2022-06-13_item_4.15_award_construction_contract_to_american_pavement_systems_inc._for_cip_ps_21-12

ITEM 4. 15

CITY MANAGER' S REPORT
JUNE 13, 2022 CITY COUNCIL REGULAR MEETING
ITEM: AWARD CONSTRUCTION CONTRACT TO AMERICAN
PAVEMENT SYSTEMS INC. FOR THE PAVEMENT

MAINTENANCE AND REHABILITATION, CAPITAL
IMPROVEMENT PRO] ECT PS 21- 12
RECOMMENDATION: Adopt Resolution Awarding a Construction Contract to American Pavement Systems Inc. for the
Pavement Maintenance and Rehabilitation, Capital
Improvement Project PS 21- 12
SUMMARY:

On April 12, 2021, City Council created Capital Improvement Project ( CIP) PS 21- 12 Pavement Maintenance and Rehabilitation ( Project) to maintain and repair deteriorated pavement on local streets. The Project consists of slurry sealing and restriping various roadways throughout the City. It will utilize funds from the federal government through the Regional Surface Transportation Program ( RSTP) managed by the San Joaquin Council of Governments ( SJCOG).

After receiving approval from Caltrans on the environmental phase, City staff proceeded with the design phase and prepared the plans and technical specifications on April 29, 2022. The bid solicitation package for the construction of the Project was advertised on May 4, 2022 in accordance with Public Contract Code 22032 and Lathrop Municipal Code ( LMC) Section 2. 36. 060.

A total of three ( 3) bids were received and opened by City Clerk on May 24, 2022.

Based on review and evaluation of the bids, the lowest responsive and responsible bidder for the project was determined to be American Pavement Systems Inc. ( APS) with a bid amount of $ 1, 204, 294.

Staff is requesting City Council award a construction contract to American Pavement Systems Inc. for the construction of CIP PS 21- 12 Pavement Maintenance and Rehabilitation in the amount of $ 1, 204, 294. Staff also requests City Council authorize a 15% construction contingency of $ 180, 650 for a total cost not to exceed 1, 384, 950.

BACKGROUND:

On April 12, 2021, City Council approved the creation of the Pavement Maintenance and Rehabilitation, CIP PS 21- 12 to maintain and repair deteriorated pavement on local streets. The Project consists of slurry sealing and re- striping various roadways throughout the City by using funds from the federal government through the RSTP managed by SJCOG.

CITY MANAGER' S REPORT PAGE 2
UNE 13, 2022 CITY COUNCIL REGULAR MEETING

AWARD CONSTRUCTION CONTRACT TO AMERICAN PAVEMENT SYSTEMS, INC. FOR THE PAVEMENT MAINTENANCE AND REHABILITATION, CIP PS 21- 12
After receiving approval from Caltrans on the environmental phase, City staff prepared the plans and technical specifications on April 29, 2022. The bid solicitation package for the construction of the Project was advertised on May 4, 2022 in accordance with Public Contract Code 22032 and LMC Section 2. 36. 060.

A total of three ( 3) bids were received, each determined to be responsive and responsible. The bid results are summarized in Table 1 below:

Table I: Summar of Bid Resu/ ts
Contractor Total Bid
American Pavement S stems Inc. 1, 204, 293. 40
VSS International, Inc. 1, 447, 000. 00
Pavement Coatin s Co. 1, 516, 119. 10
Staff reviewed and evaluated the bids, and determined that the lowest responsive and responsible bidder is American Pavement Systems Inc. ( APS). Staff requests City Council adopt a resolution awarding a construction contract to APS for the amount of 1, 204, 294. Staff also request City Council authorize a 15% construction contingency of $ 180, 650, and authorize staff to spend the contingency as necessary to achieve the goals of the project for a total cost not to exceed $ 1, 384, 950.

REASON FOR RECOMMENDATION:

The existing asphalt on several streets needs to be maintained. These current deteriorating pavement conditions warrant the project for the City' s road maintenance and repair program. Approving the contract with American Pavement Systems Inc. will allow for the construction of the project and the resurfacing of the damaged pavement.

FISCAL IMPACT:

Staff requests City Council award a construction contract to APS for the amount of 1, 204, 294, and authorize a 15% construction contingency of $ 180, 650, for a total cost not to exceed $ 1, 384, 950. Sufficient funds were included in the adopted Fiscal Year 21/ 22 budget for CIP PS 21- 12 to fund the construction.

CITY MANAGER' S REPORT PAGE 3
UNE 13, 2022 CITY COUNCIL REGULAR MEETING

AWARD CONSTRUCTION CONTRACT TO AMERICAN PAVEMENT SYSTEMS, INC. FOR THE PAVEMENT MAINTENANCE AND REHABILITATION, CIP PS 21- 12
ATTACH M E NTS:

A. Resolution Awarding a Construction Contract to American Pavement Systems Inc. for the Pavement Maintenance and Rehabilitation, Capital Improvement Project PS 21- 12
B. Construction Contract with American Pavement Systems Inc. for the Pavement Maintenance and Rehabilitation, CIP PS 21- 12
C. Project Location Map
CITY MANAGER' S REPORT PAGE 4
JUNE 13, 2022 CITY COUNCIL REGULAR MEETING

AWARD CONSTRUCTION CONTRACT TO AMERICAN PAVEMENT SYSTEMS, INC. FOR THE PAVEMENT MAINTENANCE AND REHABILITATION, CIP PS 21- 12
APPROVALS:
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Angel A arca Date
Assistant Engineer
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Ken Reed Date
Sen' r Construction Manager
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Cari Ja Date
Finance Dir r
Co- Z - ZoZZ
Michael King G Date
Assistant City Manager
6' 7- ZZ
Salvador Navarrete Date
City Attorney
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Ste en J. Salvatore Date
City Manager
RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP AWARDING A CONSTRUCTION CONTRACT TO AMERICAN PAVEMENT SYSTEMS INC. FOR

THE PAVEMENT MAINTENANCE AND REHABILITATION, CAPITAL
IMPROVEMENT PRO) ECT PS 21- 12
WHEREAS, on April 12, 2021, City Council approved the creation of Capital Improvement Project ( CIP) PS 21- 12 Pavement Maintenance and Rehabilitation Project) to maintain and repair deteriorated pavement on local streets; and WHEREAS, the Project consists of slurry sealing and re- striping various roadways throughout the City by using funds from the federal government through the Regional Surface Transportation Program ( RSTP) managed by the San Joaquin Council of Governments ( SJCOG); and
WHEREAS, after receiving approval from Caltrans on the environmental phase, City staff proceeded with the design phase and prepared the plans and technical specifications on April 29, 2022 in accordance with Public Contract Code 22032 and the Lathrop Municipal Code ( LMC) Section 2. 36. 060; and WHEREAS, a total of three ( 3) bids were received and opened by the City Clerk on May 24, 2022; and
WHEREAS, upon review and evaluation of the bids, the lowest responsive and responsible bidder for the Project was determined to be American Pavement Systems Inc. with a bid of $ 1, 204, 294; and
WHEREAS, staff requests City Council award a construction contract to American Pavement Systems Inc. ( APS) in the amount of $ 1, 204, 294; and WHEREAS, staff also requests Council authorize a 15% construction contingency in the amount of $ 180, 650 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed 1, 384, 950; and
WHEREAS, sufficient funds were included in the adopted Fiscal Year 21/ 22 budget for CIP PS 21- 12 to fund the construction.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby awards a construction contract to American Pavement Systems Inc. for the Pavement Maintenance and Rehabilitation, CIP PS 21- 12 for a cost of 1, 204, 294.

BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a 15% construction contingency in the amount of $ 180, 650 for a total cost not to exceed $ 1, 384, 950 for the construction and authorizes staff to spend up to this amount as necessary to accomplish the goals of the project.

The foregoing resolution was passed and adopted this 13t'' day of June 2022, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney

ATTACHMENT B

CONTRACT FOR
PAVEMENT MAINTENANCE AND REPAIR PROJECT, CIP PS 21- 12
FEDERAL AID PROJECT STPL 5456 ( 021)

LATHROP, CA
This Contract, dated June 13, 2022, is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and American Pavement Systems Inc., ( Contractor), whose Taxpayer ldentification Number is
For and in consideration of the following covenants, terms and conditions, City and Contractor( the parties) agree:

L Term. This Contract shall commence on, and be binding on the parties on, the date of execution of this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract.

2. General Scope of Project and Wark. Construction Documents for Pavement Maintenance and Repair Project, CIP PS 21- 12 ( Project). Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as follows:

The wark to be performed under this contract includes all work contained in the Construction Documents, as detailed in Paragraph 3 below, including, but not limited to crack sealing and road surface preparation, application of ARAM and Microsurfacing and removal and reapplication of traffic striping and pavement markings; and any task necessary to accomplish the aforementioned tasks.

The work shall be completed within 40 working days following issuance of Notice to Proceed.

The Work shall be complete, and all appurtenant work, materials, and services not expressly shown or called for in the Construction Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished, and installed by the Contractor as though originally specified or shown. The Contractor will be compensated for work actual work performed in accordance with the unit prices and provisions contained in these Construction Documents.

Base Bid Total: 1, 204, 293. 40 ( One Million Two Hundred Four Thousand Two Hundred Ninety- Three Dollars and FortY Cents)

3. Construction Documents. This Contract shall include the Construction Documents which are on file with the Public Works Department and are hereby incorporated by reference ( i. e. Project Specifications, Project Plans, addenda, performance bond, labor and materials bond, certification of insurance, workers' compensation certification, and guaranty) and the Bid Documents submitted by American Pavement Systems Inc. on May 24, 2022. For the purposes of construing, interpreting and resolving inconsistencies between the provisions of this Contract, these documents and the provisions thereof are set forth in the order of precedence described in Article 3 of the General Conditions.

4. Com ensation. In consideration of Contractor' s performance of its obligations hereunder, City shall pay to Contractor the amount set forth in Contractor' s Bid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Construction Documents. Contractor hereby shall not be permitted to invoice the City nor accept compensation for work not yet complete. In no event, shall the Contractor be entitled to payment for work not included in the approved scope of work, a written task order, or change order signed by the City' s Public Works Director prior to commencement of any work.

5. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in Section 4 of the Contract Specificatioins on terms and conditions and in amounts as may be required by the City. City shall not be obligated to take out insurance on Contractor' s personal property or the personal property of any person performing labor or services or supplying materials or equipment under the Project. Contractor shall furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract.

6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and construction manager harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' s noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor' s failure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to perform the terms and conditions of this Contract, except as may arise from the sole willful or negligent act or omission of City or any of its Ciry Council members, officers, employees. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter.

7. Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused by the sole willful or negligent act or omission of City or any of its City Council members, officers, or employees.

8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision ofthis Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.

9. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Wark and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.

DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING UNIT DIR Registration.
a) Contractor and Subcontractor Compliance. Strict compliance with DIR registration requirements pursuant to Labor Code Section 1725. 5 is a material obligation ofthe Contractor under the Contract Documents. The foregoing includes without limitation, compliance with DIR Registration requirements at all times during performance of the Work by the Contractor and all Subcontractors of any tier. The failure of the Contractor and all Subcontractors of every tire to be DIR registered at all times during the performance of the Work is the Contractor' s default of a material obligation of the Contractor under the Contract Documents.
b) No Subcontractor Performance of Work Without DIR Registration. No portion of the Work is permitted to be performed by a Subcontractor of any tier unless the Subcontractor is a DIR Registered contractor.
c) Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and ongoing obligation of the Contractor under the Contract Documents is the Contractor' s verification that all Subcontractors, of all tiers, are at all times during performance of Wark in full and strict compliance with DIR Registration requirements. The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work without the Contractor' s verification that all such Subcontractors are in full and strict compliance with DIR Registration requirements. d) Contractor Obligation to Request Substitution of Non- DIR Registered Subcontractor. If any Subcontractor identified in the Contractar' s Subcontractor List submitted with the Contractor' s proposal for the Work is not DIR Registered at the time of opening of proposals for the Work or if a Subcontractor' s DIR registration lapses prior to or during a Subcontractor' s performance of Work, the Contractor shall request the CITY' s consent to substitute the non- DIR registered Subcontractor pursuant to Labor Code Section l 771.]( c)( 3) and/ or Labor Code Section l 771. 1( d).

Certified Payroll Records
a) Compliance with Labor Code Section 1771. 4 and 1776. A material obligation of the Contractor under the Contract Documents is: ( i) the Contractor' s strict compliance with the requirements pursuant to Labor Code Section 1771. 4 and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' s enforcement of CPR preparation and submittal for all Subcontractors of every tier.
b) Express Condition Precedent to Payment of Contact Price. Strict compliance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CITY' s obligation to: ( i) process any request for payment of any portion of the Contract Price; or (ii) to disburse any portion of the Contract Price to the Contractor. The Contractor shall demonstrate strict compliance with CPR preparation and submittal requirements by delivery to the CITY of electronic files or hard copies of all CPR' s submitted by the Contractor and/ or Subcontractors for Work pursuant to Labor Code Section 1771. 4 and 1776 concurrently with the submittal thereof to the Labor Commissioner. The CITY: ( i) shall not be obligated to process or disburse any portion of the Contract Price; or ( ii) shall not be deemed in default of the CITY' s obligations under the Contract Documents unless the Contractor' s demonstrates strict compliance with CPR preparation and submittal requirements.
c) PWR Monitoring and Enforcement. During the Work pursuant to Labor Code Section 1771. 4( a)( 4), the Departrnent of Industrial Relations shall monitor and enfarce the obligation of the Construction and Subcontractors of every tier to pay the laborers performing any portion of the work the PWR established for the classification of work/ labor performed.

RECORD OF WAGES PAID: INSPECTION
Pursuant to Labor Code section 1776, Contractor stipulates to the following:
a) Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work under the Facilities lease and Construction Provisions. Such records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information of such forms. The payroll records may consist of payroll data that are maintained as computer records, if printouts contain the same information as the forms provided by the division and the printouts are verified as specified in subdivision ( a) of Labor Code section 1776.
b) The payroll records enumerated under subdivision ( a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor on the following basis:
1) A certified copy of an employee' s payroll record shall be made available for inspection or furnished to such employees or his or her authorized representative on request. 2) A certified copy of all payroll records enwnerated in subdivision ( a) shall be made available for inspection or furnished upon request to a representative of the CITY, the Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relarions.
3) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available upon request by the public for inspection or copies thereof. However, a request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, ar the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Contractor. c) Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten ( 10) days after receipt of the written request. d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated. e) Contractor shall inform the CITY of the location of the records enumerated under subdivision ( a), including the street address, city, and county, and shall, within ( 5) working days, provide a notice of a change of location and address.
fl In the event of noncompliance with the requirements of this Article, Contractor shall have ten ( 10) days in which to comply subsequent to receipt of written notice specifying in what respects Contractor must comply with this Article. Should noncompliance still be evident after such 10- day period, Contractor shall pay a penalty of One- Hundred Dollars ($ 100. 00) to the CITY for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labar Standards Enforcement, such penalties shall be withheld from the progress payment then due.

The responsibility for compliance with this Article shall rest upon Contractor.

10. Bonds. As a condition precedent to City' s obligation to pay compensation to Contractor, and on or before the date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under the Notice to Contractors.

11. Representations and Warranties. In the supply of any materials and equipment and the rendering of labar and services during the course and scope of the Project and Work, Contractor represents and warrants:
1) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor;
2) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required;
3) Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one ( 1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder; 4) Any manufacturer' s warranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and on behalf of City.
5) Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City;
6) Contractor has not coiluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor' s Bid, except as may be permitted by the Notice to Contractors;
7) Contractor has the power and the authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor; 8) Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;
9) There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' s ability to perform under the Contract; 10) Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written infarmation as may be requested of Contractar by City from time to time during the term of this Contract; l 1) Contractor and any person performing labor and services under this Project is duly licensed as a contractor with the State of California as required by California Business & Professional Code Section 7028, as amended; and
2) Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site.

12. Assi nment This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void.

13. Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time ar other disputes arising out of the Contract shall be submitted by Contractor in accordance with the General Conditions.

14. Audits by CitX. During the term of this Contract and for a period of not less than three ( 3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor' s Project- related and Work- related writings and business records, as such terins are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City.

15. Notices. All contracts, agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if (1) personally served, ( 2) sent by the United States mail, postage prepaid, ( 3) sent by private express delivery service, or( 4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two 2) days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with ( 1), ( 2) or ( 3) above. Personal service shall include, without limitation, service by delivery and service by facsimile transmission.

To City: City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Copy to: City of Lathrop
Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
PHONE: ( 209) 941- 7363
FAX: ( 209) 941- 7449
ATTN: Ken Reed, Senior Construction Manager
To Contractor:

Mailing Address:

Phone:

Email:

ATTN:

16. Miscellaneous.
1) Bailee Disclaimer. The parties understand and agree that City does not purpart to be Contractor' s bailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent.
3) Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. 4) Definitions. The definitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority.
6) Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 7) Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. 8) Integration. This Contract and any amendments hereto between the parties constitute the entire contract between the parties concerning the Project and Work, and there are no other prior oral or written contracts between the parties that are not incorporated in this Contract. 9) Modification of Contract. This Contract shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. 10) Provision. Any contract, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for ar on behalf of Contracror or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
13) Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City.

