bound unto the City of El Centro (hereinafter designated as “El Centro”) in the penal sum of ____________________ dollars ($__________) lawful money of the United States, for the payment of which sum well and truly to be made, we bind 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 in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless El Centro, 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 therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by El Centro 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 thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
In Witness Whereof, this instrument has been duly executed by the principal and surety above named, on ______________________, 20__.
_____________________________
PRINCIPAL
_____________________________
SURETY
BY ___________________________
ATTORNEY IN FACT
END OF FAITHFUL PERFORMANCE BOND
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LABOR AND MATERIAL BOND
Whereas, The City Council of the City of El Centro, State of California, and _________________________ (hereinafter designated as “the principal”) have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, dated _____, 20 ___, and identified as project ____________________________________, is hereby referred to and made a part hereof; and
Whereas, Under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of El Centro 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, therefore, the principal and the undersigned as corporate surety, are held firmly bound unto the City of El Centro and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the agreement and referred to in Title 3 (commencing with Section 9550) of Part 6 of Division 3 of the Civil Code in the sum of ____________________________________________________ dollars ($__________), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the 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 attorney's fees, incurred by the City of El Centro in successfully enforcing this 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 3 (commencing with Section 9550) of Part 6 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 the agreement or the specifications accompanying the same shall in any manner affect its obligations 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 _____, 20___.
_______________________________
PRINCIPAL
_______________________________
SURETY
BY____________________________
ATTORNEY IN FACT
END OF LABOR AND MATERIAL BOND
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07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) WORKERS’ COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:
I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the work of this contract. _____________________________ ____________________________ Date Contractor’s Name
____________________________
Contractor’s Signature
____________________________
Title
ATTEST:
By _____________________________
Signature
___
__________________________
Title
END OF WORKERS’ COMPENSATION INSURANCE CERTIFICATE
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DRUG/ALCOHOL TESTING REQUIREMENTS
The Contractor shall execute the following form as required by the Federal Drug and Alcohol, Section 49 CFR Part 382.
I agree to comply with the provisions of Federal Omnibus Transportation Employee Testing Act of 1991, and that I will administer a program of alcohol and drug testing of all commercial vehicle operators, as required by Federal Regulations.
Contractor certifies compliance with the City of El Centro’s Drug and Alcohol Free Workplace Policy as a condition of the State Drug-Free Workplace Act of 1990 (Government Code §§8350 et seq.) and the Federal Drug Free Workplace Act of 1988 (41 U.S.C.A. sections 701 et seq.) In addition, Contractor agrees to submit a copy of its own drug free workplace policy.
Dated_____________________________
__________________________________
Contractor’s Name
__________________________________
Contractor’s Signature
__________________________________
Title
END OF DRUG/ALCOHOL TESTING REQUIREMENTS
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CORPORATE CERTIFICATION
OR
PARTNERSHIP INFORMATION
Name of Corporation or Partnership_________________________________________________ State of Incorporation_____________________________________________________________ List names and addresses of each partner, or titles, names and business addresses of President, Secretary and Treasurer.
______________________________________________________________________________ ______________________________________________________________________________ _______________________________________________________________________________ Date_____________________________ Contractor____________________________ Signature_________________________ Title________________________________ ATTEST:
________________________________________
Signature by
________________________________________
Title
END OF CORPORATE CERTIFICATION
173
07/2025/cdz/A25-0115/BidDoc/ExtSImperialAve STPL-5169(063) CONTRACTOR’S CERTIFICATION OF QUALIFICATION
FOR LICENSE CLASSIFICATION
After award of the contract, the Contractor, whether an individual, co-partnership, limited partnership, corporation, or any other combination or organization, shall execute the following form:
1. If an individual, I hereby certify that I am, or my responsible managing employee ________________________ (insert name) is, qualified for the license classification called for in these contract documents.
2. If a co-partnership or limited partnership, the general partner hereby certifies that the general partner _______________________________ (insert name), or responsible managing employee __________________________________ (insert name), is qualified for the license classification called for in these contract documents.
3. If a corporation, or any other combination or organization, the responsible managing officer _______________________________ (insert name), or a responsible managing employee ________________________________ (insert name), is qualified for the license classification called for in these contract documents.
If the individual who qualifies the Contractor for the license classification called for in these contract documents changes during the progress of the work, then Contractor shall, within seven (7) days of any such change, notify the Director of Public Works in writing of such change, including the name, license number and status of the individual.
For the purpose of this Certification, a responsible managing employee shall mean an individual who is a bona fide employee of the Contractor and is actively engaged in the classification of work for which that individual is the qualifying person on behalf of the Contractor under California law.
DATED:____________________ CONTRACTOR:___________________________________ SIGNATURE:_____________________________ TITLE:______________________________ ATTEST:
SIGNATURE BY:___________________________________________ TITLE:_______________________________________________
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WAGE RATES
(Latest edition of wage rates will be
included in this projects section on the
City Website)
Exhibit 12-G
Required Federal-Aid Contract Language
Local Assistance Procedures Manual
October 2025
EXHIBIT 12-G: REQUIRED FEDERAL-AID CONTRACT LANGUAGE
(For Local Assistance Construction Projects)
The following language must be incorporated into all Local Assistance Federal-aid construction contracts.