Contractar shall not be entitled to any rights and benefits accorded ar accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits.
14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 5) Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a legal holiday by City, the time far perfarmance shall be extended to the following Business Day. 16) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California. 17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract ar arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' s fees, incurred ar expended in connection with such action against the non-prevailing party. 18) Contractor and subcontractors must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act ( 42 USC 1857( h)), Section 508 of the Clean Water Act ( 33 USC1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15.
19) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACT (Public Law 94- 163, 89 stat 871).
20) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City.
21) If during the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the deposits shall ensue until the Contractor has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City.

Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the Construction Documents.
22) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall receive a written" Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance of the Notice to proceed. 23) Signatures. The individuals executing this Contract represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
24) This project is a public works project Contractor shall comply with requirements of California Labor Code § 1700 and following, and prevailing wages shall be paid for work performed on this project.
25) The statutory provisions for penalties for failing to comply with the State of California wage and labor laws be enforced, as well as that far failing to pay prevailing wages. 26) It is mutually agreed and understood that the complete Contract shall consist of the following component documents, all of which are fully a part hereof as if herein set out in full, or if not attached, as if hereto attached:
a. Accepted Proposal
b. Contract
c. Performance Bond
d. Labor& Material Bond
e. City of Lathrop Standard Specifications
f. State of California Standard Specification
g. Any Published Addenda
h. Project Plans and Specifications
i. Guaranty Bond
j. CalTrans Exhibit 12G- Required Federal- Aid Contract Language k. Federal Minimum Wage Determinations

1. Contractor' s submitted CalRecycle Form 168, Reliable Contractor Declaration.

ATTACHED EXHIBITS
A. FHWA Form 1273 - Required Contract Provisions for Federal- Aid Construction Contracts B. Federal Minimum Wage Determinations
C. California Department of Transportation Agreement between the City of Lathrop and American Pavement Systems Inc.

D. Contractor' s Submitted Bid
Certification of insurance, performance bond, and payment bond shall be furnished to the City by the Contractor after City Council' s approval with resolution.

IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.

CONTRACTOR:

B y:

Name:

Title:

CITY OF LATHROP
APPROVED AS TO FORM:

B y:

Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:

B y:

Michael King, Assistant City Manager
APPROVED:

By:

Stephen J. Salvatore, City Manager

EXHIBIT A
Local Assistance Procedures Manuai Exhibit 12- G
Required Federal- Aid Contract Language
EXHIBIT 12-G: REQUIRED FEDERAL- AID CONTRACT LANGUAGE
For Local Assistance Construction Projects)
The following language must be incorporated into aii 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. DISADVANTAGED BUSINESS ENTERPRISES( DBE)................................................................................ 2 A. NONDISCRIMINATION STATEMENT.............................................................................................. 2 B. CONTRACT ASSURANCE............................................................................................................... 3 C. PROMPT PROGRESS PAYMENT................................................................................................... 3 D. PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS...................................... 3 E. TERMINATION AND SUBSTITUTION OF DBE SUBCONTRACTORS.......................................... 4 F. COMMITMENT AND UTILIZATION ................................................................................................. 5 G. DBE RUNNING TALLY OF ATTAINMENTS ................................................................................... 6

2. BID OPENING ................................................................................................................................................ 6

3. BID RIGGING ................................................................................................................................................. 6

4. CONTRACT AWARD..................................................................................................................................... 6

5. CONTRACTOR LICENSE.............................................................................................................................. 6

6. CHANGED CONDITIONS.............................................................................................................................. 6 A. DIFFERING SITE CONDITIONS....................................................................................................... 6 B. SUSPENSIONS OF WORK ORDERED BY THE ENGINEER......................................................... 6 C. SIGNIFICANT CHANGES IN THE CHARACTER OF WORK.......................................................... 7

7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES...................................... 7

8. BUY AMERICA............................................................................................................................................... 7

9. QUALITYASSURANCE................................................................................................................................. 8

10. PROMPT PAYMENT FROM THE AGENCY TO THE CONTRACTORS........................................................ 8

11. FORM FHWA- 1273 REQUIRED CONTRACT PROVISIONS FEDERAL- AID CONTRACTS....................... 8

12. FEMALE AND MINORITY GOALS .............................................................................................................. 22

13. TITLE VI ASSURANCES.............................................................................................................................. 23

14. USE OF UNITED STATES- FLAG VESSELS( CARGO PREFERENCE ACT)............................................. 27

15. FEDERAL TRAINEE PROGRAM................................................................................................................. 27

16. PROHIBITIONS OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEIL ANCE EQUIPMENT AND SERVICES .......................................................................................................................... 29 Page of 1 of 29
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1. DISADVANTAGED BUSINESS ENTERPRISES( DBE)
The contractor, subrecipient or subcontractor shall take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract( 49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26. 5, the Agency shows a contract goal for DBEs. The prime contractor shall make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers.

The prime contractor shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal.

It is the prime contractor' s responsibility to verify that at date of bid opening the DBE firm is certified as a DBE by using the California Unified Certification Program ( CUCP) database and possesses the most specific available North American Industry Classification System ( NAICS) codes and work code applicable to the type of work the firm will perform on the contract. Additionally, the prime contractor is responsible to document the verification record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at: https:// dot.ca. qovlprogramsJcivil- riahts/ dbe- search.

All DBE participation will count toward the California Department of Transportation' s federally mandated statewide overall DBE goal.

Credit for materials or supplies the prime contractor purchases from DBEs counts towards the goal in the following manner:
100 percent counts if the materials or supplies are obtained from a DBE manufacturer. 60 percent counts if the materials or supplies are obtained from a DBE regular dealer.

Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR

26. 55 defines" manufacturer" and " regular dealer."
The prime contractor receives credit towards the goal if they employ a DBE trucking company that performs a commercially useful function as defined in 49 CFR 26. 55( d)( 1) as follows:

The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of ineeting DBE goals.

The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract.

The DBE receives credit for the total value of the transportation services it provides on the Contract using trucks it owns, insures, and operates using drivers it employs.

The DBE may lease trucks from another DBE firm, including an owner- operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract.

The DBE may lease trucks without drivers from a non- DBE truck leasing company. If the DBE leases trucks from a non- DBE truck leasing company and uses its own employees as drivers, it is entitled to credit for the total value of these hauling services.

A lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE.

A. Nondiscrimination Statement
The contractor, subrecipient or subcontractor will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the Local Agency components of the DBE Program Plan, the contractor, subrecipient or subcontractor will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

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B. Contract Assurance
Under 49 CFR 26. 13( 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 26 in the award and administration of federal-aid 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 non- responsible.

C. Prompt Progress Payment
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 non- DBE 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 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.

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Local Assistance Procedures Manual Exhibit 12- G
Required Federal- Aid Contract Language
Method 3: The Agency shali hold retainage from the prime contractor and shali 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. Termination and Substitution of DBE Subcontractors
The prime contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains the Agency' s written consent. The prime contractor shall not terminate or substitute a listed DBE for convenience and perForm the work with their own forces or obtain materials from other sources without prior written authorization from the Agency. Unless the Agency' s prior written consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 15- G Construction Contract DBE Commitment form, included in the Bid.

The Agency authorizes a request to use other forces or sources of materials if the bidder shows any of the following justifications:

1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.

2. The Local Agency stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the Local Agency' s bond requirements.

3. Work requires a contractor's license and listed DBE does not have a valid license under Contractors License Law.

4. Listed DBE fails or refuses to perform the work or furnish the listed materials ( failing or refusing to perForm is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).

5. Listed DBE' s work is unsatisfactory and not in compliance with the contract.

6. Listed DBE is ineligible to work on the project because of suspension or debarment.

7. Listed DBE becomes bankrupt or insolvent.

8. Listed DBE voluntarily withdraws with written notice from the Contract

9. Listed DBE is ineligible to receive credit for the type of work required.

10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.

11. The Agency determines other documented good cause.

The prime contractor shall notify the original DBE of the intent to use other forces or material sources and provide the reasons, allowing the DBE 5 days to respond to the notice and advise the prime contractor and the Agency of the reasons why the use of other forces or sources of materials should not occur.

The prime contractor' s request to use other forces or material sources must include:

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Required Federal- Aid Contract Language

1. One or more of the reasons listed in the preceding paragraph.

2. Notices from the prime contractor to the DBE regarding the request.

3. Notices from the DBEs to the prime contractor regarding the request.

If the Agency authorizes the termination or substitution of a listed DBE, the prime contractor must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must( 1) perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal, and ( 2) be certified as a DBE with the mast specific available NAICS codes and work codes applicable to the type of work the DBE will perform on the contract at the time of the prime contractor' s request for substitution. The prime contractor shall submit their documentation of good faith efforts within 7 days of their request for authorization of the substitution. The Agency may authorize a 7- day extension of this submittal period at the prime contractor' s request. More guidance can be found at 49 CFR 26 app A regarding evaluation of good faith efforts to meet the DBE goal.

F. Commitment and Utilization
Note: In the Agency' s reports of DBE participation to Caltrans, the Agency must display both commitments and attainments.

The Agency' s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.

The bidder shall submit the Exhibit 15- G Construction Contract DBE Commitment, included in the Bid book.

This exhibit is the bidder' s DBE commitment form. If the form is not submitted with the bid, the bidder must remove the form from the Bid book before submitting their bid.

The bidder shall complete and sign Exhibit 15- G Construction Contract DBE Commitment included in the contract documents regardless of whether DBE participation is reported. The bidder shall provide written confirmation from each DBE that the DBE is participating in the Contract. A copy of a DBE' s quote serves as written confirmation. If a DBE is participating as a joint venture partner, the bidder shall submit a copy of the joint venture agreement.

If the DBE Commitment form, Exhibit 15-G, is not submitted with the bid, it must be completed and submitted by all bidders to the Agency within five ( 5) days of bid opening. If the bidder does not submit the DBE Commitment form within the specified time, the Agency will find the bidder' s bid nonresponsive.

The prime contractor shall use each DBE subcontractor as listed on Exhibit 12- B Bidder' s List of Subcontractors ( DBE and Non- DBE), and Exhibit 15- G Construction Contract DBE Commitment form unless they receive authorization for a substitution.

The Agency shall request the prime contractor to:

1. Notify the Resident Engineer or Inspector of any changes to its anticipated DBE participation

2. Provide this notification before starting the affected work

3. Maintain records including:

Name and business address of each 1 St- tier subcontractor Name and business address of each DBE subcontractor, DBE vendor, and DBEtrucking company, regardless of tier
Date of payment and total amount paid to each business ( see Exhibit 9- F Monthly Disadvantaged Business Enterprise Payment)
If the prime contractor is a DBE contractor, they shall include the date of work performed by their own forces and the corresponding value of the work.

Before the 15th of each month, the prime contractor shall submit a Monthly DBE Trucking Verification LAPM Exhibit 16- Z1) form.

If a DBE is decertified before completing its work, the DBE must notify the prime contractor in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify the prime contractor in writing of the certification date. The prime contractor shall submit the Page of 5 of 29
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Required Federal- Aid Contract Language
notifications. Upon work completion, the prime contractor shall complete a Disadvantaged Business Enterprises ( DBE) Certification Status Change, Exhibit 17- 0, form and submit the form within 30 days of contract acceptance.

Upon work completion, the prime contractor shall complete Exhibit 17- F Final Report— Utilization of Disadvantaged Business Enterprises ( DBE), First- Tier Subcontractors and submit it within 90 days of contract acceptance. The Agency will withhold $ 10, 000 until the form is submitted. The Agency releases the withhold upon submission of the completed form.

G. DBE RUNNING TALLY OF ATTAINMENTS
After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10"' of the following month, the prime contractor/ consultant shall complete and email the Exhibit 9- F: Disadvantaged Business Enterprise Running Tally of Payments to business. support. unit@dot. ca. qov with a copy to the Agency.

2. BID OPENINGThe 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 Public Contract Code § 10164).

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.

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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.

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 40 WORKING DAYS beginning on the fifteenth calendar day after the date shown on the Notice to Proceed.

The Contractor shall pay to the City of Lathrop the sum of$, 000. 00 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
Furnish steel and iron materials to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured. Steel and iron materials must be produced in the U. S. except:

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Required Federal- Aid Contract Language

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 totai combined cost of the materials does not exceed the greater of 0. 1 percent of the total bid or 2, 500, materials produced outside the U. S. may be used.

Production includes:

1. Processing steel and iron materials, including smelting or other processes that alter the physical form or shape ( such as rolling, extruding, machining, bending, grinding, and drilling) or chemical composition;

2. Coating application, including epoxy coating, galvanizing, and painting, that protects or enhances the value of steel and iron materials.

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 FROM THE AGENCY TO THE CONTRACTORS
The Agency shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from a contractor on a construction contract. If the Agency fails to pay promptly, the 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. Upon receipt of a payment request, the Agency shall act in accordance with both of the following:

1. Each payment request shall be reviewed by the Agency as soon as practicable after receipt for the purpose of determining that it is a proper payment request.

2. Any payment request determined not to be a proper payment request suitable for payment shall be returned to the contractor as soon as practicable, but not later than seven ( 7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.

11. FORM FHWA- 1273 REQUIRED CONTRACT PROVISIONS FEDERAL- AID CONTRACTS Excluding ATTACHMENT A- EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN

DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS) Page of 8 of 29
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The following 12 pages must be physically inserted into the contract without modification.] Page of 9 of 29
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FHWA- 1273-- Revised May 1, 2012

REQUIRED CONTRACT

PROVISIONS FEDERAL- AID

CONSTRUCTION CONTRACTS
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I. General il. NONDISCRIMINATION
II. Nondiscrimination
III. No segregated Facilities The provisions of this section related to 23 CFR Part 230 are applicable IV. Davis- Bacon and Related Act Provisions to all Federal- aid construction contracts and to all related construction V. Contract Work Hours and Safety Standards Act Provisions subcontracts of$ 10, 000 or more. The provisions of 23 CFR Part 230 VI. Subletting or Assigning the Contract are not applicable to material supply, engineering, or architectural VII. Safety: Accident Prevention service contracts.

VIII. False Statements Concerning Highway Projects
In addition, the contractor and all subcontractors must compiy with the IX. Implementation of Clean Air Act and Federal Water Pollution following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625- Control Act 1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as X. Compliance with Government wide Suspension and Debarment amended( 29 USC 794), Titie VI of the Civil Rights Act of 1964, as Requirements
amended, and related regulations including 49 CFR Parts 21, 26 and XI. Certification Regarding Use of Contract Funds for Lobbying 27; and 23 CFR Parts 200, 230, and 633.

ATTACHMENTS
The contractor and all subcontractors must comply with: the A. Employment and Materials Preference for Appalachian Development requirements of the Equal Opportunity Clause in 41 CFR 60- 1. 4( b) and, Highway System or Appalachian Local Access Road Contracts for all construction contracts exceeding$ 10, 000, the Standard Federal included in Appalachian contracts only)
Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60- 4. 3.
i. GENERAL Note: The U. S. Department of labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of

1. Form FHWA- 1273 must be physically incorporated in each the Secretary of Labor including 41 CFR 60, and 29 CFR 1625- 1627. construction contract funded under Title 23( exciuding emergency The contracting agency and the FHWA have the authority and the contracts solely intended for debris removal). The contractor( or responsibility to ensure compliance with Title 23 USC Section 140, the subcontractor) must insert this form in each subcontract and further Rehabilitation Act of 1973, as amended( 29 USC 794), and Title VI of require its inclusion in ali lower tier subcontracts( excluding purchase the Civil Rights Act of 1964, as amended, and related regulations orders, rental agreements and other agreements for supplies or including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and services). 633.

The applicable requirements of Form FHWA- 1273 are incorporated by The following provision is adopted from 23 CFR 230, Appendix A, with reference for work done under any purchase order, rental agreement or appropriate revisions to conform to the U. S. Department of Labor( US agreement for other services. The prime contractor shall be responsible DOL) and FHWA requirements. for compliance by any subcontractor, lower- tier subcontractor or service provider.

1. E 4ual Em ploYment OPP ortunit Y E ual em lo ment o ortunit 9 P Y PP Y Form FHWA- 1273 must be included in all Federal- aid design- build EEO) requirements not to discriminate and to take affirmative action to contracts, in all subcontracts and in lower tier subcontracts( excluding assure equal opportunity as set forth under laws, executive orders, subcontracts for design services, purchase orders, rental agreements rules, regulations( 28 CFR 35, 29 CFR 1630, 29 CFR 1625- 1627, 41 and other agreements for supplies or services). The design- builder shall CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as be responsible for compliance by any subcontractor, lower-tier modified by the provisions prescribed herein, and imposed pursuant to subcontractor or service provider.
23 U. S. C. 140 shall constitute the EEO and specific affirmative action standards for the contractors project activities under this contract. The Contracting agencies may reference Form FHWA- 1273 in bid proposal Provisions of the Americans with Disabilities Act of 1990( 42 U. S. C. or request for proposal documents, however, the Form FHWA- 1273 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are must be physicaliy incorporated( not referenced) in all contracts, ncorporated by reference in this contract. In the execution of this subcontracts and lower-tier subcontracts( exciuding purchase orders, contract, the contractor agrees to comply with the following minimum rental agreements and other agreements for supplies or services related specific requirement activities of EEO:
to a construction contract).
a. The contractor will work with the contracting agency and the Federal

2. Subject to the applicability criteria noted in the following sections, Government to ensure that it has made every good faith effort to these contract provisions shail apply to all work perFormed on the provide equal opportunity with respect to all of its terms and contract by the contractor' s own organization and with the assistance conditions of empioyment and in their review of activities under the of workers under the contractor's immediate superintendence and to contract. all work pertormed on the contract by piecework, station work, or by subcontract. b. The contractor will accept as its operating policy thefoliowing statement:

3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of t is the policy of this Company to assure that applicants are employed, progress payments, withholding of final payment, termination of the and that employees are treated during employment, without regard to contract, suspension/ debarment or any other action determined to their race, religion, sex, color, national origin, age or disability. Such be appropriate by the contracting agency and FHWA. action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay

4. Selection of Labor: During the performance of this contract, the or other forms of compensation; and selection for training, including contractor shall not use convict labor for any purpose within the limits apprenticeship, pre- apprenticeship, and/ or o- the- job training." of a construction project on a Federal- aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal- aid highway does not include roadways functionally classified as local roads or rural minorcollectors.

FHWA- 1273-- Revised May 1, 2012
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Local Assistance Procedures Manual Exhibit 12- G
Required Federal- Aid Contract Language

2. EEO Officer: The contractor will designate and make known to the contracting o cers and EEO Officer who will have the c. The contractor will encourage its present employees to refer responsibility for and must be capable of effectively administering minorities and women as applicants for employment. and promoting and active EEO program and who must be assigned Information and procedures with regard to referring such adequate authority and responsibility to do so. applicants will be discussed with employees.

5. Personnel Actions: Wages, working conditions, and employee

3. Dissemination of Policy: All members of the contractor's staff benefits shall be established and administered, and personnel who are authorized to hire, supervise, promote, and discharge actions of every type, including hiring, upgrading, promotion, employees, or who recommend such action, or who are transfer, demotion, layoff, and termination, shall be taken without substantially involved in such action, will be made fully cognizant of, regard to race, color, religion, sex, national origin, age or disability. and will implement, the contractor' s EEO policy and contractual The following procedures shall be followed:
responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the a. The contractor will conduct periodic inspections of project sitesto following actions will be taken as a minimum: insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then b. The contractor will periodically evaluate the spread of wagespaid not less often than once every six months, at which time the within each classification to determine any evidence of contractor' s EEO policy and its implementation will be reviewed discriminatory wage practices. and explained. The meetings will be conducted by the EEO O cer. c. The contractor will periodically review selected personnel actions b. All new supervisory or personnel office employees will be given in depth to determine whether there is evidence ofdiscrimination. a thorough indoctrination by the EEO Officer, covering all major Where evidence is found, the contractor will promptly take aspects of the contractor' s EEO obligations within thirty days corrective action. If the review indicates that the discrimination foliowing their reporting for duty with the contractor. may extend beyond the actions reviewed, such corrective action shall include all affected persons.
c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in thecontractor' s d. The contractor will promptly investigate all complaints of alleged procedures for locating and hiring minorities and women. discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such d. Notices and posters setting forth the contractor' s EEO policywill complaints, and will take appropriate corrective action within a be placed in areas readily accessible to employees, applicants reasonable time. If the investigation indicates that the for employment and potential employees. discrimination may affect persons other than the complainant, such e. The contractor' s EEO policy and the procedures to implement corrective action shall include such other persons. Upon such policy will be brought to the attention of employees by completion of each investigation, the contractor will inform every means of ineetings, employee handbooks, or other appropriate complainant of all of their avenues of appeal.
means.

6. Training and Promotion:

4. Recruitment: When advertising for employees, the contractor a. The contractor wiil assist in locating, qualifying, and increasing will include in all advertisements for employees the notation:" An the skills of minorities and women who are applicants for Equal Opportunity Employer." All such advertisements will be employment or current employees. Such efforts should be aimed placed in publications having a large circulation among minorities at developing full journey level status employees in the type of and women in the area from which the project work force would trade or job ciassification involved.
normally be derived.
b. Consistent with the contractor' s work force requirements and as a. The contractor will, unless precluded by a valid bargaining permissible under Federal and State regulations, the contractor agreement, conduct systematic and direct recruitment through shall make full use of training programs, i. e., apprenticeship, and public and private employee referral sources likely to yield on- the-job training programs for the geographical area of contract qualified minorities and women. To meet this requirement, the performance. In the event a special provision for training is contractor will identify sources of potential minority group provided under this contract, this subparagraph will be employees, and establish with such identified sources
superseded as indicated in the special provision. The contracting procedures whereby minority and women applicants may be agency may reserve training positions for persons who receive referred to the contractor for employment consideration. welfare assistance in accordance with 23 U. S. C. 140( a). b. In the event the contractor has a valid bargaining agreement c. The contractor will advise employees and applicants for providing for exclusive hiring hall referrals, the contractor is employment of available training programs and entrance
expected to observe the provisions of that agreement to the requirements for each. extent that the system meets the contractor' s compliance with EEO contract provisions. Where implementation of such an d. The contractor will periodically review the training and promotion agreement has the effect of discriminating against minorities or potential of employees who are minorities and women and will women, or obligates the contractor to do the same, such encourage eligible employees to apply for such training and implementation violates Federal nondiscrimination provisions. promotion.

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January 2022
Local Assistance Procedures Manual Exhibit 12- G
Required Federal- Aid Contract Language
FHWA- 1273-- Revised May 1, 2012

7. Unions: If the contractor relies in whole or in part upon unionsas 10. Assurance Required by 49 CFR 26. 13( b):
a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for a. The requirements of 49 CFR Part 26 and the State DOT' s U. S. minorities and women. Actions by the contractor, either directly or DOT- approved DBE program are incorporated by reference. through a contractor' s association acting as agent, will include the procedures set forth below: b. The contractor or subcontractor shall nat discriminate on the basis of race, color, national origin, or sex in the performance of a. The contractor will use good faith efforts to develop, in this contract. The contractor shall carry out applicable cooperation with the unions, joint training programs aimed requirements of 49 CFR Part 26 in the award and administration toward qualifying more minorities and women for membership of DOT- assisted contracts. Failure by the contractor to carry out in the unions and increasing the skills of minorities and women these requirements is a material breach of this contract, which so that they may qualify for higher paying employment. may result in the termination of this contract or such other remedy as the contracting agency deems appropriate.
b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union 11. Records and Reports: The contractor shall keep such records wili be contractually bound to refer applicants without regard to as necessary to document compliance with the EEO requirements. their race, color, religion, sex, national origin, age ordisability. 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 c. The contractor is to obtain information as to the referral and shall be available at reasonable times and places for inspection practices and policies of the labor union except that to the by authorized representatives of the contracting agency and the extent such information is within the exclusive possession of FHWA. the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to a. The records kept by the contractor shall document the following:
the contracting agency and shall set forth what efforts have been made to obtain such information. 1) The number and work hours of minority and non- minority group members and women employed in each work classification on d. In the event the union is unable to provide the contractor with a the project; reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through ( 2) The progress and efforts being made in cooperation with independent recruitment efforts, fill the employment vacancies unions, when applicable, to increase employmentopportunities without regard to race, color, religion, sex, national origin, age for minorities and women; and or disability; making full efforts to obtain qualified andlor qualifiable minorities and women. The failure of a union to 3) The progress and efforts being made in locating, hiring, training, provide sufficient referrals( even though it is obligated to qualifying, and upgrading minorities and women. provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the b. The contractors and subcontractors will submit an annual report requirements of this paragraph. In the event the union referral to the contracting agency each July for the duration of the practice prevents the contractor from meeting the obligations project, indicating the number of minority, women, and nonpursuant to Executive Order 11246, as amended, and these minority group employees currently engaged in each work special provisions, such contractor shall immediately notify the classification required by the contract work. This information is contracting agency. 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

8. Reasonable Accommodation for Applicants/ Employees last payroll period preceding the end of July. If on- the-job with Disabilities: The contractor must be familiar with the training is being required by special provision, the contractor will requirements for and compiy with the Americans with Disabilities be required to collect and report training data. The employment Act and ali rules and regulations established there under. data should reflect the work force on board during all or any part Employers must provide reasonable accommodation in all of the last payroll period preceding the end of July. employment activities unless to do so would cause an undue hardship. III. NONSEGREGATED FACILITIES

9. Selection of Subcontractors, Procurement of Materials and This provision is applicable to all Federal- aid construction contracts Leasing of Equipment: The contractor shall not discriminate on and to all related construction subcontracts of$ 10, 000 or more. the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including The contractor must ensure that facilities provided for employees procurement of materials and leases of equipment. The contractor are provided in such a manner that segregation on the basis of shall take all necessary and reasonable steps to ensure race, color, religion, sex, or national origin cannot result. The nondiscrimination in the administration of this contract. contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The a. The contractor shall notify all potential subcontractors and contractor's obligation extends further to ensure that its employees suppliers and lessors of their EEO obligations under this contract. are not assigned to perform their services at any location, under the contractor' s control, where the facilities are segregated. The term b. The contractor will use good faith efforts to ensure subcontractor " facilities" includes waiting rooms, work areas, restaurants and compliance with their EEO obligations. 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.

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Local Assistance Procedures Manual Exhibit 72- G
Required Federal- Aid Contract Language
FHWA- 1273-- Revised May 1, 2012
IV. DAVIS- BACON AND RELATED ACT PROVISIONS
i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and This section is applicable to all Federal- aid construction projects exceeding$ 2, 000 and to all related subcontracts and lower- tier ( ii) The classification is utilized in the area by the construction subcontracts( regardless of subcontract size). The requirements industry; and apply to all projects located within the right- of-way of a roadway that is functionally classified as Federal- aid highway. This excludes roadways functionally classified as local roads or rural minor iii) The proposed wage rate, including any bona fide fringe benefits, collectors, which are exempt. Contracting agencies may elect to bears a reasonable relationship to the wage rates contained in apply these requirements to other projects. the wage determination.

The following provisions are from the U. S. Department of Labor 2) If the contractor and the laborers and mechanics to be regulations in 29 CFR 5. 5" Contract provisions and related matters" employed in the classification( if known), or their with minor revisions to conform to the FHWA- 1273 format and representatives, and the contracting officer agree on the FHWA program requirements. classification and wage rate( including the amount designated for fringe benefits where appropriate), a report of the action

1. Minimum wages
taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards
Administration, U. S. Department of Labor, Washington, DC a. All laborers and mechanics employed or working upon the site 20210. The Administrator, or an authorized representative, will of the work, will be paid unconditionally and not less often than approve, modify, or disapprove every additional classification once a week, and without subsequent deduction or rebate on any action within 30 days of receipt and so advise the contracting account( except such payroll deductions as are permitted by o cer or will notify the contracting officer within the 30- day regulations issued by the Secretary of Labor under the Copeland period that additional time is necessary.

Act( 29 CFR part 3)), the full amount of wages and bona fide fringe benefits( or cash equivalents thereof) due at time of payment 3) In the event the contractor, the laborers or mechanics to be computed at rates not less than those contained in the wage employed in the classification or their representatives, and the determination of the Secretary of Labor which is attached hereto contracting o cer do not agree on the proposed classification and made a part hereof, regardless of any contractual relationship and wage rate( including the amount designated for fringe which may be alleged to exist between the contractor and such benefits, where appropriate), the contracting officer shall refer laborers and mechanics. the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Contributions made or costs reasonably anticipated for bona fide Hour Administrator for determination. The Wage and Hour fringe benefits under section 1( b)( 2) of the Davis- Bacon Act on Administrator, or an authorized representative, will issue a behalf of laborers or mechanics are considered wages paid to such determination within 30 days of receipt and so advise the laborers or mechanics, subject to the provisions of paragraph 1. d. contracting officer or will notify the contracting officer within the of this section; also, regular contributions made or costs incurred for 30- day period that additional time is necessary. more than a weekly period( but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, 4 The wa e rate mcludin frin e benefits where a ro riate are deemed to be constructively made or incurred during such 9 g 9 pp p weekly period. Such laborers and mechanics shall be paid the determined pursuant to paragraphs 1. b.( 2) or 1. b.( 3) of this appropriate wage rate and fringe benefits on the wage
section, shall be paid to all workers performing work in the determination for the classification of work actually performed, classification under this contract from the first day on which work without regard to skili, except as provided in 29 CFR 5. 5( a)( 4). s performed in the classification.

Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each c. Whenever the minimum wage rate prescribed in the contract for classification for the time actually worked therein: Provided, That a class of laborers or mechanics includes a fringe benefit which the employer' s payroll records accurately set forth the time spent in is not expressed as an hourly rate, the contractor shall either each classification in which work is performed. The wage pay the benefit as stated in the wage determination or shall pay determination( including any additional classification and wage another bona fide fringe benefit or an houriy cash equivalent rates conformed under paragraph 1. b. of this section) and the thereof.

Davis- Bacon poster( WH- 1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a d. If the contractor does not make payments to a trustee or other prominent and accessible place where it can be easily seen by the workers. 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 b. ( 1) The contracting officer shali require that any class of program, Provided, That the Secretary of Labor has found, upon the laborers or mechanics, including helpers, which is not listed in the written request of the contractor, that the applicabie standards of wage determination and which is to be employed under the contract the Davis- Bacon Act have been met. The Secretary of Labor may shall be classified in conformance with the wage determination. The require the contractor to set aside in a separate account assets for contracting o cer shall approve an additional classification and the meeting of obligations under the plan or program. wage rate and fringe benefits therefore only when the following criteria have been met:

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January 2022
Local Assistance Procedures Manual Exhibit 12- G
Required Federal- Aid Contract Language
FHWA- 1273-- Revised May 1, 2012

2. Withholding
current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the The contracting agency shall upon its own action or upon written State DOT, the FHWA or the Wage and Hour Division of the request of an authorized representative of the Department of Labor, Department of Labor for purposes of an investigation or audit of withhold or cause to be withheld from the contractor under this compliance with prevailing wage requirements. It is not a violation contract, or any other Federal contract with the same prime of this section for a prime contractor to require a subcontractor to contractor, or any other federally- assisted contract subject to Davis- provide addresses and social security numbers to the prime Bacon prevailing wage requirements, which is held by the same contractor for its own records, without weekly submission to the prime contractor, so much of the accrued payments or advances as contracting agency.
may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required ( 2) Each payroli submitted shall be accompanied by a" Statement by the contract. In the event of failure to pay any laborer or of Compliance," signed by the contractor or subcontractor or his mechanic, including any apprentice, trainee, or helper, employed or or her agent who pays or supervises the payment of the working on the site of the work, all or part of the wages required by persons employed under the contract and shali certify the the contract, the contracting agency may, after written notice to the following:
contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds i That the payroll for the payroll period contains the information until such violations have ceased. required to be provided under§ 5. 5( a)( 3)( ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained

3. Payroiis and basic records under§ 5. 5( a)( 3)( i) of Regulations, 29 CFR part 5, and that such information is correct and complete;
a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a ( ii) That each laborer or mechanic( including each helper, period of three years thereafter for all laborers and mechanics apprentice, and trainee) employed on the contract during the working at the site of the work. Such records shall contain the payroll period has been paid the full weekly wages eamed, name, address, and social security number of each such worker, without rebate, either directly or indirectly, and that no his or her correct classification, hourly rates of wages paid deductions have been made either directly or indirectly from the including rates of contributions or costs anticipated for bona fide full wages earned, other than permissible deductions as set fringe benefits or cash equivalents thereof of the types described in foRh in Regulations, 29 CFR part 3; section 1( b)( 2)( B) of the Davis- Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. ( iii) That each laborer or mechanic has been paid not less than the Whenever the Secretary of Labor has found under 29 CFR applicable wage rates and fringe benefits or cash equivalents

5. 5( a)( 1)( iv) that the wages of any laborer or mechanic include the for the classification of work performed, as specified in the amount of any costs reasonably anticipated in providing benefits applicable wage determination incorporated into the contract. under a plan or program described in section 1( b)( 2)( B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that ( 3) The weekly submission of a properly executed certification set the plan or program is financially responsible, and that the plan or forth on the reverse side of Optional Form WH- 347 shall program has been communicated in writing to the laborers or satisfy the requirement for submission of the" Statement of mechanics affected, and records which show the costs anticipated Compliance" required by paragraph 3. b.( 2) of this section. or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall 4) The falsification of any of the above certifications may subject maintain written evidence of the registration of apprenticeship the contractor or subcontractor to civil or criminal prosecution programs and certification of trainee programs, the registration of under section 1001 of title 18 and section 231 of title 31 of the the apprentices and trainees, and the ratios and wage rates United States Code.
prescribed in the applicable programs.
b. ( 1) The contractor shall submit weekly for each week in which c. The contractor or subcontractor shall make the records any contract work is performed acopy of all payrolls to the required under paragraph 3. a. of this section available for contracting agency. The payrolis submitted shall set out accurately nspection, copying, or transcription by authorized
and completely all of the information required to be maintained representatives of the contracting agency, the State DOT, the under 29 CFR 5. 5( a)( 3)( i), except that full social security numbers FNWA, or the Department of Labor, and shall permit such and home addresses shall not be included on weekly transmittals. representatives to interview employees during working hours Instead the payrolls shall only need to include an individually on the job. If the contractor or subcontractor fails to submit the identifying number for each employee( e.g., the last four digits of required records or to make them available, the FHWA may, the employee' s social security number). The required weekly payroll after written notice to the contractor, the contracting agency or information may be submitted in any form desired. Optional Form the State DOT, take such action as may be necessary to
WH- 347 is available for this purpose from the Wage and Hour use the suspension of any further payment, advance, or Division Web site at
guarantee of funds. Furthermore, failure to submit the required http:// www. dol. gov/ esa/ whd/ forms/ wh347instr. htm or its successor records upon request or to make such records available may site. The prime contractor is responsible for the submission of be grounds for debarment action pursuant to 29 CFR 5. 12. copies of payrolis by all subcontractors. Contractors and subcontractors shall maintain the full social security number and Page of 15 of 29
January 2022
Local Assistance Procedures Manual Exhibit 12- G
Required Federal- Aid Contract Language
FHWA- 1273-- Revised May 1, 2012

4. Apprentices and trainees The ratio of trainees to joumeymen on the job site shall not be greater than permitted under the plan approved by the Employment a. Apprentices( programs of the USDOL). and Training Administration.