The following language, with minor edits, was taken from the Code of Federal Regulations.
MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE UNDER THIS
SECTION
1. SUBCONTRACTOR PROGRESS PAYMENT..................................................................................................... 2 A. This item is intentionally left blank....................................................................................................... 3 B. This item is intentionally left blank....................................................................................................... 3 C. Prompt Progress Payment.................................................................................................................... 3 D. This item is intentionally left blank..................................................................................................... 3 E. This item is intentionally left blank...................................................................................................... 4 F. This item is intentionally left blank....................................................................................................... 6 G. This item is intentionally left blank....................................................................................................... 7 H. This item is intentionally left blank......................................................................................................... 7 I. This item is intentionally left blank......................................................................................................... 8
2. BID OPENING ...................................................................................................................................................... 9
3. BID RIGGING ....................................................................................................................................................... 9
4. CONTRACT AWARD ........................................................................................................................................... 9
5. CONTRACTOR LICENSE.................................................................................................................................... 9
6. CHANGED CONDITIONS .................................................................................................................................... 9 A. Differing Site Conditions....................................................................................................................... 9 B. Suspensions of Work Ordered by the Engineer................................................................................. 9 C. Significant Changes in the Character of Work .................................................................................10
7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES ........................................10
8. BUY AMERICA................................................................................................................................................... 10
9. QUALITY ASSURANCE ....................................................................................................................................13
10. PROMPT PAYMENT ..........................................................................................................................................13
11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS ..........................13
12. FEMALE AND MINORITY GOALS................................................................................................14
13. TITLE VI ASSURANCES....................................................................................................................................15
14. FEDERAL TRAINEE PROGRAM ......................................................................................................................20
15. PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT AND SERVICES ..........................................................................................................................................................21
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2025
1. SUBCONTRACTOR PROGRESS PAYMENT
See next page for Subcontractor Progress Payment.
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2025
A. This item is intentionally left blank.
B. This item is intentionally left blank.
C. Prompt Progress Payment
In accordance with California Business and Professions Code section 7108.5, the prime contractor or subcontractor shall pay to any subcontractor, not later than seven days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed the contractor on account of the work performed by the subcontractors, to the extent of each subcontractor’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the prime contractor or subcontractor to a subcontractor, the prime contractor or subcontractor may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subcontractor, of 2 percent of the amount due per month for every month that payment is not made.
In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and nonDBE subcontractors.
D. Prompt Payment of Withheld Funds to Subcontractors
The Agency may hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The Agency shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by the prime contractor or subcontractor to a subcontractor. The Agency shall include either Method 1, Method 2, or Method 3 below and delete the other two.
Method 1: No retainage will be held by the Agency from progress payments due to the prime contractor.
Prime contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2025
contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.
Method 2: No retainage will be held by the Agency from progress payments due to the prime contractor.
Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor within seven (7) days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval.
Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.
Method 3: The Agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within seven (7) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the Agency. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.
Any violation of these provisions of Prompt Progress Payment and Prompt Payment of Withheld Funds to Subcontractors shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.
E. This item is intentionally left blank.
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2025
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2025
F. This item is intentionally left blank.
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2025
G. This item is intentionally left blank.
H. This item is intentionally left blank.
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2025
I. This item is intentionally left blank.
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2025
2. BID OPENING
The Agency publicly opens and reads bids at the time and place shown on the Notice to Contractors.
3. BID RIGGING
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.
4. CONTRACT AWARD
If the Agency awards the contract, the award is made to the lowest responsible and responsive bidder.
5. CONTRACTOR LICENSE
The Contractor must be properly licensed as a contractor from contract award through Contract acceptance (23 CFR 635.110).
6. CHANGED CONDITIONS
A. Differing Site Conditions
1. During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed.
2. Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted.
3. No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice.
4. No contract adjustment will be allowed under this clause for any effects caused on unchanged work. [This provision may be omitted by the Local Agency, at their option.] B. Suspensions of Work Ordered by the Engineer
1. If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.
2. Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted.
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2025
3. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed.
4. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.
C. Significant Changes in the Character of Work
1. The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered.
2. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair andequitable.
3. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract.
4. The term “significant change” shall be construed to apply only to the following circumstances:
• When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or
• When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed.
7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES The Contractor shall begin work within 15 calendar days after the issuance of the Notice to Proceed.
This work shall be diligently prosecuted to completion before the expiration of WORKING DAYS beginning on the fifteenth calendar day after the date shown on the Notice to Proceed.
The Contractor shall pay to the City/County the sum of $ per day, for each and every calendar days’ delay in finishing the work in excess of the number of working days prescribed above.
8. BUY AMERICA
[Include the Buy America provisions below when required by LAPM Chapter 12] Buy America Requirements apply to iron or steel, manufactured products, and construction materials permanently incorporated into the project.
Buy America requirements do not apply to the following:
1. Tools and construction equipment used in performing the work
2. Temporary work that is not incorporated into the finished project An article, materials, or supply to be permanently incorporated in the project should only be classified into one of the following categories:
1. Iron or steel products
2. Manufactured products
3. Construction materials
4. Excluded materials
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2025
Excluded materials means cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives.