Apprentices will be permitted to work at less than the predetermined Every trainee must be paid at not less than the rate specified in the rate for the work they perFormed when they are employed pursuant approved program for the trainee' s level of progress, expressed as to and individually registered in a bona fide apprenticeship program a percentage of the journeyman hourly rate specified in the registered with the U. S. Department of Labor, Employment and applicable wage determination. Trainees shall be paid fringe Training Administration, Office of Apprenticeship Training, Employer benefits in accordance with the provisions of the trainee program. If and Labor Services, or with a State Apprenticeship Agency the trainee program does not mention fringe benefits, trainees shall recognized by the Office, or if a person is employed in his or her be paid the full amount of fringe benefits listed on the wage first 90 days of probationary employment as an apprentice in such determination uniess the Administrator of the Wage and Hour an apprenticeship program, who is not individually registered in the Division determines that there is an apprenticeship program program, but who has been certified by the O ce of Apprenticeship associated with the corresponding journeyman wage rate on the Training, Employer and Labor Services or a State Apprenticeship `^ age determination which provides for less than full fringe benefits A enc where a ro riate to be eli ible for robationa
for apprentices. Any employee listed on the payroil at a trainee rate 9 Y pp p g p ry who is not registered and participating in a training plan approved employment as an apprentice. by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for The allowable ratio of apprentices to joumeymen on the job site in the classification of work actually performed. In addition, any trainee any craft classification shall not be greater than the ratio permitted performing work on the job site in excess of the ratio permitted to the contractor as to the entire work force under the registered under the registered program shall be paid not less than the program. Any worker listed on a payroll at an apprentice wage rate, applicable wage rate on the wage determination for the work who is not registered or otherwise employed as stated above, shall actually performed. be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In n the event the Employment and Training Administration withdraws addition, any apprentice performing work on the job site in excess approval of a training program, the contractor will no longer be of the ratio permitted under the registered program shall be paid not Permitted to utilize trainees at less than the applicable less than the applicable wage rate on the wage determination for predetermined rate for the work pertormed until an acceptable the work actually pertormed. Where a contractor is performing program is approved. construction on a project in a locality other than that in which its program is registered, the ratios and wage rates( expressed in percentages of the joumeyman' s hourly rate) specified in the c. Equal employment opportunity. The utilization of apprentices, contractor' s or subcontractor' s registered program shali be trainees and journeymen under this part shall be in conformity observed. with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.

Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice' s level of progress, d. Apprentices and Trainees( programs of the U. S. DOT). expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid Apprentices and trainees working under apprenticeship and skill fringe benefits in accordance with the provisions of the training programs which have been certified by the Secretary of apprenticeship program. If the apprenticeship program does not Transportation as promoting EEO in connection with Federal- aid specify fringe benefits, apprentices must be paid the full amount of highway construction programs are not subject to the requirements fringe benefits listed on the wage determination for the applicable of paragraph 4 of this Section IV. The straight time hourly wage classification. If the Administrator determines that a different rates for apprentices and trainees under such programs will be practice prevails for the applicable apprentice classification, fringes established by the particular programs. The ratio of apprentices and shall be paid in accordance with that determination. trainees to journeymen shall not be greater than permitted by the terms of the particular program.

In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by 5. Compiiance with Copeland Act requirements. The contractor the Office, withdraws approval of an apprenticeship program, the shall comply with the requirements of 29 CFR part 3, which are contractor will no longer be permitted to utilize apprentices at less incorporated by reference in this contract. than the applicable predetermined rate for the work performed until an acceptable program is approved.

6. Subcontracts. The contractor or subcontractor shall insert b. Trainees( programs of the USDOL). Form FHWA- 1273 in any subcontracts and also require the subcontractors to include Form FHWA- 1273 in any lower tier subcontracts. The prime contractor shall be responsible for the Except as provided in 29 CFR 5. 16, trainees will not be permitted to compliance by any subcontractor or lower tier subcontractor with all work at less than the predetermined rate for the work performed the contract clauses in 29 CFR 5. 5. unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal .

Contract termination: debarment. A breach of the contract certification by the U. S. Department of Labor, Employment and clauses in 29 CFR 5. 5 may be grounds for termination of the Training Administration. contract, and for debarment as a contractor and a subcontractoras provided in 29 CFR 5. 12.

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Local Assistance Procedures Manual Exhibit 12- G
Required Federal- Aid Contract Lanstuaqe
FHWA- 1273-- Revised May 1, 2012

8. Compliance with Davis- Bacon and Related Act requirements. 3. Withholding for unpaid wages and liquidated damages. The All rulings and interpretations of the Davis- Bacon and Related Acts FHWA or the contacting agency shall upon its own action or upon contained in 29 CFR parts 1, 3, and 5 are herein incorporated by written request of an authorized representative of the Department of reference in this contract. Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor

9. Disputes concerning labor standards. Disputes arising out of under any such contract or any other Federal contract with the the labor standards provisions of this contract shall not be subject to same prime contractor, or any other federally- assisted contract the general disputes clause of this contract. Such disputes shall be subject to the Contract Work Hours and Safety Standards Act, resolved in accordance with the procedures of the Department of hich is held by the same prime contractor, such sums as may be Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the determined to be necessary to satisfy any liabilities of such meaning of this clause include disputes between the contractor( or contractor or subcontractor for unpaid wages and liquidated any of its subcontractors) and the contracting agency, the U. S. damages as provided in the clause set forth in paragraph( 2.) of this Department of Labor, or the employees or their representatives. section.

10. Certification of eligibility.

4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph( 1.) through( 4.) of this section and also a clause requiring the subcontractors to a. By entering into this contract, the contractor certifies that neither it inciude these clauses in any Iower tier subcontracts. The prime nor he or she) nor any person or firm who has an interest in the contractor shall be responsible for compliance by any subcontractor contractor' s firm is a person or firm ineligible to be awarded or lower tier subcontractor with the clauses set forth in paragraphs Government contracts by virtue of section 3( a) of the Davis- 1.) through( 4.) of this section.

Bacon Act or 29 CFR 5. 12( a)( 1).
b. No part of this contract shall be subcontracted to any person or VI. SUBLETTING OR ASSIGNING THE CONTRACT firm ineligible for award of a Government contract by virtue of section 3( a) of the Davis- Bacon Act or 29 CFR 5. 12( a)( 1). This provision is applicable to all Federal- aid construction contracts on the National Highway System.
c. The penalty for making faise statements is prescribed in theU. S.

1. The contractor shall perform with its own organization contract Criminal Code, 18 U. S. C. 1001. work amounting to not less than 30 percent( or a greater percentage if specified elsewhere in the contract) of the total V. CONTRACT WORK HOURS AND SAFETY STANDARDS original contract price, excluding any specialty items designated ACT by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items The following clauses apply to any Federal- aid construction contract performed may be deducted from the total original contract price in an amount in excess of$ 100, 000 and subject to the overtime before computing the amount of work required to be performed provisions of the Contract Work Hours and Safety Standards Act. by the contractor' s own organization( 23 CFR 635. 116).

These clauses shall be inserted in addition to the clauses required a. The term" perform work with its own organization" refers to by 29 CFR 5. 5( a) or 29 CFR 4. 6. As used in this paragraph, the workers employed or leased by the prime contractor, and terms laborers and mechanics include watchmen and guards. equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or

1. Overtime requirements. No contractor or subcontractor equipment of a subcontractor or lower tier subcontractor, contracting for any part of the contract work which may require or agents of the prime contractor, or any other assignees. The involve the employment of laborers or mechanics shall require or term may include payments for the costs of hiring leased permit any such laborer or mechanic in any workweek in which he employees from an employee leasing firm meeting all relevant or she is employed on such work to work in excess of forty hours in Federal and State regulatory requirements. Leased such workweek unless such laborer or mechanic receives employees may only be included in this term if the prime compensation at a rate not less than one and one- half times the contractor meets all of the following conditions:
basic rate of pay for all hours worked in excess of forty hours in such workweek. 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 qualiry of the

2. Violation; liability for unpaid wages; liquidated damages. In Work of the leased employees; the event of any violation of the clause set forth in paragraph( 1.) of ( 3) the prime contractor retains all power to accept orexclude this section, the contractor and any subcontractor responsible individual employees from work on the project; and
therefor shall be liable for the unpaid wages. In addition, such 4) the prime contractor remains ultimately responsible for the contractor and subcontractor shall be liable to the United States( in payment of predetermined minimum wages, the submission of the case of work done under contract for the District of Columbia or payrolis, statements of compliance and all other Federal a
territory, to such District or to such territory), for liquidated regulatory requirements. damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and b." Specialty Items" shall be construed to be limited to work that guards, employed in violation of the clause set forth inparagraph( 1.) requires highly specialized knowledge, abilities, or equipment of this section, in the sum of$ 10 for each calendar day on which not ordinarily available in the type of contracting organizations such individual was required or permitted to work in excess of the qualified and expected to bid or propose on the contract as a standard workweek of forty hours without payment of the overtime whole and in general are to be limited to minor components of wages required by the clause set forth in paragraph( 1.) of this the overall contract. section.

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

2. The contract amount upon which the requirements set forth in VIII. FALSE STATEMENTS CONCERNING HIGHWAY paragraph( 1) of Section VI is computed includes the cost of PROJECTS material and manufactured products which are to be purchasedor produced by the contractor under the contract provisions. This provision is applicable to all Federal- aid construction contracts and to all related subcontracts.

3. The contractor shall furnish( a) a competent superintendent or supervisor who is employed by the firm, has full authority todirect In order to assure high quality and durabie construction in conformity pertormance of the work in accordance with the contract with approved plans and specifications and a high degree of requirements, and is in charge of all construction operations reliability on statements and representations made by engineers, regardless of who performs the work) and( b) such other of its contractors, suppliers, and workers on Federal- aid highway projects, own organizational resources( supervision, management, and it is essential that all persons concerned with the project perform engineering services) as the contracting officer determines is their functions as carefully, thoroughly, and honestly as possible. necessary to assure the performance of the contract. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To

4. No portion of the contract shall be sublet, assigned orotherwise prevent any misunderstanding regarding the seriousness ofthese disposed of except with the written consent of the contracting and similar acts, Form FHWA- 1022 shall be posted on each officer, or authorized representative, and such consent when Federal- aid highway project( 23 CFR 635j in one or more places given shall not be construed to relieve the contractor of any where it is readily available to all persons concerned with the project:
responsibility for the fulfiliment 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 18 U. S. C. 1020 reads as follows:
pertinent provisions and requirements of the prime contract.

Whoever, being an o cer, agent, or employee of the United

5. The 30% self- performance requirement of paragraph( 1) is not States, or of any State or Territory, or whoever, whether a person, applicable to design- build contracts; however, contracting association, firm, or corporation, knowingly makes any false agencies may establish their own self- performancerequirements. 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 pertormed or to be performed, or the VII. SAFETY: ACCIDENT PREVENTION cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or This provision is applicable to all Federal- aid construction contracts related project submitted for approval to the Secretary of and to all related subcontracts. Transportation; or

1. In the performance of this contract the contractor shall comply Whoever knowingly makes any faise statement, false with all applicable Federal, State, and local laws governing safety, representation, false report or false claim with respect to the health, and sanitation( 23 CFR 635). The contractor shall provide character, quality, quantity, or cost of any work performed or to be all safeguards, safety devices and protective equipment and take performed, or materials furnished or to be furnished, in connection any other needed actions as it determines, or as the contracting with the construction of any highway or related project approved by o cer may determine, to be reasonably necessary to protect the the Secretary of Transportation; or life and health of employees on the job and the safety of thepublic and to protect property in connection with the perFormance of the Whoever knowingly makes any false statement or false work covered by the contract. representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal- aid Roads Act

2. It is a condition of this contract, and shall be made a condition of approved July 1, 1916,( 39 Stat. 355), as amended and each subcontract, which the contractor enters into pursuant to this supplemented; contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in Shall be fined under this title or imprisoned not more than 5 years surroundings or under conditions which are unsanitary, hazardous or both." or dangerous to his/ her health or safety, as determined under X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
construction safety and health standards( 29 CFR 1926)
promulgated by the Secretary of Labor, in accordance with VI ATER POLLUTION CONTROL ACT SeCtion 107 of the ContraCt Work Hours and Safety Standards ACt This provision is applicable to all Federal- aid construction contracts 40 U. S. C. 3704). and to all related subcontracts.

3. Pursuant to 29 CFR 1926. 3, it is a condition of this contract that By submission of this bid/ proposal or the execution of this contract, the Secretary of Labor or authorized representative thereof, shall or subcontract, as appropriate, the bidder, proposer, Federal- aid have right of entry to any site of contract pertormance to inspector construction contractor, or subcontractor, as appropriate, will be investigate the matter of compliance with the construction safety deemed to have stipulated as follows:
and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety 1. That any person who is or will be utilized in the Standards Act( 40 U. S. C. 3704). performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act.

2. That the contractor agrees to include or cause to be included the requirements of paragraph( 1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements.

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X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
transaction, without modification, in all lower tier covered

INELIGIBILITY AND VOLUNTARY EXCLUSION
transactions and in all solicitations for lower tier covered transactions exceeding the$ 25. 000 threshold.

This provision is applicable to all Federal- aid construction contracts, h. A participant in a covered transaction may rely upon a certification design- build contracts, subcontracts, lower- tier subcontracts, of a prospective participant in a lower tier covered transaction that purchase orders, lease agreements, consultant contracts or any is not debarred, suspended, ineligible, or voluntarily excluded from other covered transaction requiring FHWA approval or that is the covered transaction, unless it knows that the certification is estimated to cost$ 25, 000 or more— as defined in 2 CFR Parts 180 erroneous. A participant is responsib e for ensuring that its and 1200. principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its

1. Instructions for Certification— First Tier Participants: principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, checkthe a. By signing and submitting this proposal, the prospective first tier Excluded Parties List System website( https:// www. epis. qov/), participant is providing the certification set out below. which is compiled by the Generai Services Administration. b. The inability of a person to provide the certification set out below Nothing contained in the foregoing shall be construed to require will not necessarily result in denial of participation in this covered the establishment of a system of records in order to render ingood transaction. The prospective first tier participant shall submit an faith the certification required by this clause. The knowledge and explanation of why it cannot provide the certification set out below. information of the prospective participant is not required to exceed The certification or expianation will be considered in connection that which is normally possessed by a prudent person in the with the department or agency' s determination whether to enter ordinary course of business dealings. into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall j Except for transactions authorized under paragraph( of these disqualify such a person from participation in this transaction. instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is c. The certification in this clause is a material representation of fact suspended, debarred, ineligible, or voluntarily excluded from upon which reliance was placed when the contracting agency participation in this transaction, in addition to other remedies determined to enter into this transaction. If it is later determined available to the Federal Government, the department or agency that the prospective participant knowingly rendered an erroneous may terminate this transaction for cause ordefault. certification, in addition to other remedies available to the Federal ••* Government, the contracting agency may terminate this
transaction for cause of default. 2. Certification Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion— First Tier Participants:
d. The prospective first tier participant shall provide immediatewritten notice to the contracting agency to whom this proposal is a. The prospective first tier participant certifies to the best ofits submitted if any time the prospective first tier participant learns that knowledge and belief, that it and its principals:
its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from e. The terms" covered transaction,"" debarred,"" suspended," participating in covered transactions by any Federal department ineligible,"" participant,"" person,"" principal," and" voluntarily or agency; excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200." First Tier Covered Transactions" refers to any covered ( 2) Have not within a three- year period preceding this proposal transaction between a grantee or subgrantee of Federal funds and been convicted of or had a civil judgment rendered againstthem a participant( such as the prime or general contract)." Lower Tier for commission of fraud or a criminal offense in connection with Covered Transactions" refers to any covered transaction under a obtaining, attempting to obtain, or performing a public( Federal, First Tier Covered Transaction( such as subcontracts)." First Tier State or local) transaction or contract under a public transaction; Participant" refers to the participant who has entered into a violation of Federal or State antitrust statutes or commission of covered transaction with a grantee or subgrantee of Federal funds embeulement, theft, forgery, bribery, falsification or destruction such as the prime or general contractor)." Lower Tier ParticipanY' of records, making false statements, or receiving stolen refers any participant who has entered into a covered transaction property; with a First Tier Participant or other Lower Tier Participants( such as subcontractors and suppliers). 3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity( Federal, State or local) with f. The prospective first tier participant agrees by submitting this commission of any of the offenses enumerated in paragraph proposal that, should the proposed covered transaction be entered a)( 2) of this certification; and into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ( 4) Have not within a three- year period preceding this ineligible, or voluntarily excluded from participation in this covered application/ proposal had one or more publictransactions transaction, unless authorized by the department or agency Federal, State or local) terminated for cause ordefault. entering into this transaction.
b. Where the prospective participant is unable to certify to any of g. The prospective first tier participant further agrees by submitting the statements in this certification, such prospective participant this proposal that it will include the clause titled" Certification shall attach an explanation to this proposal.

Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered Page of 19 of 29
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2. Instructions for Certification- Lower Tier Participants: h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good Applicable to all subcontracts, purchase orders and other lower tier faith the certification required by this clause. The knowledge and transactions requiring prior FHWA approval or estimated to cost normally possessed by a prudent person in the ordinary course of 25, 000 or more- 2 CFR Parts 180 and 1200) business dealings. a. By signing and submitting this proposal, the prospective lowertier i. Except for transactions authorized under paragraph e of these is providing the certification set out below. instructions, if a participant in a covered transaction knowingly b. The certification in this clause is a material representation of fact enters into a lower tier covered transaction with a person who is upon which reliance was placed when this transaction was suspended, debarred, ineligible, or voluntarily excluded from entered into. If it is later determined that the prospective lower tier Participation in this transaction, in addition to other remedies participant knowingly rendered an erroneous certification, in available to the Federal Government, the department or agency addition to other remedies available to the Federal Govemment, With which this transaction originated may pursue available the department, or agency with which this transaction originated remedies, including suspension and/or debarment. may pursue available remedies, including suspension and/ or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-- Lower Tier Participants:
c. The prospective lower tier participant shall provide immediate written 1. The prospective lower tier participant certifies, by submission of notice to the person to which this proposal is submitted if this proposal, that neither it nor its principals is presently at any time the prospective lower tier participant learns that its debarred, suspended, proposed for debarment, declared certification was erroneous by reason of changed circumstances. ineligible, or voluntarily excluded from participating in covered d. The terms" covered transaction,"" debarred,"" suspended," transactions by any Federal department or agency. ineligible,"" participant,"" person,"" principal," and" voluntarily 2 Where the prospective Iower tier participant is unable to certify to excluded," as used in this ciause, are defined in 2 CFR Parts 180 ' and 1200. You may contact the person to which this proposal is any of the statements in this certification, such prospective submitted for assistance in obtaining a copy of those regulations. Participant shail attach an explanation to this proposal.

First Tier Covered Transactions" refers to any covered
transaction between a grantee or subgrantee of Federal funds "`"' and a participant( such as the prime or general contract)." Lower XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS Tier Covered Transactions" refers to any covered transaction FOR LOBBYING under a First Tier Covered Transaction( such as subcontracts). This provision is applicable to all Federal- aid construction contracts First Tier PaRicipanY' refers to the participant who has entered and to all related subcontracts which exceed$ 100, 000( 49 CFR into a covered transaction with a
grantee or subgrantee of 20).

Federal funds( such as the prime or general contractor)." Lower Tier ParticipanY' refers any participant who has entered into a

1. The prospective participant certifies, by signing and submitting covered transaction with a First Tier Participant or other Lower this bid or proposal, to the best of his or her knowledge and Tier Participants( such as subcontractors and suppliers). belief, that:
e. The prospective lower tier participant agrees by submitting this a. No Federal appropriated funds have been paid or will be paid, proposal that, should the proposed covered transaction be by or on behalf of the undersigned, to any person for influencing entered into, it shall not knowingly enter into any lower tier or attempting to influence an officer or employee of any Federal covered transaction with a person who is debarred, suspended, agency, a Member of Congress, an officer or employee of declared ineligible, or voluntarily excluded from participation in Congress, or an employee of a Member of Congress in this covered transaction, unless authorized by the department or connection with the awarding of any Federal contract, the agency with which this transaction originated. making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the f. The prospective lower tier participant further agrees by submitting extension, continuation, renewal, amendment, or modification of this proposal that it will include this clause titled" Certification any Federal contract, grant, loan, or cooperative agreement.

Regarding Debarment, Suspension, Ineligibility and Voluntary b. If any funds other than Federal appropriated funds have been Exclusion- Lower Tier Covered Transaction," without modification, paid or will be paid to any person for influencing or attempting to in all lower tier covered transactions and in all solicitations for influence an officer or employee of any Federal agency, a lower tier covered transactions exceeding the$ 25, 000 threshold. Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this g. A participant in a covered transaction may rely upon a Federal contract, grant, loan, or cooperative agreement, the certification of a prospective participant in a lower tier covered undersigned shall complete and submit Standard Form- LLL, transaction that is not debarred, suspended, ineligible, or Disclosure Form to Report Lobbying," in accordance with its voluntarily excluded from the covered transaction, unless it knows instructions. that the ceRification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or othennrise ineligible to participate in covered transactions. To verify the eligibility of its principals, as weil as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website https: t/ www. epis. qov/), which is compiled by the General Services Administration.

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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 paRicipant 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 information of participant is not required to exceed that which is$ 100, 000 and that all such recipients shall certify and disclose accordingly.

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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
Goal
Area
Percent)
Redding CA:
174 Non- SMSA( Standard Metropolitan Statistical Area) Counties: 6• 8 CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama Eureka, CA
175 Non- SMSA Counties: 6. 6
CA Del Norte; CA Humboldt; CA Trinity
San Francisco- Oakland- San Jose, CA:

SMSA Counties:
7120 Salinas- Seaside- Monterey, CA 28• 9
CA Monterey
7360 San Francisco- Oakland 25. 6
CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo 7400 San Jose, CA

19. 6
176
CA Santa Clara, CA
7485 Santa Cruz, CA

14. 9
CA Santa Cruz
7500 Santa Rosa
9 CA Sonoma
8720 Vallejo- Fairfield- Napa, CA 17. 1
CA Napa; CA Solano
Non- SMSA Counties: 23. 2
CA Lake; CA Mendocino; CA San Benito
Sacramento, CA:

SMSA Counties:
77 6920 Sacramento, CA 16. 1
CA Placer; CA Sacramento; CA
Yolo Non- SMSA Counties 14. 3
CA Butte; CA Colusa; CA EI Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba
Stockton- Modesto, CA:

SMSA Counties:
5170 Modesto, CA 12. 3
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 26. 1
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CA Fresno
Non- SMSA Counties: 23. 6
CA Kings; CA Madera; CA Tulare
Los Angeles, CA:

SMSA Counties:
0360 Anaheim- Santa Ana- Garden Grove, CA 11. 9
CA Orange
4480 Los Angeles- Long Beach, CA

28. 3
CA Los Angeles
6000 Oxnard- Simi Valley-Ventura, CA

21. 5
180 CA Ventura
6780 Riverside- San Bernardino- Ontario, CA

19. 0
CA Riverside; CA San Bernardino 9 7
7480 Santa Barbara- Santa Maria- Lompoc, CA
CA Santa Barbara 24. 6
Non- SMSA Counties
CA Inyo; CA Mono; CA San Luis Obispo
San Diego, CA:

SMSA Counties
7320 San Diego, CA 16. 9
181 CA San Diego
Non- SMSA Counties 8 2
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. 10502A requires all federal- aid Department of Transportation contracts between an agency and a contractor to contain Appendix A and E. 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 in#o 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 Requlations: 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- aareements, Includinq Procurements of Materials and Eauiqment: 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,

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each potential sub- applicant or supplier shali 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. 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 sub-applicant 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

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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, Non- 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 ciause 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 exciuded 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 wili have the right to enter or re- enter the lands and facilities thereon, and the above described lands and facilities wili 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 oniy when it is determined that such a clause is necessary to make clear the purpose of Titie VI.)

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APPENDIX D

C AUSES FOR CONSTRUCTION/ USE/ ACCESS TO REAL PROPERTY ACQUIRED UNDER THE

ACTIVITY, FACILITY OR PROGRAM
The following clauses will be inciuded 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 himselflherself, hislher 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 foliowing 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 the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);

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Local Assistance Procedures Manual Exhibit 12- G
Required Federal- Aid Contract Language
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 Low- Income 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).

14. USE OF UNITED STATES- FLAG VESSELS( CARGO PREFERENCE ACT) The CONTRACTOR agrees1. To utilize privately owned United States- flag commercial vessels to ship at least 50 percent of the gross tonnage( computed separately for dry bulk carries, 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.

2. To Furnish within 20 days following the date of loading for shipments originating within the United State 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 ( 1) of this section to both the Contracting Officer( through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590.

3. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract.

Federal Trainee Program Special Provisions
to be used when applicable)

15. FEDERAL TRAINEE PROGRAM
For the Federal training program, the number of trainees orapprentices is_ 3.

This section applies if a number of trainees or apprentices is specified in the special provisions.

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 1 st 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 of Lathrop

Page 27 of 29 ends

January 2022
Local Assistance Procedures Manuai Exhibit 12- G
Required Federai- Aid Contract Language

1. Number of apprentices or trainees to be trained for each classification

2. Training prog am to be used

3. Training starting date for each classification
The prime contractor shall obtain the City of Lathrop apqroval for this submitted information before the prime contractor starts work. The City of Lathrop 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 of Lathrop and FHWA approves a program if one of the following is

1. It is calculated to:

Meet the your 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
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 o ce. 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 of Lathrop 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.

Page 28 of 29 ends

January 2022
Local Assistance Procedures Manual Exhibit 12- G
Required Federal- Aid Contract Language
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 The prime contractor shall furnish the apprentice or trainee with a copy of the program that the prime contractor will comply with in providing the training.

16. 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.

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.

Page 29 of 29 ends

January 2022
EXHIBIT B - FEDERAL WAGE RATES IN EFFECT AS OF MAY 16, 2022 General Decision Number: CA20220018 04/ O1/ 2022
Superseded General Decision Number: CA20210018
State: California
Construction Types: Building, Heavy( Heavy and Dredging) and Highway
Counties: Alameda, Calaveras, Contra Costa, Fresno, Kings, Madera, Mariposa, Merced, Monterey, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Stanislaus and Tuolumne Counties in California.

BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS ( does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS ( does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Note: Contracts subject to the Davis- Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis- Bacon Act itself, but do not apply to contracts subject only to the Davis- Bacon Related Acts, including those set forth at 29 CFR 5. 1( a)( 2)-( 60).

If the contract is entered into on or after January 30, 2022, or the contract is renewed or extended e. g., an option is exercised) on or after January 30, 2022, Executive Order 14026 generally applies to the contract The contractor must pay all covered warkers at least $ I 5. 00 per hour ( or the applicable wage rate listed on this wage determination, ifit is higher) for all hours spent performing on the contract in 2022
The applicable Executive Order minimum wage rate will be adjusted annually. Ifthis contract is covered by one of the Executive Orders and a classification considered necessary for performance ofwork on the contract does not appear on this wage determination, the contractor must still submit a conformance request.

Additional information on contractor requirements and worker protections under the Executive Orders is available at https:// www. dol. ov/ a encies/ whd/ government- contracts.

Modification Number Publication Date
0 O 1/ 07/ 2022
1 O 1/ 14/ 2022
2 O 1/ 21/ 2022
3 02/ 18/ 2022
4 02/ 25/ 2022
5 03/ 25/ 2022
6 04/ O1/ 2022
CARP0152- 002 07/ O1/ 2020
EXHIBIT B - FEDERAL WAGE RATES IN EFFECT AS OF MAY 16, 2022 San Joaquin County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 52. 65 30. 82
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold&
Steel Shoring Erector, Saw
Filer.......................$ 46. 92 30. 82
Journeyman Carpenter........$ 46. 77 30. 82
Millwright..................$ 49. 27 32. 41
LAB00073- 002 06/ 28/ 2021

CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes

LABORER( TRAFFIC CONTROL/ LANE

CLOSURE)
Escort Driver, Flag Person..$ 33. 48 26.21
Traffic Control Person I....$ 33. 78 26. 21
Traffic Control Person II...$ 31. 28 26. 21
TRAFFIC CONTROL PERSON L• Layout of traffic control, crash cushions, construction area and roadside signage.

TRAFFIC CONTROL PERSON II: Installation and removal of temporary/ permanent signs, markers, delineators and crash cushions.

LAB00073- 007 06/ 25/ 2018

CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes

LABORER ( CONSTRUCTION CRAFT

LABORERS)
Construction Specialist
Group.......................$ 30. 49 23. 20
GROUP 1.....................$ 29. 79 23. 20
GROUP 1- a...................$ 30. 01 23. 20
GROUP 1- c...................$ 29. 84 23. 20
GROUP 1- e...................$ 30. 34 23. 20
GROUP 1- f...................$ 3037 23. 20
GROUP 2.....................$ 29. 64 23. 20
GROUP 3.....................$ 29. 54 23. 20
GROUP 4.....................$ 23. 23 23. 20
LAB00073- 009 07/ O1/ 2021
EXHIBIT B - FEDERAL WAGE RATES IN EFFECT AS OF MAY 16, 2022

LABORER( TRAFFIC CONTROL/ LANE

CLOSURE)
Escort Driver, Flag Person..$ 34. 48 26. 21
Traffic Control Person I....$ 34. 78 26. 21
Traffic Control Person II...$ 3228 26. 21
TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage.

TRAFFIC CONTROL PERSON II: Installation and removal of temporary/ permanent signs, markers, delineators and crash, cushions.

PAIN 1176- 001 07/ O 1/ 2021

HIGHWAY IMPROVEMENT
Rates Fringes
Parking Lot Striping/ Highway
Marking:

GROUP 1.....................$ 39.48 16. 98
GROUP 2.....................$ 33. 56 16. 98
GROUP 3.....................$ 33. 95 16. 98
TEAM0094- 001 07/ O 1/ 2021
Rates Fringes
Truck drivers:

GROUP 1.....................$ 35. 15 31. 42
GROUP 2.....................$ 35. 45 31. 42
GROUP 3.....................$ 35. 75 31. 42
GROUP 4.....................$ 36. 10 31. 42
GROUP 5.....................$ 36. 45 31. 42
Note: Executive Order( EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis- Bacon Act for which the contract is awarded ( and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health- related needs, including preventive care; to assist a family member( or person who is like family to the employee) who is ill, injured, or has other health- related needs, including preventive care; or for reasons resulting from, or to assist a family member ( or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https:/ Iwww. doLgov/ a encieslwhd/ government contracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses 29CFR 5. 5 ( a) ( 1) ( ii)).

The body of each wage determination lists the classification and wage rates that have been found EXHIBIT B - FEDERAL WAGE RATES IN EFFECT AS OF MAY 16, 2022 to be prevailing for the cited type( s) of construction in the area covered by the wage determination.

The classifications are listed in alphabetical order of "" identifiers"" that indicate whether the particular rate is a union rate ( current union negotiated rate for local), a survey rate ( weighted average rate) or a union average rate ( weighted union average rate).

Union Rate Identifiers
A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "" SU"" or "" UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198- 005 07/ O1/ 2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i. e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/ O1/ 2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement( CBA) governing this classification and rate.

Survey Rate Identifiers
Classifications listed under the "" SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non- union rates. Example:

SULA2012- 007 5/ 13/ 2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/ 13/ 2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers
Classification( s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, I 00% of the data reported for the classifications was union data.

EXAMPLE: UAVG-OH-0010 08/ 29/ 2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/ 2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/ CBA rate of the union locals from which the rate is based.

EXHIBIT B - FEDERAL WAGE RATES IN EFFECT AS OF MAY 16, 2022

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:
an existing published wage determination
a survey underlying a wage determination
a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance ( additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the DavisBacon survey program. Ifthe response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations
Wage and Hour Division
U. S. Department of Labor
200 Constitution Avenue, N. W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party( those affected by the action) can request review and reconsideration from the Wage and Hour Administrator( See 29 CFR Part

1. 8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator
U. S. Department of Labor
200 Constitution Avenue, N. W.

Washington, DC 20210
The request should be accompanied by a full statement of the interested party' s position and by any information ( wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) Ifthe decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board ( formerly the Wage Appeals Board). Write to:

Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

EXHIBIT C
Local Assistance Procedures Manual Exhibit 12- H

CITY OF LATHROP

DEPARTMENT OF PUBLIC WORKS
THIS AGREEMENT, made and concluded, in duplicate,
PAVEMENT MA( NTENANCE AND REPAIR PROJECT, CIP PS 21- 12 between the City of Lathrop thereof, party of the first part, and Contractor, party of the second part.