Iron or Steel Products
All iron or steel products permanently incorporated into the project must be melted and manufactured in the United States except:
1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)];
2. If the total combined cost of the materials produced outside the United States does not exceed the greater of 0.1 percent of the total contract amount or $2,500, materials produced outside the United States may be used if authorized.
Iron or steel products are defined as articles, materials, or supplies that consist wholly or predominantly of iron or steel or a combination of both.
For a product to be considered to consist predominantly of iron or steel, or a combination of both means the cost of the iron or steel content of the product exceeds 50 percent of the total cost of all its components. The cost of iron or steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components.
Furnish iron or steel products to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the iron or steel were melted and manufactured. All melting and manufacturing processes for these materials, including an application of a coating, must occur in the United States. Coating includes all processes that protect or enhance the value of the material to which the coating is applied.
[Delete the paragraph below if not applicable]
The following iron or steel products have received an approved Buy America waiver for this project and are therefore not subject to Buy America requirements:
1. ________________________
2. ________________________
Manufactured Products
All manufactured products permanently incorporated into the project must be manufactured in the United States.
Manufactured products are defined as articles, materials, or supplies that have been:
1. Processed into a specific form and shape; or
2. Combined with other articles, materials, or supplies to create a product with different properties than the individual articles, materials, or supplies.
Manufacturer, in the case of manufactured products, means the entity that performs the final manufacturing process by bringing individual elements together that produces a manufactured product.
If an item is classified as an iron or steel product, a construction material, or an excluded material, then it is not a manufactured product. However, an article, material, or supply classified as a manufactured product may include components that are iron or steel products, construction materials, or excluded materials.
Iron or steel used in precast concrete manufactured products or Intelligent Transportation Systems (ITS) must meet the requirements of Iron or Steel Products regardless of the amount used.
Iron and steel used in other manufactured products must meet the requirements of section Iron or Steel Products if the cost of steel and iron components is 50 percent or more of the total cost of the manufactured product.
Furnish manufactured products to be permanently incorporated into the work with certificates of compliance with each project delivery. The manufacturer's certificate of compliance must identify where the manufacturing occurred and attest specifically to Buy America compliance.
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2025
[Delete the paragraph below if not applicable]
The following manufactured products have received an approved Buy America waiver for this project and are therefore not subject to Buy America requirements:
1. ________________________
2. ________________________
Construction Materials
Construction materials permanently incorporated into the project must be manufactured as defined in 2 CFR 184.6 in the United States.
Buy America requirements apply to the following construction materials that are or consist primarily of:
1. Non-ferrous metals
2. Plastic and polymer-based products such as:
2.1 Polyvinylchloride
2.2 Composite Building Materials
3. Glass
4. Fiber optic cable (including drop cable)
5. Optical fiber
6. Lumber
7. Engineered wood
8. Drywall
Minor additions of articles, materials, supplies, or binding agents to these construction materials do not change the categorization of the construction material.
Furnish construction materials to be incorporated into the work with certificates of compliance with each project delivery. The manufacturer’s certificate of compliance must identify where the construction material was manufactured and attest specifically to Buy America compliance. [Delete the paragraph below if not applicable]
The following construction materials have received an approved Buy America waiver for this project and are therefore not subject to Buy America requirements:
1. ________________________
2. ________________________
Buy America Waiver for De Minimis Cost for Manufactured Products and Construction Materials A De Minimis Cost Waiver can waive the application of FHWA’s Buy America requirements for manufactured products and construction materials under a single project when the total value of non-compliant manufactured products and construction materials is no more that the lesser of $1,000,000 or 5 percent of the total applicable material costs for the project.
The percent threshold is calculated based on the following formula:
X = NC / TA
where:
X = percent threshold
NC = total value of non-compliant manufactured products and construction material TA = total applicable project costs (iron or steel products, manufactured products, and construction materials; does not include excluded materials)
This threshold is based on the actual cost of the iron or steel products, manufactured products, and construction materials, not the anticipated cost of those materials. Compliant and non-compliant Agency Furnished Materials for the project must be accounted for in a De Minimis Cost Waiver Worksheet calculation, if provided by the Local Agency.
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2025
Provide copies of invoices for the actual costs of materials including transportation to the project site.
In applying a De Minimum Cost Waiver, total cost of non-compliant construction materials and manufactured products does not include the cost of any products subject to a separate Buy America waiver.
If De Minimis Cost Waiver Worksheet calculation for materials subject to Buy America is not submitted, the Local Agency may:
1. Withhold from the next progress payment
2. Reject your request for a De Minimis Costs waiver for non-compliant construction materials or manufactured products
9. QUALITY ASSURANCE
The Local Agency uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract. The Local Agency may examine the records and reports of tests the prime contractor performs if they are available at the job site. Schedule work to allow time for QAP.
10. PROMPT PAYMENT
A. FROM THE AGENCY TO THE CONTRACTORS
The Local Agency shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from the Contractor on a construction contract. If the Local Agency fails to pay promptly, the Local Agency shall pay interest to the Contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the Local Agency shall act in accordance with both of the following:
1. The Local Agency shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.
2. The Local Agency must return any payment request deemed improper by the Local Agency to the Contractor as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.