ARTICLE I.-- WITNESSETH, That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the said party of the first part, and under the conditions expressed in the 2 bonds, bearing even date with these presents, and hereunto annexed, the said party of the second part agrees with the said party of the first part, at his own proper cost and expense, to do al( the work and furnish all the materials, except such as are mentioned in the specifications to be furnished by said party of the first part, necessary to construct and complete in a good, workmanlike and substantial manner and to the satisfaction of the City of Lathrop, the work described in the special provisions and the project plans described below, including any addenda thereto. and also in conformance with current California Department of Transportation Standard Plans, the Standard Specifications, and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished, which said special provisions, project plans, Standard Plans, Standard Specifications, and Labor Surcharge and Equipment Rental Rates are hereby specially referred to and by such reference made a part hereof.

The special provisions for the work to be done are dated Apri129, 2022 and are entitled:

CITY OF LATHROP
DEPARTMENT OF PUBLiC WORKS
CONTRACT SPECIFICATIONS- PAVEMENT MAINTENANCE AND REPAIR PROJECT, CIP PS 21- 12 ARAMand Micr• ostrrfacingRoad Treatn ent
IN
Laihrop, CA
The project plans for the work to be done were approved April 29, 2022 and are entitled:

CITY OF LATHROP

DEPARTMENT OF P U B L I C W O R K S
PROJECT PLANS- PAVEMENT MAINTENANCE AND REPAIR PROJECT, CIP PS 21- 12 ARAM and Microsurfacing Road Treatment
IN
Gathrop, CA
LPP 18- 01 Page 19 of 27
January 2019
Local Assistance Procedures Manual Exhibit 12- H
ARTICLE II:- The said party of the first part hereby promises and agrees with the said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices hereinafter set forth, and hereby contracts to pay the same at the time, in the manner and upon the conditions herein set forth; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.

ARTICLE III.--The State general prevailing wage rates determined by the Director of Industrial Relations are hereby made a part ofthis contract. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms ofthis instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. When the project is subject to both State and Federal hourly minimum rates for wages and fringe benefits and when the two rates differ for similar kinds of labor, the Contractor shall not pay less than the higher rate. Federal wage rates can be found in Exhibit B.

ARTICLE IV:- By my signature hereunder, as Contractor, I certify that I am aware ofthe provisions of Section 3700 ofthe Labor Code which reGuire every employer to be insured against liability for worker' s compensation or to undertake selfinsurance in conformance with the provisions of that code, and[ will comply with such provisions before commencing the performance of the work of this contract.

ARTICLE V.--And the said Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing al( the work contemplated and embraced in this agreement; also for all loss or damage, arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City of Lathrop, Department of Public Works, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications, and the requirements of the Engineer under them, to wit:

ARTICLE VI:- The provisions of Form FHWA 1273 is hereby physically attached, unmodified as a part of this contract( Exhibit A). This provision applies to federal- aid contracts and all work performed by subcontracts and subsequent lower-tier subcontracts and required be physically included in each executed contract.

ARTICLE VII.-- The Minimum Federal Wage Rates Determination is hereby physically attached, in conformance with federal 10- day rule as a part of this contract( Exhibit B). This wage rate determination applies to federal- aid contracts and all work performed exceeding 2000 by subcontracts and subsequent lower- tier subcontracts and required be physically included in each executed contract.

LPP 18- 01 Page 20 of 27
January 2019
Local Assistance Procedures Manual Exhibit l2- H
IN WITNESS WHEREOF, The parties to these presents have here- unto set their hands the year and date first above written

CITY OF LATHROP
DEPARTMENT OF PUBLlC WORKS
By
Michael King, Assistant City Manager
Authori ed 1ocal Agency Representative
Contractor
By
American Pavement Systems Inc.

Licensed in accordance with
an act providing for the
registration of contractars,
License No.

Federal Employer ldentification
Number
Approved and certified as being in conformance with the requirements of the State Contract Act.

Salvador Navarrete, City Attorney, City of Lathrop
Approved Effective
Z
LPP 18- 01 Page 21 of 27
January 2019
f

EXHIBIT D
l,ocal Assisinnce Procedures Manual Exl[ bit 12- H

CITY OF LATHROP

DEPARTMENT' OFPUBLIC WORKS
BID
FOR

PAVEMENT MAINTENANCE A VD REPAIR PROJ' CT
IP PS 21- 12)
IN

LATHROP, CA
Notice to bidders and Special Provisions dated: April 29, 2022 Project Plans approved: Apri129, 2022
Caltrans Standard Specifications: 20l 8
Caltrans Standard Pians: 2018
City of Lathrop Design and Construction Standard Detaits: 2021 City ofLathrop Design and Construction Standards: 2021
Federal Aid Pro,ject No. STP'L-54S6( 021)
Bid Opening Date: May 24, 2022
1 PA 18• O] Page 1 of 23
fanuary 2019
s p
Local Assistancc Procedures Manual Exhibit l2-H
DO NOT D TACH}

PROPOSAL TO TNE CITY O IA'TE ROP

D PARTM NT OF PUBLIC WORKS
NAME OF BIDDER erican Pavement Systems Enc.

BUSINESS P. O. BOX
CLTY. STATE, ZiP
BOSINESS STREET ADDRESS 1012 11 th Street Ste 9 000
Pleax Grtude everr{ jP.O. Bas uaed)

CITY, STATE, ZIP
TELEPHONE NO: AREA CODE( ) 209- J22- 77
AX NO: AREA CODE( 209-408-0427
CUNTRACTOR LICENSE NO. 9 2
The wnrk for whicb this proposat is submitted is for canstnictian in conformancc with the special pmvisions( inc[uding the paymcnt of not kss than thc Steta general prevaiting wsge rates or Federal minimum wage retes), the project p[ ans dcscribed betow including any addanda thereto, the contract anncxed hereto, and alsa in canformence with Currettt California Departm tt ofTransportation Standsrd Plans, Standard Sgecifications, ead tlie Labor Surcharge and Equipment Rental Ratcs in eflect a the date the work is accamptished.

Thc speciat provisions for the work to be done are datcd Apri129, 2422 and arc cntitled:

C1TY OF LATHROF

DEPARTMENT UF PUBLIC WORKS
CONTRAGT SPECIFICAT[ ONS- PAVEMENT MAINTENANCE AND REPAIR PROJEGT, C[ P PS 21- 12 IRAMand crasurfacing Road 73 eatntenJ
IN
Lalhrop, Cr!
The project plans for thc work to ba donc v rcre approved Apri! 29, 2022 and are entitled:

CITY tJF LATHROP

DEPARTMENT QF PUBLIC WORKS
PROJECT PLAIVS- PAYEMENT MAINTENAtVCE AIYD REPAiR PROJECT, CIP PS 21- 12 rtRA l Iand Mirrost rfacing Rvad Trealment
IN
LQthrap, GI
LPP 18- 41 Pagc 2 of 23
Jnnuary 2019
r
Local Assistance Pracedures MenuAt Exhibit 12- H
Sids are to be submiried for the entire work. The amount of the bid for comparison purposes wett be t6e total af sU ilems. Thc biddcr shal! set fo th far sach unit basis itcm of work a unit price and a rotsl for thc itcm, aad for each lump sum' stem a total for the item, etl in clearly Icgiblc 6gures ip thc respcctivc spaces provided for that purpase. Fn the case of unit basis items, the amount set forth under ihe" Item Totat" column shall bc thc product afthe unit price bid and thc cstimated quantity for thc itcm.

In case of discropancy betwecn tha unit price and the tatal stt forth for a unit basis item, the unit price shaU prtvail, except ss provided in( a} or( b), es follaws:
a} If thc amount set forth as a unit price is unreadabie or atherwisc unctear, or is ornitted, or is thc samc es the smouat of thc entry in the item total column, then the amount set fodh in the item total column for the itom shalt prevaii and shalf bo divided by thc cstimatod qua» tity fflr the item snd the price ihus obtained shall be tha unit price; b)( Dacimal Errors) If the praduct of the entered unit price and th estimated quaniity is exactly oft' by a faotor often, one hundrui, etc.. or ono-tcnth, or one- hundr dt6. atc. from the entered tatal, the discnpancy witl be resolved by using the entered unit price or item lotal. whichever most clostly approximates percentage- wise thc anit pricc or item total in thc CI7Y OF Lr17' HROP S Finel Fstimate of cos t.

If both the unit pricc and the item total are unreadabic w otherwise unclear. or are omitted, the bid may bc deemed irregular.

Likcwise, ifthe iicm total f r a lump sum item is unreadable or otherwise unolcar, or is omitted, the bid may be dcemed irregular unless thc projcct being bid has only a single item and a clear, n dable total bid is providcd.

Symbols such as commas and dallar signs wil! be ignarul and have na mathemaEical significanec in establishing eny unit price or item total or lump sums. Writtan unit pricts, item totals end lump suras will be interpreted according to the number of digits and, ifapplicablc, decimal placcmcnt. Ceats symbols elso haveno significance in establishing any unit price or itern total since a[ 1 fgurcs are assumed to be expiessed in dollars and/ or decirnal Erttctions of a dollar. Bids an lump sum items shatl be item toEals oniy; if eny unit pricc for a lump sum itam is includcd in a bid and it differs from the item total, khe items total shall prevail.

Tho foregoing provisions for the resolution of specific ir gutarities cannat be so comprohcnsive as to covcr cvory omission, inconsistency, ermr or other irregularity which may occur in a bid. Any situation not specifically pravided for wifi bc determined in thc discrction ofthe CI7YOFL4TNROP in thc manner deemed by ihe CITYOFLrdTHRQP, snd that discxetian wiU be exercised to best proteet the public interest in thc prompt and eoonamical campletion of the work. Tha decision of the CITY OF IATHf20P respecting the amaunt of a bid, or the existeace ar trestment of an irngularity in a bid, shall be fiaal. If this proposal shnIl bc accepted and the undcrsigned shall fail to enter into the contreet and furnish the Z bonds in the sums required by the State Contract Act, with surety satisfactary to the CIIYDF LATHROP, within 8 days, not inctudiag Satardays, Suadays and kgal hotidays, after the bidder itas nccivcd no6ce from the CIT!' OF L.47'HROP tl at the contract has bcen awardcd, thc C1TY OF Lr1?' HROP may, at its option, determine that the bidder has ebandoned the contract, and theroupon this pmpasal end thc ecceptancc thereof shell be nnll ead void and ihc forfeiture ofthe security accompanying this praposa! shall operate snd the same shaU be thc property of thc C17Y OF LATNR P, The undersigned, as bidder, declsres that the only persons or partiss interestod in ihis proposaf at principats ere t6ose named herein; thet this proposal is made without collusion with any other person firm' or corporation; ihat he has cnrcfulty cxamined the locatian of the proposed twrk, thc annexed proposed form of contract, and the plans therein referred to; and he proposes, and agrees ifthis proposal is acccpted, that he wiEE cantract with ihe CITYOF LATNROP, in the form of the eopy ofthe contract aancxed hercto, to provide all necessary machinery, tools. epparatus end other means of construction, and to do all the work and furnish atf thc meterials specificd in the contract, in the manncr and time therein.

LPP 18-01 Page 3 of23
JAnuary2U19
r
Local Assistance Procedurrs Manua{ xhlbit 12- If
PAVEMENT MAINTENANCE AND REPAIR PROJECT. CIP PS 21- 12
Bid Schedule
Bid Uait Extended
Y Description Quantity Units
p price
i ohilizetion, Bonds Insurance I LS Z SaO Z,trX
2 rosion 8c Scdiment Contro! PEan 1 LS f• - j,
r''
3 raffic Cantrol System 1 LS Q, 3. m
eserve and Protect Survey Monumentatian, per 2022 4
ity Standards, Appendix E
37 EA a, va 7. qp
5 lace Microsurfacing 2, 155, 220 SF y
t
7r Z
6 lace ARAM Road Surfece Traatmeat 791, 370 SF j j q l+jiA 7 nstal) Blue RPM's Q Fire Hydrant t73 EA (, S'/ t. zS
emave Ex'ssting Thermoplastic Markings and 5triping 1 I..S , Ct a. 9 hermaplastic Striping- Caltrans Std. Pin. A20* Detail9 28, 215 LF 1 g 2
r,`' j.
10 hermoplastic Striping- Caitrans Std. Pln. A20, Detail 2 9,bQ0 LF Z,/ o Zp( GQ. po 11 ermoptastic Striping- Caltrans Std. Pln. A20, Detai125 16, 2Q4 LF t.05 t71D1 D, bo 12 ermaplastic Stripiag- Caitrans Std. Pln. A2Q, Detai! 27 3I5 LF 2, 0 j f: SD 13 ecmaplastic Striping- Caltrans Std. Pln. A20, Dataii 38 4, 440 LF .! 5/. y0 4 hermaplastic Striping- Caltrans Std. Pln. A24, DeEai134 I5, 860 LF . 93 J D( 7 gAmoplastic Striping- Caltrans Std, Pin. A20, Detail ,
050 L SO
l6 hern oplastic Striping- Caltrans Std. Plq. A20, Detaii 40 280 LT' Z, '• a? 17 ermoptastic Striping- 8" White Line Hatching 530 LF . r j/ 3, a 18 hermoptastic Stciping- 8" Yeiiow Line Hatching 25Q Li' •, l "j"2,.5 OD g herrr oplastic Striping- 12" White/ Yellow Lina 770 LF Zb rlp 03`/ ermoplestic Striping- l0' Ycllow Laddcr Crosswalk
3 900 SF f, 3 D
i
ith i' Rungs and 4' Sgscing
LPP IS- Qi Page 4 of 23
January 2019
F
Locel Assist nce Pracedures MnnusE Exhibil 12- H
21 hermaplasHc Marking- Type 1 Arrow( 24')( Thru} 9 EA " ,, op Z2 hermoplastic Marking- Type II Arrow( Tl ru- LefURigh1 2 EA - t$,c,o . c.,, t-r 23 hcrmoplastic Marking- Type III Arrow( Left ar Right) 50 EA 24 rn oplastic Marking- Type 1V Arrow( short IeR) 2 EA , t 1, 11 Q 25 hermoplastic Marking- BIKE LANE pIus Arrow 10 EA j/ cp p, c 26 hcrmaplastic Marking- Spccd Limit 34 EA p;, t JLg, o 7 27 ' STOP LBgCI1d 170 $ A
t ( l, ss"p.
oT, sm: 1 °°` i 3 • `°
otal Bid Amoont fn Words: j
1 1,
Qne. Y,; f c` - wo , r/ y, 1 •+" '}, dV6' G/ b r/ K
N, L t d djG S dirt l,t- S
LPP 18- 01 rags s ara.

January 2019
A
Local AssIstAnce Pracedures MAnuai Exhibit 12- H
List 5 projects compteted by your company of a nature simitar to this project:

Project Contract Name, Address and
Price Telephone Number of Owner
x, G , s
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January ZOi9
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Locel Asststance Procedures Mannal Exhlbit i2- H
T}se Biddor shail list the name and sddress, Contractor ticense number, and description of portion of work subcontraotcd of each subcontractor to whom the Bidder proposes to subcontrsct gortions of ihe work, as rcquired by the p+n isions of the Standard 5pecifieations end of the spocial provisions.
isT oF suBsonT€ cro s
Busintss Californis Bid Items Pecccntage of
Name and Lacation Contractor License Description of Portion of Work Numbers Bid liem Number Subcantractcd
r r ' Y .-
DO S r
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ba
7'HE BIDD R'S l'LCU770NON THE SIGNATURE PORTION OF TIfIS PROPOSAL Stl lLL ALSOCONS77TUTEANENDORSEMIENTAND EXECU770NOFTHQSECERTIFIC lTIONS 1YNICHARF, 4 PARTOFTHISPROPOSAL)
LPP 1& OI Page 7 of 27
Januxry 2Q19
LocA! Assistancc Procedures MAnuat Exhlblt 12- H
EQUAL EMPLOYMENT CIPPORTIJI+RTY CERTIFICATION
The bidder iean Pavement Systems Ine. propased subcantractar hereby certifia that he hasX, has not, participat d in
a previous contrect or subcontract subject to the equal opporttmity clauscs, as requircd by Executive Orders t Q925, 11114, ar I 1246, and that, whcre rcquircd, he hes filed with thc Joint Repotting Committee, the Direcior of the O ce ofFedoral Contract Ca npFianec a Fedcral Gavernment conlracting or administering agancy, or the fornxr Prssident' s Committce on Equal Employm nt Oppartunity, s! i reports dae under the appiicabta filling requirements. l tote: Thc above certificatian is rcquiced by thc Equal Employment Opporiunity Regulations oft6e Secretary of Labor( 41 CFR 60- 1. 7( b)( 1)), and must be submitted by bidders and pmposed sabcontracrors only in connection with contracts and sut contracts which are subject to the equet oppottunity ctause. Contracts and subcontracis whieh ere exempt from thc cqual opportanity clsuse at+e set forth in 4I CFR 60- 1. 5. ( Goneralty only contracts or subcontraots of S I Q 8Q0 or undcr arc c ccmpt.)
Currently, Standard Form I00( EEO- 1} is the onIy nport required by tha Elcacutive Orders or their implementing rogu)ations.

Proposed prime contractors and subcontractors who have participated in a prsvious contract ar subcantraci subject to the Executive Orders aad heva not fi[ ed thc requiced roports shautd note that 4 f CFR 60- 1.?( b}( I) prcvattts thc sward of cantrects and sut ontracts unless such contractor submits a teport covering the delinquent period or such other period spccificd by the Fcderai Highway Administration or by the Director, Office of Federai Co» tract Complianee, U.S. Department ofLabor.

LPP t8-Ot Pege 8 of 27
Janusry 2019
Locat Assistance Procedures Mnnu» i Exhibit 12- H
ruBx. rc corrrRacr conE
PU$ LIC CONTRACT CODE SECTION 10285. I STATEMGNT
In confqrmeace with Public Conhact Code Section 10285. 1 ( Chapter 376, Stats. 1985}, the bidder hereby dectares under penslty of perjnry under the laws ofthe State of Califomia that the bidder has_, has nat X becn canvicted within the preceding threa years of any offe ses referrtd ta in lhat section, including any charge of fraud, bribery, caliusion, conspiracy, ar any other act in violetion of any state or Eederal antitrust law in connection with the biddiag upan, award af, or perforrr anee o any pubtic works contrect, as defined ia Public Conhact Code Ssctian 1101, with sny public entity, as defined in Pubtic Contract Code Section i 100, inctuding ihe Regents of the Uneversity of Cslifornia or the Trustees of the Califomia State Universiiy. T1tc term" biddcr" is understoad to includa any partner, member, offcocr, dircctor, respansible msaaging officer, ar responsible managing emplayee thtreof, as refcrred to in Section 10285.[.

Notc: The bidder must place a chcckmarlc after" has" or" has not" in one af the bIank spaces providcd. The above Statament is patt afthe Propasel. Signing this Propasal on the signetuce portion thereof shaEl also cansritute signature ofthis Statement. Bidders are cautioned t6at making a falsc certification may subjtxt the ecrtifier to criminal prosccution.

PtJBLIC CONTRACI' CODE SECI'IQ1V 10162 QUFS'I'IOiYNAIRE Ia conformance with Public Contraet Code Section I OIG2, the Bidder sha{ I complete, under penaity of perjury, the following quastionnairc:

Has the bidder, any officcr af thc bidder, or any employcc ofthe biddcr who has a proprietary interest in th biddar, ever been disqualified, removed. or otherwise prevcnted trom bidding on, or complctin s federal, state or local government project beceuse of a viotation of law or a sefety rcgulaiion?
Y s No x
If the answer is yes, explxin the cir umstances in the foilowing space.

LPP 18- 01 Pngc 9 of 27
January 2019
r
Lncal Assistance Pracedures MAnuel Ezhibit i2-H
PUBLIC CONTRACT CODE 1Q232 STATEMENC
In conformanca with Puhlic Contract Cade 5ection 10232, the ConGactor hcreby staics undcr penatty ofperjury, that no mQre than one final unappestable fnding of contempt of court by a federat court has been issuad againsi the Contraator within the icnmsdiately preceding two- year period because afthe Contraclor' s fai[ure to comply with an ordcr oCa federaf court which orders the Contractor to campty with an order of th NaUone[ Labor Relations Board.

Note: The above Statement and Questionnairc arc pari of thc Proposal. Signing ihis Proposal an the signature portion thereaf shell slso constituie signature of thu Statement and Questionnaire.

Bidders are cautianad thut making a false certification may subject the certifier to criminal pras cution.

LPP 18- 01 Page 10 oC27
January 201
Local Assistance Procedures Manual Exhibit 12- H
Noncollusion Affidavit
Titl 23 Unitcd States Code Section 112 aztd
Aublic Contract Cod Sectian? t Ob)
To the CITY of LATHROP
17EPARTMEN7' OF PUBLIC WORKS.

In conformance with Titla 23 United States Code Section 212 end Pubtic Contract Code 7106 the bidder declarrs that the bid' es not msde in the interest of,or on behalfof any undisclased person, pa tnership, compeny, association, organizetion, or eorporetion; that the bid is genuine and not callusive ar sham; that the biddar has not directly ar indirectiy induced ar solicitcd any other biddcr to put in a false or sham bid, and has not directiy or indirccUy colluded, conspired, connived or agreed with any bidder ar enyone else to put in a sham bid, or that anyone sh 11 refrain from bidding; that the bidde has not in any manncr, directly or indirectly, sought by agreement, communication, or conference with anyone to fex the bid priee ofthe bidderor any other biddtr, or ta 6x any overhead, profit, or cost e(ement ofthe bid pricc, ar ofthai ofany othar biddcr, or to securo any advantage against the public body awarding the contract of any one intcrested in the proposod contract; that all stetoments containcd in the bid are truc; and, further, that the bidder has not, diracily or indirectly, submitted his ar her bid price or any hrcakdown thereaf,or the contants thoreof, or divulged informetion or data relative therolo, or paid, and will not pay, any fcc to any corporation, partnership, company association, organizstion, bid depository, or to eny member or agent thereaf to effocluate a collusive or sham bid.

Note: The above Non-r.ollusion Affidavit is part oftha Praposel. Signing this Proposal on the signature portion thereaf sheli also constitute signature of this Non- coltus'son Affidavit. idders ate cautioned that meking s false cedifieatian may subjeet the certifier to criminel prosecutian.

LPP] 8- OI Page il of27
Januxi y2019
l.ocal Assistance Procedures Mnnu l Exhibit 12- N
DEBARM NT AND SUSPEI ISI4N CERTIFICATION
T1TLE 49, CODE OF FEDERAL REGULATIONS, PART 24
The bidder, under penalty ofperjury, certifies that, except as noted betow heJshe or any oEher persan essaciatad therewith in the capacity of owner, partner, director, afficer, manager:
is not currently under spspension, debarment, voluntary exclusian, or determination of ineligibility by sny cderal agency;
has not been suspended, debarred, valuotarily excluded or determined ineligibie by any Federal agency within the past 3 years;
does not have a proposed debarment pending,and
has not been indicted, convicted, or had a civi[ judgment rendered against it by a court of competent jurisdiction in any maiter involving fraud or official misconduct within the past 3 years.

If there are any exceptions to this certification, inscrt the e cceptions in the fallowing space.

Excaptions will not necessarily result in denial of award, but will be cansidered ia detecmining bidder responsibility. For any axceptian noted above, indicate below to whom it applies initiating agency, and dates of action.

Notes: Providing faise information may rasult in criminal prosecution or administrative sanctions.

The abovo ccrtification is part ofthe Proposal. Signing this Propasal on the signaturs portion thereof shatl atso cansEiiute signature of this Certification.

LPP 18- Oi P ge 12 of Z7
J nuary 2019
Loce[ Asslstnnce Pracedurts Manual Exhlbit 1Z- H

NONLOBBYING CERT'IFICATION

FOR FEDERALAID CONTRACTS
The prospectivc participant certifies, by signing and submittiog this btd or proposal to the best of his or her knowledge and bclicf, that:

I) No Fedcrnl appmpriatcd funds Gave been paid or wilt ba paid, by ar on behalf of the urtdersigacd, to any person for influcncing or aitempting to infiuenc an o cer or employee afany Federal agency, a Member ofCongrass. an officcr or employee of Congress or an employee of a Member of Congrcss in connection with Ehe awarding of any Fcderaf contreci, tha making ofany Fedarsl gtant, thc makingofsay Federal loan, thc cntcring into of any caaperativ+e egreement, and the extension continuation, reaewal. amendment, or modification of any Federa! cantrect, grant, loan, or caope ative egreement.
2) ifeny funds other than Fedoral appropriated funds have beea paid or will be paid to any pecson far inAuenc ng ar atfempting to influence an offiecr or err ploycc of sny Federel agency, a Member afCongress, an afficer oc employce ofCongress, ar an cmployee ofa Member afCongress in connection with this Fcd ral contract, grant, toan, or cooperativc agreement, the undersigned shall completc a d submit Standard Form-LLL," Discioswe af Lobbying Aativities; in conforrnance with its instruetions.

This cectification is a material represcntation of fact upon which relietsce was ptaced when this transaction was made or entered inta. Submission oftbis certificstion is a prerequisite far making or eniering into this transaction impased by Section 1352, Title 3I, U.S. Code. Any person who fsils to fife the required eertificatian shall ba subject to e civil penalty of not tess than S10, Q40 and not more tban 5144, 000 for each such failure. 1' he prnspecdvc participant afsa egrees by submitting his or her bid or proposal that he or she shall require that tha Ienguage of this certification be inc[ uded in ail lower tier subcontracts, which exeeed S100, 000 and that all such subrecipients shall ccrtil+ and disclosc accordiagly.

LPP 18- OI Page 13 of 27
Januery 20] 9
Loca! Assistancc Proccdures MAnusl Ex6iblt 12- H
DISCLOSUR OF L4BBYING ACTIVITIES
COMPLEtE THIS FORM TO D1SCLt} SE LQBBYING AC1' tYi' CSES PUItSUANT TO 3! U. S. C. 1752

1. Type of Federal Action: 2. Ststus of Federat Action: 3. Rcpart' I pe:

C e. contcect CEe. bid/ ofTer/applicatian C n. inilial
b. grant b. initial s verd b. 1 change
c. cooperativc agce c. post- award
d. losn Ckaage Only:
e, loen guarantee quariu
f. loen inaumncc ofiAst roperrt _ _

4. Neme and Address ofRepo 5. IfRcpo Na 4 is Subawerdee, Cater ddras atPrime:

Prisac Su6awa
Trcr
Congrcsslonai District, ifSmown nSresiian F District, iiknown

6. FedarAl Department/ Agcacy: I Pragram NamefUeseription; r, ifapplicablc

8. Federal Actioa Number, if kno 9. Awa knawn:

I0. a. Nnmc and Add Eatity b. Ittdividuah Perfo n {including Ifindividusl, trst name, Mi) address ifdifhc+ent
tast neme, first name,
atiach CwttinuaGon Sheet{ s} ifneassary}

11. Amount of Payment( check aU that arply) 13. ' Cype a! Payment( cherk all that spply) S satual Flenned e. retainer
b. one- tims fee

12. Torm of Payment( clrcck aU thrt apply): c. commission 8 a. cash d. contingent fec
b. in- kind; specify, naturo e. dcCerred
value f. ather, specify

14. Arief Descriptinn ofServices Pc formed or to be per[armed anJ Datc( s) afScrvtcc, inciading ofticer{ s), employee( s), ar member( s) coatacted, for Payinen! ladiceted in item l I:
attaclti Continuation Sheel( s) ifnccessary)
l5. Contlnuallon Shee1( a) attached: Yes No

6. Information tequested tlurntgh thie Cam u euthoriud by Title 31 U S. C. Sestion 1352. This disclosurc af lobbying Signatun:_ ,_. sli nce was pfaccd by thc tia above wfien his trnnseciian wu meda acnteRd into, '( Uis dixlmurc is rcquircd
Print Name: f@C10CY B, Reed
pu[ x enl to 31 U. S, C. 1352. ' ihis infamniiaa will be rcported to Cangrrss semiennually and wiU be eruiiabk Cor puhlic inspectiat, My pcison vho fe ls to Gle Ihe tequirtd 7 tlC: President diulasum sh ll be subjut to a civi! pea atty oPnot Icss then S1R,000 aix! not mare than S1U0,00 foreesh such failurc. Telcphone No. ? OtI- 5? 7- 7777 Dnte:

Authorizcd for i.ocal Rcproduction
Fedcral Use Oni : Standard orm- LLi.

LPP 18- U1 Fage 14 af 27
JAnuary 20i9
LacAl Assistancc Pracedures Manunl Exbibit 12- H

INSTRUGTIONS FOR COMPL TION OF SF-LLL,

DISCLOSURC OF LOBBYING ACTIVITIES
This disclosurc form shalf be complcted by thc reparting cntity, whcthcr subawardec or primc Fcdcral rscipient, at tha initiatEan or rcccipt of covercd Fadcral action or a meteria! changc to previaus filing pursuant to titic 31 U.S. C. scction 1352. ' Itic fling of a foRn is required for such payment or agreement to make payment to Mbbying entity for inQuencing ar attempting to inAucnce an officer or emplayee of any agency, a Member af Congress an officer or employce oF Cnngross or an emptoyec of a Mcmber of Congress in connection with a covere d Federa! aetion. Ariach a continuation sheet for additionai infarmation if the space on the form is inadequaia Camp[cte a1i iEcros that apply far both tho initisl filing and rnaterial change report. Refer to thc implsmenting guid lce publisF ed by the 011ice of Menagtment and Budget for additianat information. i. fdetriify the type of covercd Federal action for which lobbying aciivity is and/ ar has bcen securcd to inFtuence, the outcome n#'a covered F erel aetion.

2. IdeMify the status of the coverecl Fedcral action.

3. Identify the appropriate classification of this report. if this is a t'ollow- ug report caused by a rnaterial chenge to the informetio previously repoRed, enter thc y r and querter in which the chenge ocxurrsd. Entu tha detc of the last, pceviously submitted xport by this reporting entity far this covered Feduat eetion.

4. Enter the full name, address, city, stete and zip code of the nporting antity. include Congressionat Disirict if known.

ChCck ihe appropriete classiGcetion of the raporting tnEity that designatrs if it is ar expects to bc a prime ov subawatd recigient. idenlify the tier of ihc subawardee, e.g., the first subawe a of tfie prime is thc first ter. Suhawsrds include but are not timited to subcontrects, subgrants and contsact awards under grants. 5, tf tha org,anizatiae fiting the report in Item 4 checks" Subawardce" then anter thc futl nsme, address, city, statc and zip code aFihe prime FederBl recipient. Include Congressiona! Disiriai, if known.

6. Enter the namo of the Fedatnl agency mslcing the atvard or loan commitmcnt. Includc at least ane organization level bclow egency namc, if known. Por example, llcpertment afTransporiation, United States Coa9t Guerc1.

7. Enter the Ftderal ptngram name r description for the covared Federel ection{ itcm 1). if known, enter the fuEl Cetalog of Fcdera! Domestic Assistsnce{ CFDA) numbcr fnr grants, coopr.rative agreements, loans and toan commitmcnts.

8. En1er the most eppropriate Federal ident9fying numher sysilable for the Fedrxal action idendfication in itom I ( c.g., Request for Proposal( RFP) numbcr, Invitation for Bid( IFB) numbar. grant ennounce nc t number, the contract grant. ar taan award numher, tho spplicationtp vposal aantmi numbtr assigned by the Federal agencyj. Include prefixes, e.g., p" LY7U W 1 N

9. For a covcred cderal action whcrc thue hes been an award or loen eammitment by Qu Fcdcral sg,ency, enter the Federgl amount af thc award/ loan commitments for the primc entity identificd in itcm 4 or 5.

10. ( e) Entcr ti e fuU namc, addre.ss, city, slats a id zip codc of thc lobbying rntity engagcd by tha reporting cntity idcntified in itcm 4 to infltsenced thc covercd Federaf aciion.
b) ntcr ihe fu11 namcs of thc individunl( s) performing seovices and include full sddrass if differcnt from! 0( a). Enter Lest Namc, FirstName and Middtc initisi{ Ml).

I 1. Entcr the amount af campauation} sid or rcasonably expectad to be paid by the reporting enEity( itcm d) to the lohhying entity( item l0). lndicatt whtther lhe payment hes been made( aatuel} ar will be mede( planne. Check ell baxes that appEy. [ fthis is a material changc report, enter the cumulative amount of payment madc or planned to be made.

2. Check the agpropriate box. Check all baxes 1E at apply. If yment is made throug s an in- kind cantribution. specify lhe naturo and valua of thc in- kind payment.
i 3. Checl: the epproprislc bnx. Check s! 1 boxes that apply. If other, specify naturc.

14. Pravide a specific und detailal description of thc acrvicea thai tht tobbyist has performcd or will be atpectcd to perForm and the date( s) aF say servicas rendered. Inctucie all prcpararory and latcd activity not just time sp nt in ectua! contact with Faieral of#icials. Identify the Federal ol ieer( s) or emp{ ayee( s) contacted ar the o#'ticer( s} cmployee{ s) or Member( s} of Congnss Ehat wece contacted.
1 S. Check whether or not e continuation sheet( s) is atteched.

16. ' It e certifying ofTicial shell sign and c Ee the form, print his/ her name titic and telsphone number.

Public neportIttg burden far this callection of informatian is cstuneted to avcrage 3Q minutes per response, including time for revicsving instruction, scarching existing data sourc.cs, gatharing end meintaining the deta needed, snd completing end reviewing the collcction of informatlon. 5end comments rcgarding the burden estimsle ov eny ather aspect of this collectian of information, inclnding suggesttons For reducing this burden, to ihe Officc ofMar egrcment and Budgct, Pepenvork Reduction Project 0348- 084b}, Washington, D.C. 20503. sR, u. e.,,, R,, a.,,, os. wso. ertutr» LPP 18- 01 Page 1S of 2?
January 2019
8 y
COPY
Locai Assistance Prace@ures Manual xhibit 12- H
Accompanyingthis proposal is Bidder' s Bond
NOTICB; INSL RT TH8 WORDS" GfSN( x „ „ 1,"" CASNl6R'SCHECK," CBRTIFIEdCHE K" OR" BIDDEK BOND," iLSTHE CASfiAfi11' 86,) in amount equal to at least ten percent of thc totai of thc bid. ` The namas of a! 1 persons interested in the forcgoing progosal as principa[ s are as follows:

IMPORTANT NOTICE: Ifbidder• or othe• Inlerested pe son is a co poratian, stare lega/ name ofcorporaJlon, also names oj! he presidenl, secrefary, treasurer, and manager thereaJ a coptrrMership, slate trtre nonre offinn, also numes of a11 individua! copariners canposing frrm; ifbidder or olher inte esled peiaon is an rndivideral, stale frrst artd lnst aames infi ll.