B. SUBMITTAL OF EXHIBIT 9-P
For projects awarded on or after September 1, 2023:
The Contractor must submit Exhibit 9-P to the Local Agency administering the contract by the 15th of the month following the month of any payment(s). If the Contractor does not make any payments to subcontractors, supplier(s) and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.
The Local Agency must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfall to the DBE commitment and prompt payment issues until the end of the project. The Local Agency must email a copy of Exhibit 9-P to [email protected] before the end of the month after receiving the Exhibit 9-P from the Contractor.
11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS [Form FHWA-1273 must be physically inserted into the contract without modification, excluding ATTACHMENT
A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS.]
[The current version of Form FHWA-1273 is accessible at FHWA’s website:
https://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf]
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2025
12. FEMALE AND MINORITY GOALS
To comply with Section II, "Nondiscrimination," of "Required Contract Provisions Federal-Aid Construction Contracts," the following are for female and minority utilization goals for Federal-aid construction contracts and subcontracts that exceed $10,000:
The nationwide goal for female utilization is 6.9 percent.
The goals for minority utilization (45 Fed Reg 65984 (10/3/1980)) are as follows:
MINORITY UTILIZATION GOALS
Economic
Area
Goal
(Percent)
174 Redding CA:
Non-SMSA (Standard Metropolitan Statistical Area) Counties:
CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama
6.8 175
Eureka, CA
Non-SMSA Counties:
CA Del Norte; CA Humboldt; CA Trinity
6.6 San Francisco-Oakland-San Jose, CA:
28.9 25.6
19.6 14.9
9.1 17.1
23.2 SMSA Counties:
7120 Salinas-Seaside-Monterey, CA
CA Monterey
7360 San Francisco-Oakland
CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo 7400 San Jose, CA
176 CA Santa Clara, CA
7485 Santa Cruz, CA
CA Santa Cruz
7500 Santa Rosa
CA Sonoma
8720 Vallejo-Fairfield-Napa, CA
CA Napa; CA Solano
Non-SMSA Counties:
CA Lake; CA Mendocino; CA San Benito
177
Sacramento, CA:
SMSA Counties:
6920 Sacramento, CA
CA Placer; CA Sacramento; CA
Yolo Non-SMSA Counties
CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba
16.1 14.3
Stockton-Modesto, CA:
SMSA Counties:
5170 Modesto, CA 12.3
178 CA Stanislaus
8120 Stockton, CA 24.3
CA San Joaquin
Non-SMSA Counties 19.8
CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne Fresno-Bakersfield, CA
SMSA Counties:
179 0680 Bakersfield, CA 19.1
CA Kern
2840 Fresno, CA
CA Fresno
26.1
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2025
Non-SMSA Counties:
CA Kings; CA Madera; CA Tulare
23.6 Los Angeles, CA:
11.9 28.3
21.5 19.0
19.7 24.6
SMSA Counties:
0360 Anaheim-Santa Ana-Garden Grove, CA
CA Orange
4480 Los Angeles-Long Beach, CA
CA Los Angeles
180 6000 Oxnard-Simi Valley-Ventura, CA
CA Ventura
6780 Riverside-San Bernardino-Ontario, CA
CA Riverside; CA San Bernardino
7480 Santa Barbara-Santa Maria-Lompoc, CA
CA Santa Barbara
Non-SMSA Counties
CA Inyo; CA Mono; CA San Luis Obispo
San Diego, CA:
16.9 18.2
SMSA Counties
181 7320 San Diego, CA
CA San Diego
Non-SMSA Counties
CA Imperial
For the last full week of July during which work is performed under the contract, the prime contractor and each non material-supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230). Submit the forms by August 15.
13. TITLE VI ASSURANCES
[The U.S. Department of Transportation Order No.1050.2A requires all federal-aid Department of Transportation contracts between an agency and a contractor to contain Appendix A and E.
Note: Appendix B only requires inclusion if the contract impacts deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein. Appendices C and D only require inclusion if the contract impacts deeds, licenses, leases, permits, or similar instruments entered into by the recipient.]
APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows:
a. Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. b. Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2025
d. Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information. e. Sanctions for Noncompliance: In the event of CONTRACTOR’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a subapplicant or supplier as a result of such direction, CONTRACTOR may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.
APPENDIX B
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:
NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, NonPage 416 of 794 Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2025
discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)
APPENDIX C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE
ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a):
A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.*
C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2025
APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE
ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient pursuant to the provisions of Assurance 7(b):
A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.
B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns.
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following non-discrimination statutes and authorities, including, but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2025
the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and LowIncome Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2025
Federal Trainee Program Special Provisions
[to be used when applicable]
14. FEDERAL TRAINEE PROGRAM
For the Federal training program, the number of trainees or apprentices is .
This section applies if a number of trainees or apprentices is shown on the Notice of Bidders.
As part of the prime contractor’s equal opportunity affirmative action program, provide on-the-job training to develop full journeymen in the types of trades or job classifications involved.
The prime contractor has primary responsibility for meeting this training requirement.
If the prime contractor subcontracts a contract part, they shall determine how many trainees or apprentices are to be trained by the subcontractor. Include these training requirements in each subcontract.
Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of apprenticeship or training.
Distribute the number of apprentices or trainees among the work classifications on the basis of the prime contractor’s needs and the availability of journeymen in the various classifications within a reasonable recruitment area.
Before starting work, the prime contractor shall submit to the City/County of :
1. Number of apprentices or trainees to be trained for each classification
2. Training program to be used
3. Training starting date for each classification
The prime contractor shall obtain the City/County of approval for this submitted information before the prime contractor starts work. The City/County of credits the prime contractor for each apprentice or trainee the prime contractor employs on the job who is currently enrolled or becomes enrolled in an approved program.
The primary objective of this section is to train and upgrade minorities and women toward journeyman status.
The prime contractor shall make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and women apprentices or trainees, to the extent they are available within a reasonable recruitment area and show that they have made the efforts. In making these efforts, the prime contractor shall not discriminate against any applicant for training.
The prime contractor shall not employ as an apprentice or trainee an employee:
1. In any classification in which the employee has successfully completed a training course leading to journeyman status or in which the employee has been employed as a journeyman
2. Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship and Training
The prime contractor shall ask the employee if the employee has successfully completed a training course leading to journeyman status or has been employed as a journeyman. The prime contractor’s records must show the employee's answers to the questions.
In the training program, the prime contractor shall establish the minimum length and training type for each classification. The City/County of and FHWA approves a program if one of the following is met:
1. It is calculated to:
• Meet the equal employment opportunity responsibilities • Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of the training period
2. It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, and it is administered in a way consistent with the equal employment responsibilities of Federal-aid highway construction contracts
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2025
The prime contractor shall obtain the State's approval for their training program before they start work involving the classification covered by the program.
The prime contractor shall provide training in the construction crafts, not in clerk-typist or secretarial-type positions. Training is allowed in lower-level management positions such as office engineers, estimators, and timekeepers if the training is oriented toward construction applications. Training is allowed in the laborer classification if significant and meaningful training is provided and approved by the division office. Off-site training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training.
The City/County of reimburses the prime contractor 80 cents per hour of training given an employee on thiscontract under an approved training program:
1. For on-site training
2. For off-site training if the apprentice or trainee is currently employed on a Federal-aid project and prime contractor does at least one of the following:
a. Contribute to the cost of the training
b. Provide the instruction to the apprentice or trainee c. Pay the apprentice's or trainee's wages during the off-site training period
3. If the prime contractor complies with this section.
Each apprentice or trainee must:
1. Begin training on the project as soon as feasible after the start of work involving the apprentice's or trainee's skill
2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work classification or until the apprentice or trainee has completed the training program Furnish the apprentice or trainee a:
1. Copy of the training plan approved by the U.S, Department of Labor or a training plan for trainees approved by both Caltrans and FHWA
2. Certification showing the type and length of training satisfactorily completed Maintain records and submit reports documenting contractor’s performance under this section.
15. PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT AND
SERVICES
In response to significant national security concerns, the agency shall check the prohibited vendor list before making any telecommunications and video surveillance purchase because recipients and subrecipients of federal funds are prohibited from obligating or expending loan or grant funds to:
• Procure or obtain;
• Extend or renew a contract to procure or obtain; or
• Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
The prohibited vendors (and their subsidiaries or affiliates) are:
• Huawei Technologies Company;
• ZTE Corporation;
• Hytera Communications Corporation;
• Hangzhou Hikvision Digital Technology Company;
• Dahua Technology Company; and
• Subsidiaries or affiliates of the above-mentioned companies.
Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
October 2025
In implementing the prohibition, the agency administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.
The contractors should furnish telecommunications and video surveillance equipment with a certificate of compliance. The certificate must state telecommunications and video surveillance equipment was not procured or obtained from manufacturers identified in the above list.
City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243
SUBMITTED
ACTION ITEM (ID # 2026-34)
Item: 10.
Meeting: 2/17/2026 3:30 PM
Department: Public Works
Category: Presentation
Prepared by: Abraham Campos, Public
Works Director/City Engineer
Department Head: Abraham Campos
DOC ID: 2026-34
Diagonal parking proposal surrounding Christ Community Church on 5th and 6th Street
CITY MANAGER'S RECOMMENDATION:
Provide staff comments and direction as requested.
FISCAL IMPACT:
Minor on-going maintenance cost on gas tax funds or Measure D LTA funds.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
City Beautification, Engagement & Civic Pride
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKS, INSURANCE, ETC.:
NA
BACKGROUND:
The City received a request from Christ Community Church, located at 590 W. Orange Avenue, to modify on-street parking configurations on 5th and 6th streets, adjacent to the church property. The request proposes converting the existing parallel parking to diagonal parking on one side of the roadway, where the curb-to-curb width appears to accommodate such a configuration consistent with applicable design standards.
During staff review, it was noted that the proposed striping plan extends beyond the street frontage immediately adjacent to the church property and includes additional blocks fronted by private residences and apartment complexes. The limits include 5th Street and 6th Street, both between Orange Avenue and Olive Avenue. According to the church, they have coordinated with the affected property owners and have indicated that those property owners are supportive of the proposed parking changes.