American Pavement Systems lnc. - Califomia
Gregory B. Reed - President Pamela D Call- Secretary
Marc A Bertsch - ce President
Licenstd in aonfurmance with an act providing for the registration of Contractors, License No. 943792 ificakian( s}
A

ADDENDA
This Propasal is snbmitted with respectto tfie changcs to the contract incfuded in addenda numbcrts Ftll in addertde nuatbers/' addutda have 6een received and inrer, in tliis Proposol, aay Engineer's Fstimale sheels tlwt tivt:•e received aspar oflix addenda.)
By my signature on tt is pmposal l cerlify, under panalty of perjury under tha taws of the State of Cal9lornia, that the fo egoing questionnaire and siatements of Public Contruct Code Sections ] Oi62, 10232 and l0285. 1 arc true and correct and that the biddcr has camplied with the requiroments of Scction 8103 of thc Fair Employmcnt and Housing Commission Regulations Chapter 5, Titls 2 ofthe Califomia Administrative Codc}. By my stgnaturo on this proposaE I further certify, ptxler penalty of perjury undar tha laws of the State af California and the Urtited States of America, that the NoncoUusiun Affidavit required by Title 23 United Stales Code, Section 112 and Au6Eic Contract Code Sectian 7106; end the Titk 49 Code af Federal Regutations, Part 29 Debarmant and 5uspens9on Certification are tcua and carrect.

Aato: '
1 American Pavemen# 5ystems Inc.
sign
e Gregorx B. Reed - President
Signaturc and Titic ofBidder
Business Address 101219th Street Ste 10Q0 Modesto CA 95354 pia of aus n s _. 10121 i th Street Ste 1000 Madesto. CA 95354 Place of Residencc 109 2 11 th Street Ste ' i D00 Modesto, CA 95354 LPP I9- A1 Pagc 16 of 2T
3ansary 2019
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l.ocsl Assistnncc Procetlurrs Mau u l Exitibit 12- t1
CITY OT L4TI ROP
DE ARTIVIENT OFPtIBLlC FYDItICS

BIDD R' S BOND
We, Ameritan Pavement 5 stems, Inc.
as Principgl, and
Traveler Casualty and Snrety Company Qf Ameri a
as Surety ere bound u to die City oF [. nthrop, State of California, hereafter rcfcrccd to as " Qbligee", in tl c penal sum of ten percent{ 10%) oPihe tbtal a x uiit ofttic bid oftl e Prinaipat suUmiticd to dro Obligee for the work dcscribed bolow, for the paymtntof wl ich sum we bintf outselvcs,} aintly and sevcrally, TE COND[ T[ OlV OI' TttiS OTiLIGA' f[ON IS SUCH, THAT:

WHEREAS, die Principal is submitte! ta dic 0 ligcc, For Pnvcaicnt 14tnintcaancc and Rcpnir Projcct, CIP P8 21- 12, in Lathrop, CA for whicl bids are to be opened at Ilie Cily oFLath np Cauncit Cf amber an May 24, 20.

PIQW, TE{[ tEFO[ tE, if the Principaf is awardcd thc contract ai d, within tkc tiinc and mannu required sder Ntic spccificntions, after tUe prescribed font s are presenleJ to Uim Cor signatiu• c, cnters into a written wntract, in the prescribu! fa• m, in canfonnance with the bid, and files two bonds witl the Obligee, one to guarantee faid fiet performance of tl e void; otiierwise, it shall remain in fittl fo• ce.

In the event snii is brougl t upon this bond by tlie Obligec and judgment is crcoveced tE e Surety sEsafl pay aq costs incurred by tha bli ee in sucl suit, including a rensonnble utlorney' s fee to be fi: ed by du court.

Dated: May 18 , 20 22
rego B. Reed, President
t ri, t
Travelers Cas t and Sure Corn an of America
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Kathleen Earle, ' 1o"` sw" h' M
CCRTlfICATG OC ACICNUWLCDGCMENT
SlateofCalifornitt SEE ATTACHED NOTARY
City/ County of SS
On tf is day of i i thc yenr 20 _ beFore me
personnlly appct red
ta•nep- rn fac
personally known to mo( o• provcd to me on the basis of. tis ory evicEaace) ta bc tl c person wl osc nanu is suUsaibcd to this ii stru nent as tho attarncy- in- fact of and acknawl dgcd ta me that lu( she} su6scribed the na ae of the saic! coinpany dureto as so ety, a td l is r) own namc as attomay- in•fact. 3GAI.)
Norm PrrLfFr
1, PP 18• 01 PnqA fT rlf Z7
lannary Z019
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CALI QRNIA ALI,• pURPOSE ACKNOWLEDGMENT CN1L CODE§ 1189 A natary pubqc or ather otftcer comp et t g
this cerEificate ve#' ies onty the idenEity of the in! who signed the clocument ta whkh#hls ce tificate Is aftached, and rtot the UuEitft rtass+ acct aoY or vaftdityr oftt at dotxur en.

State af Cahfomia
Cotmty af Contra Costa
on_ MAY 18 7 before me, Anibal Samuel Cam os, Notary Public Dafe hfer lnsert Name and Title of the Offtcer
personaily appeared Kathleen Earle
Name( s) of Slgner{ s)
wha proved to me on the basis of satisfactory evidence to be the person( s) whase name(s} / ar+e subscxihed to ihe wlthtn instnrment and acknowiedged to rne that he/shelthey executed the same in his/ herlfheir autho ed capaciEy( es), and that by hislherlthelr signatvre( s} on the instrument the person( s, or the en#iiyty ttpan behalf af which the person( s) acted, exec ted the tnstrumen 1 certify under PENALIY OF PERJUF Y under the laws
of the Sta#e of Cefifomia that the f egoir paragraph
is t ue artd correct.

AN18AL SNMUEL CAIAPOS
NoWry Pt btfC• Ceiifornfd WITNESS my hand and offtdai seat. n_ L '- San Nateo Ca nry #
Comrr.issfan: 2390602
My Comm. Expires feb 9, 2426 Signature
Sfgnatune af Notery Publlc
Piace Nofary Seal Above
C1P7`l NAL
Though thls sectJon! s optlonal, completing fhis Fnformation can deter alfer tlon offhe document or fraudulent neaftachment of th/s form to an urtFntended dacument.

Desc iptian of Attached Document
Titte or Type of Documen Docurnent Date:

Number of Pages: SIgner{s) Other Than Named Above:

Capacityr( fesy Claimed 6y Signer( s)
Signer` s Name: Signer' s Name:
p Corparate Officer— Title( s}: O Corporate Officer— Title(s): ' Pattner-- D Umited General O Partner— 0 Umlted O C,enera) 0 tndhridual 1 Attomey in Fact tndividual O Attomey in Fact O Trustee O Guardian ar Conseroator Trtts ee Guardlan or Gortservator O Other: p ptt er
Signer Is Repr esenting: Signer ts Representtr:
2Di4 Nationa( Notary Associatior• www. NationalNota y,arg• 1- 800- U5{+lOTARY( i-80p- 876- 5827 Travele s Casualty and Surety Company af America
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Travelers Casuatty and Surety Company
TRAVELERS St. Pau! Fire and Marine Insurance Company

POWER OF ATTORNEY
KNOW AlL MEN BY THE3E PRESENTS: That Travelers Casuatty and S xety Company of America, Travelers Casualiy and S xery Company, and St. Paut Fire and Marine insuraace Company are corporattons duly orgardzed under trie laws ot the State ot Connecficut { herein collectiveiy caqetl the" Companies" j. and that the Comparues do hereby make, constNute and appant Kaihleen Ea le of SAN ftAMON Caiitornla thei tn and lawful Attomey( s)- in- Fact to sign, execute, seal and adcnowledge any and atk bonds, recogNzances, conditionat undertakings and Wher writings obtigatory & the nature ihereof on 6ehalF of the Corr anles in the(r bus( ness of guaraMeeir g the fidelity of persons, guaranteeing ihe peKorma e of contrac s arid executing or guaranteeing bonds and undertakir gs required or permitted in any actions or proceed' mgs aUowed by law.

IN IMTNESS WHEREOF, the Companies have caused this kuUume to be signed. and ihefr corporate seals to be hereto affoced, Ws 21st day of Aprp, 2021.
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State ot Connecticut
ey:

Gty ot Ha tfad ss. Robert L. Ra mwYce President
On this tt e 21st day ot Apol, 2021, before ma personaliy appeared Robert L. Raney, wtw acknowledged himseif to be the Senior Vice President of each of Nie CmnpaMes, and that he, as s h, being auUwrized sa to do, execuked the toregoirtg tnslrument for the purposes therein coniarned by sigrung on behalf ot said Companies by himseli as a duly authorized officer.

IN WITNESS WHEREOF, I hereunla set my hand and offxial seaL My Commfssion expires the 30th day ai Juna. 2026
r *
Ar na P. Nowtic, Notary Pubitc
ThIs Pornner o( Atlomey i granted under and by the auUw ity of the following resolutions adopted by the Boards of Directors of each of the C anies. wF ch resolutbns are now in fufl force and e(fect. read( ng as follows:

RESOLVHD, that the Chahman, Ihe President, any Yce Chairman, any Executive Vice President, arry Senior vice President, any Vice PtesideM, a ry Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant SeaNary may appoint Attor ys-in-Faci and Agenis to act tor snd on beh f of the Gompany and may gfve such appolntee such authaity as his or her cerHficate af authority may prescr e ta sign with the Cort pany's name and seai wtfh ihe Company's seat bonds, recogr zances, contracts of fndemnity, and other writi s obtigaiory in the nature of a bond, recogr zance, or condilional undertaking, and any of said office s or the Boarcf of Okecto s at aoy trcne may remove any such appointee and revoke the pnwer given him or her, and it is FUR'i'HER RESOLVED, that the Chairtnan, the President, any Vice Chalrman, anyr Executive Yce President, arry Senlor Vice President or any Vice President may delegate aN or arry part of the faregokig authority to one or more officecs or emptoyees of this Campany, provided that each such delegation is in writing and a copy ereof is fited in the office oE the Secretary; a it is fURTHER RESOLVED, that any bond, recogniza ce, contract of indemniiy, or writing obligatory in ihe nature oi a bond, recognizance, or conditianal undeRaking shaq be valid and btadtng upon the Company when ( a} signed by the President, aryr Vice Chairman, any Executive Vtce President, any S nia Vke President or any Vice President, arry Secand Vice PresideM, thc Treasurer, any Assistant Treasurer, the Corp ale Secretary ot any Assistant Secretary and dtdy attested and sealed wHh ttx Company' s seal by a Secretary or Assistant Secretary; or ( b) duty executed ( under seal, H req red hy one or rrrore Attomeys- in- Fact snd Agents pursuarN to the power presaibed fn his or Iter tertificate or Ihe(r certificates of aWhority or by o e or more Company otficers pursuant to a written delegatlon of autho ity; and it is FURTHER R SOLVED, Ihat the signaWre of each of tt faqowing ofticers: Preskfent, any Executive Vice P s&ient, sny Senior Vice P esFdent, any Vice President, any AssistaM Vice President, any SecrBtary, am Assistant Secretary, and the seal ot the Company may be afHxed by facsimile to any Power of Attomey or 10 any certificale retating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys- inFact tor purposes or y at executlng and attesting bonds and undertakings arn! ather wridngs obligatory Ihe nature ihereot, and any sach Power of Attomey or certificate bearing such facsirtdle signahere tacsimNe seal sha be vaNd and bi ng upon the Company and any such power so executed and cerrified by such facs&nile signature and tacsimik seal shall be vafld and bindi g on the Company tn the tuture with respect to any bond or understandi to wF ch it is aKached.

I, Kevin E. Hughes, the undersigned, Assfstant Secretary of each of the Companies, do hereby certify thaf ths above and foregofng is a tn e and correct copy ot the Power of Ariomey executed by safd Co, sanies, which remains in tull force and effecl.

Dated tl s 18th day of May 2022 .
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Kevin E. Hughes, Assi lanl Secratary
To verlf tlre aat lienddty of Gh/ s Power ofAttnrney, p/ease u/!us at 1-800-42i-38B0.

P/ease relter to the above- named Atiomey( s)/ n-Pad and Hre drfalls ofthe band te whJrh thfs PowerofAttamey Ts ahtached.

CALI ORNIA A L- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1188 A notary pubRc other officer compteting thfs certificate verifies or y the ider ity of the individual who sfgnad the doc zn t to which this certificate attached, and not the truthtuiness, acc acy, or vaiidRy of thai documer t.

State of Califomia
County of Stanislaus
or, Mav 19, 2022 before me, Kathleen C. Jackson- Notar Public.

Date Hera lnsert Name and Trtle of the O cer
personally appeared Gregory B. Reed
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evldence to be the person(s) whose neme(s) is/are subscribed to the withfn instrument and ac[cnowlsdged to me that he/she/they executed the same in his/ her/their authorized capacity( fes), and tt at by his/ h/ thelr signature{s} on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executad the instrument I certiiy under PENALTY OF PERJURY under the laws
of the State of Cal fomia#hat the foregoing paragraph
lUTNtEEN C. JACKSON
IS tRIB aC1CI GOTfeCt.

NaurY Publk• CaiN n{ VUITNESS my hand and offidai seaE. Stinlstaus Counry Cemmissfon 22b06 3 J'1
My Comta, EzP K kP 24, 2022
Signat t_..

Stgnature of No b tc
Place Natary Seal Above
C1PTlQNAL
Though this section is optiorral, camplefing thls inforr»ation can deter alteration offhe document or fraudulent reattachment of th/s form to sn unlntended documenL Descriptlon of Attached Docurnent
Title or Type of Document:

Documant Date: Number of Pages:

Signer( s} Other Than Named Above:

Capacity{ies) Claimed by Signer(s)
SIg ne' s Name: re9ory B Reed Slgner' s Name:
62 Carporate Officer— Titls( s): President p Caporate ff'icer-- Title(s):

Partner— p Llmited General Partner— O Umited O General
C7 IndividuaE Atiomey in Fact O Individual Attomey in Fact Trustee p Guardian or Conservator Trustea Guardian or Canservator C Other: Other.

Sig er Is Rep esenting: Signer Is Representing:

American Pavernent S stems Inc.

O20t5 National NotaryAssoclatian wuvw. Nationa Notary.org• 1- 80Q- US NOTARY{ 1- 800- 87fi- 682 ( t n# 5907 m
Loca! Assistance Procedures Mannal Exhibit 12- N
Insert complsted
h ' f Clt tv dd r! BECotrrmftan a i t' nnstr.=cti rr" a atrertcll here.

Insert completed
I fi ittit t 5- H DB 1'n„_, fQrrxafion G`nad a[ilr,'']
here.

LPP 18- 01 Page 18 oF27
January 20] 9
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AMERICAN PAVEMENT SYSTEMS lNC.

CERTtFICATE OF SECRETARY
Resolved, that effective March 1, 2022 through February 28, 2023, the individuals named on the attached Exhibit 1 are autF arized fa negatiate, execute and attest electronic and paper documents necessary for the conduct of the company' s affairs with respect to the submission and execution of construction project bids, bid proposals, bid addenda and all other b d- related documents prepared and submitfed on behalf of tt e Company, relating ta any and all damestic canstructian projects aristng out of the Company's operations.
l, Pamela D. Catl, do hereby certify #hat I am duty qualified as Secretary of American Pavement Systems, Inc., a Catifornia cocporation ( the " Company"); that the foregoing is a trus and correct copy of resolutions duty adopted effective March 1, 2022 by the Board of Qirectars, at a meeting in accardance with the provisions of fhe Company Bytaws; that the directors acting were duly and regularly elected; and that the resalution adopted has not been modified or repealed and is stil! i full force and effect DATED: March 1, 2022
Pamela D. Call Secretary
r r
EXHIBIT 1
AUTHORlZED SIGNERS
Amer can Pavement Systems, Inc.

DEStGNATED S[ GNERS
Gregory B. Reed, President
Marc A. Bertsct. Vice President
Pamela D. Ca[l, Secretary
David Pimley, Chip Seal Division Manager
Michael Marchini, Slurry Divisian Manager
Ryan Bangle, Senior Project Manager

LEGEND ATTACHMENT C
PS 21- 12 PAVEMENT MAINTENANCE( SUMMER 2022)
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CITY OF LATHROP
CIP PS 21- 12 PAVEMENT MAINTENANCE AND REHABILITATION PROJECT N 1 N. T. S.

Lathrop City CouncilJune 13, 2022

Lathrop City Council
June 13, 2022