The City’s Municipal Code Chapter 17, Article II, Division 3 provides the authority for the Public Works Director/City Engineer to stripe and sign streets for traffic and parking purposes. However, given the broader impacts of the request, including changes in parking configuration on residential frontages, long-term maintenance considerations, and potential policy implications, staff is bringing the item forward to City Council for comment and direction prior to considering any approval of the proposed striping layout.
The church has indicated a willingness to fund the initial cost of the proposed pavement striping.
DISCUSSION:
Potential Benefits of Diagonal Parking
Diagonal parking can offer several advantages in certain contexts:
• Increased Parking Supply: Compared to parallel parking, diagonal parking typically increases the total number of on-street parking spaces along a block. • Event-Based Demand Relief: The additional parking may help address short-term peak parking demand during church services or special events, potentially reducing parking pressure on surrounding streets.
• Defined Parking Areas: Striping can provide clearer organization of parking, which may reduce informal or inefficient parking practices.
Potential Concerns and Trade-Offs
While diagonal parking can be effective in appropriate locations, it also presents several considerations:
• Safety and Visibility: Diagonal parking generally requires vehicles to back into the travel lane when exiting spaces, which can increase conflicts with moving traffic, bicyclists, and pedestrians compared to parallel parking. • Residential Compatibility: The proposed striping extends beyond the church frontage into blocks primarily serving residential and multi-family uses. Permanent changes to parking configuration in these areas may alter neighborhood character and set expectations for similar requests elsewhere in the City. • Traffic Operations: Diagonal parking can narrow effective travel lanes and may affect emergency vehicle access, refuse collection, and street sweeping operations depending on final dimensions.
• Precedent: Approval of diagonal parking primarily to serve a single land use may prompt similar requests from other institutions or businesses, particularly in the downtown or mixed-use areas.
Maintenance and Long-Term City Impacts
Although the church has offered to pay for the initial striping, the following ongoing responsibilities would remain with the City:
• Pavement Marking Maintenance: On-street parking striping requires periodic restriping due to wear, weathering, and resurfacing projects. • Signage Maintenance: Any associated parking regulation signs would be owned and maintained by the City.
• Future Modifications: If traffic conditions, safety concerns, or policy priorities change, the City may incur costs to modify or remove the diagonal parking in the future.
• Operational Adjustments: Changes to parking configuration may require adjustments to street sweeping routes, enforcement practices, or traffic control measures.
CONCLUSION:
This agenda item is presented for Council comment and policy guidance. Staff is seeking direction on:
• Whether diagonal parking should be considered beyond the frontage of the
requesting property;
• How private funding of initial improvements should be weighed against long-term City maintenance obligations; and
• Any conditions or limitations Council would like staff to incorporate should a parking reconfiguration be approved.
Council feedback will be used to inform staff’s evaluation and any potential approval of the final striping layout.
ATTACHMENTS:
1. 25-035 CHURCH STRIPING 9-18-25
City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243
SUBMITTED
ACTION ITEM (ID # 2026-33)
Item: 11.
Meeting: 2/17/2026 3:30 PM
Department: Public Works
Category: Action Item
Prepared by: Gabriel Martinez, Public
Works
Department Head: Abraham Campos
DOC ID: 2026-33
Tag Alleyview Paving Project - Approval of Plans and Specifications CITY MANAGER'S RECOMMENDATION:
Approve the Plans and Specifications for the Tag Alleyview Paving Project and authorize the soliciting of bids.
FISCAL IMPACT:
No Impact to the General Fund.
$3,485,940 funded through the Target Airshed Grant (TAG) obtained by PW staff through ICAPCD.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Environmental Sustainability & Infrastructure
City Beautification, Engagement & Civic Pride
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKS, INSURANCE, ETC.:
NA
BACKGROUND:
The City of El Centro is constantly applying for grants that will reduce pollutants and provide environmental benefits.
The City currently has 59,426 linear feet (11.25 miles) of unpaved alleyways which contribute PM2.5 emissions as they may be the primary access routes for some residents' homes, secondary dwellings or apartment parking.
On June 2021, City staff submitted a grant application to the Imperial County Air Pollution Control District for funding to pave selected alleyways within the City of El Centro under the Targeted Airshed Grant Program for reduction of PM 2.5 and PM 10 (dust).
City Council approved a funding agreement from the Imperial County Air Pollution Control District in the amount of $3,485,940 for the paving of alleyways project under the Target Air Shed Grant and authorized the City Manager to sign the funding agreement under Resolution No. 22-95 on August 16, 2022.
On April 04, 2023, the Imperial County Board of Supervisors approved and thus executed the funding agreement.
City staff then reached out to Nicklaus Engineering Inc. for a proposal for design services under the existing On-Call Contract for General Civil Engineering Services.
Nicklaus Engineering Inc. provided a proposal for design services to improve 30 alleyway segments within the City of El Centro, including pavement and drainage improvements.
DISCUSSION:
Public Works staff contracted Nicklaus Engineering, Inc. to provide design services for this project, including the preparation of plans and technical specifications to pave 30 alleys, totaling approximately 13,908 linear feet, throughout the City.
The proposed project will not only reduce PM2.5 emissions, but will also improve residents’ quality of life by creating a more walkable, better-connected, and more enjoyable El Centro. The improvements will provide equitable, safe, and convenient access to schools, parks, public transit, and commercial areas.
On January 29, 2026, the City's staff received from Nicklaus the final plans for construction.
Below is a tentative schedule for this project:
Approval of Plans and Specifications February 17, 2026
Advertise February 21, 2026
Bid Open March 26, 2026
Award April 21, 2026
Start Construction May, 2026
End Construction July, 2026
Grant Closeout August, 2026
CONCLUSION:
Approve Plans and Specifications for the Tag Alleyview Paving Project and authorize staff to release for public bidding.
ATTACHMENTS:
1. TAG project Volume 1 specs
2. 100% - SPECIAL PROVISIONS - TAG Alleyway project - COEC
3. COEC-TAG ALLEYWAY 100% PLANS
City of El Centro
TAG Alleyway Paving Project
TAG ALLEYWAY PAVING PROJECT
TABLE OF CONTENTS
PAGE
NOTICE INVITING SEALED PROPOSALS (BIDS) NIB 1 - 6
BIDDING DOCUMENTS BD 1 - 26
CONTRACT DOCUMENTS CD 1 - 27
Agreement CD 1 - 14
Performance Bond CD 15-16
Payment Bond CD 17-18
Public Contract Code Section 22300 CD 19-23
Public Contract Code Section 9204 CD 24-27
GENERAL CONDITIONS GC 1- 71
SUPPLEMENTAL GENERAL CONDITIONS SGC 1 - 3
SPECIFICATIONS S 1 – 1
SPECIAL PROVISIONS SP 1- 66
City of El Centro
TAG Alleyway Paving Project
01/2026/A25-0028/BidDocs
NIB 1
NOTICE INVITING BIDS
PROJECT TITLE: TAG ALLEYWAY PAVING PROJECT
RECEIPT OF BIDS: The City of El Centro (“City” or “OWNER") will accept sealed Bids for the Tag Alleyway Paving Project (“Project”) at the office of the City Clerk located at 1275 Main Street, El Centro, CA 92243, until 2:00 p.m. on March 26, 2026.
DESCRIPTION OF WORK: The WORK includes but is not limited to:
Furnishing all labor, materials, equipment, and other incidental and appurtenant work necessary to complete the improvements shown on the Project plans. The WORK includes, but is not limited to: mobilization; traffic control; cleaning and grubbing; construction surveying and staking; sawcutting and removal of existing asphalt concrete pavement, aggregate base, and concrete improvements; unclassified excavation and grading; disposal of unsuitable materials; installation of new aggregate base course; placement of new asphalt concrete pavement; construction of new concrete valley gutters and related drainage improvements; adjustment of existing utilities to grade; material testing; and restoration of disturbed areas. The WORK shall be performed in accordance with the Bidding Documents, General Conditions, Supplemental General Conditions, Specifications, Special Provisions, and Contract Documents.
SITE OF WORK: The site of the WORK is located at various streets as described in the Contract Documents.
COMPLETION OF WORK: The WORK must be completed within (90) calendar days after the commencement date stated in the Notice to Proceed.
OPENING OF BIDS: The Bids will be publicly opened and read at 2:00 PM on March 26, 2026 at the office of the City Clerk located at 1275 Main Street, El Centro, CA 92243.
OBTAINING CONTRACT DOCUMENTS: The Contract Documents are entitled “TAG ALLEYWAY PAVING PROJECT.”
The Contract Documents are available through Planet Bids, by accessing our website (www.cityofelcentro.org) and selecting “GOVERNMENT> PUBLIC WORKS> BIDS & PROPOSALS> PROCEED TO SITE” from the drop down menu or by visiting https://pbsystem.planetbids.com/portal/41180/portal-home MANDATORY PRE-BID CONFERENCE: Bidders are required to attend a pre-bid meeting, which will be conducted by City’s CONSTRUCTION MANAGER at 10:00 A.M. on March 3, 2026. The meeting will be held at the City of El Centro, Public Works Conference Room located at 307 W. Brighton Ave., El Centro, CA 92243. The object of the meeting is to acquaint Bidders with the site conditions and mandatory bidding requirements and subcontractors of subcontracting
City of El Centro
TAG Alleyway Paving Project
01/2026/A25-0028/BidDocs
NIB 2
and material supply opportunities. At that meeting, City’s Equal Opportunity Program goals and reporting procedures will be discussed.
QUESTIONS: Technical questions should be directed to OWNER through the Planet Bids portal.
Questions must arrive at least ten (10) calendar days prior to the bid opening to allow time for distributing answers and/or clarifications to plan holders.
CITY’S RESPONSES: Responses to questions that may be asked will be provided by written Addenda through the Planet Bids portal. All such Addenda shall become part of the Contract Documents and all Bidders shall be bound by such Addenda. No oral comments shall be of any force or effect with respect to this solicitation.
REQUIRED DOCUMENTS AT BID TIME:
The bid shall be considered incomplete and be disqualified if any of the required BIDDING DOCUMENTS in pages BD8 to BD26 of this solicitation are not provided as instructed.
BID SECURITY: Each Bid shall be accompanied by a certified or cashier’s check or bid bond in the amount of ten (10) percent of the total Bid price payable to the City of El Centro as a guarantee that the Bidder, if it’s bid is accepted, will promptly execute the Agreement. A bid shall not be considered unless one of the forms of bid security is enclosed with it.
BIDS TO REMAIN OPEN: The Bidder shall guarantee the total Bid price for a period of one hundred twenty (120) calendar days from the date of Bid opening.
CONTRACTOR’S LICENSE CLASSIFICATION: In accordance with the provisions of California Law, OWNER has determined that CONTRACTOR shall possess a valid Class A California contractor’s license at the time that the Bid is submitted. Failure to possess the specified license shall render the Bid non-responsive and shall act as a bar to award of the Agreement to any Bidder not possessing said license at the time of Bid.
CALIFORNIA WAGE RATE REQUIREMENTS: In accordance with the provisions of California Labor Code sections 1770 et seq. as amended, the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with the standards set forth in such sections for the locality in which the WORK is to be performed.
A copy of said wage rates is on file at the office of OWNER. It shall be mandatory for CONTRACTOR to whom the WORK is awarded, and upon any Subcontractor under CONTRACTOR, to pay not less than said specified rates to all workers employed by them in the execution of the WORK.
CONTRACTOR AND SUBCONTRACTOR REGISTRATION WITH DEPARTMENT OF INDUSTRIAL RELATIONS: Labor Code section 1771.1 provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Public Contract Code section 4104, or engage in the performance of any contract for public
City of El Centro
TAG Alleyway Paving Project
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work, as that term is defined in Chapter 1, Part 7, Division 2 of the Labor Code, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5. Labor Code section 1771.1 also provides that it is not a violation of that section for an unregistered contractor to submit a bid that is authorized by Business and Professions Code section 7029.1 or by Public Contract Code section 10164, provided the contractor is registered to perform public work pursuant to Labor Code section 1725.5 at the time the contract is awarded.
This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
RETAINAGE FROM PAYMENTS: CONTRACTOR may elect to receive one hundred (100%) percent of payments due under the Contract Documents from time to time, without retention of any portion of the payment by OWNER, by depositing securities of equivalent value with OWNER in accordance with the provisions of section 22300 of the Public Contract Code, attached and incorporated as pages CD19 to CD23, as if fully set forth herein. Such securities, if deposited by CONTRACTOR, shall be valued by OWNER, whose decision on valuation of the securities shall be final. Securities eligible for investment under this provision shall be limited to those listed in section 16430 of the Government Code, bank or savings and loan certificates of deposit, interestbearing demand deposit accounts, standby letters of credit or any other security mutually agreed to by CONTRACTOR and OWNER.
FILING OF BID PROTESTS: By submitting a Bid, each Bidder hereby agrees and understands that the Bidder must comply with these protest procedures and exhaust all administrative remedies set forth herein prior to the initiation of any type of related legal action. With the express written Contract of the City and Bidder, and subject to the requirements of applicable law, this protest procedure can also be used to resolve issues surrounding City’s determination of a Bidder as not responsible. The following terms as used in this Section shall have the following meanings:
“Protest” shall mean a written objection by an interested party or affected party to (i) the requirements or specifications contained in the Notice to Bidders or any portion of documents accompanying that notice; or (ii) a proposed award recommendation protest.
A. Solicitation Phase Protest. The purpose of the solicitation is to obtain competitive Bids from Bidders. Any Bidder who has submitted a Bid and who believes that a free and open competition has not taken place or that a particular specification or requirement is impractical, unduly restrictive, or ambiguous may advise City of its concerns by submitting a detailed Solicitation Protest Statement in accordance with the requirements set forth below in this Section A. The Protest does not replace the requirement to report irregularities in the bid documents.
City of El Centro
TAG Alleyway Paving Project
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(1) Contents and Requirements
A solicitation protest must be submitted to the contact named in the Bid documents by personal delivery or email by close of business at least fifteen (15) calendar days prior to the Bid due date, and must contain all of the following to be considered:
a. The name, address, and telephone number of the protester; and b. The Project Name and Project Number; and
c. A detailed statement setting forth the grounds for protest, which shall include all the factual and legal documentation in support of the protest in sufficient detail to establish merits of the protest; and d. The desired resolution of the protest.
If the submitted protest does not comply with the requirements set forth herein, then it will not be considered for evaluation and will be returned to the protestor. Any grounds for protest not raised are waived. The protest may not be amended after filing. The protest is a public document.
(2) Evaluation and Determination
No hearing will be held on the protest. City’s Public Works Director will review the protest and any supporting material and conduct an investigation of the facts.
He/she may, but need not, require other Bidders to submit statements or arguments regarding the protest and may discuss the protest with the protestor.
The Public Works Director shall issue a final written decision regarding any solicitation protest to each Bidder prior to Bid opening. The written decision will cite any actions that will or will not be taken in response to the protest. That decision shall be final, and there shall be no further administrative recourse.
B. Protest of Award
(1) Contents and Requirements
Following the opening of the Bids, any unsuccessful Bidder may protest City’s proposed award of the Contract by submitting a protest to the Public Works Director no later than close of business on the fifth business day. That protest must be submitted in a timely manner, signed by the protesting Bidder, must contain all of the following to be considered:
a. The name, address, and telephone number of the protestor; and b. The Project Name and Project Number; and
c. The City action or recommendation that is being protested;