Mountain House City Council
June 25, 2025

AGENDA
Wednesday, June 25, 2025
Regular City Council Meeting 7:00 PM

ADMINISTRATION LOCATION CITY COUNCIL
STEVEN J.

PINKERTON
City Manager

JOHN BAKKER
City Attorney

MARGARET

WIMBERLY
City Clerk

MOUNTAIN HOUSE CITY COUNCIL
Mountain House Town Hall Board Chambers
251 East Main Street
Mountain House, CA 95391

ANDY SU
Mayor

BERNICE KING
TINGLE
Vice Mayor
Council Members

MATT DISKO

RONNA GREEN

DANIEL HARRISON

HOW TO PARTICIPATE
The public is invited to participate in the City Council meeting using any of the following methods:

In Person:

Public Comment forms should be submitted prior to the time the item is announced. Completion of the form is voluntary. People that do not fill out the form but still wish to speak will be allowed to do so. Public Comments are limited to three (3) minutes per person. Please turn off all electronic devices. Please, no personal attacks.
•
E-mail:

Public Comments can be submitted via email to [email protected]. Comments that are received at least two hours prior to the start of the meeting will be distributed to the Mayor and City Council Members.
•
To Watch or Listen Only:

The public may view the meeting via one-way video feed on the City's agendas page or City's YouTube Account at www.youtube.com/@cityofmountainhouse. •

CALL TO ORDER AND ROLL CALL

MOMENT OF SILENCE

PLEDGE OF ALLEGIANCE

1. 2.

3. APPROVAL OF AGENDA

PUBLIC COMMENTS
Public comments are limited to three minutes per person, the public is invited to make comments on items of public interest that are within the City Council’s subject matter jurisdiction and that are not listed on the current agenda.

Under the Brown Act, Items brought up during public comment that are not on the agenda cannot be discussed or acted upon by the Council, however, items necessitating a response will be included in the next City Manager update and posted on the City’s website.

RECOGNITION, ANNOUNCEMENTS, OR PRESENTATIONS
Presentation on the Monthly Report from Rank Security and Mountain House Police Services provided by San Joaquin County Sheriff’s Department Police Services Public Safety Report Page 6
Public Security Report Page 9
Presentation on the Monthly Report from Mountain House Fire Department and Emergency Medical Services (EMS) presented by French Camp Fire Department
Mountain House Fire Department Page 11

CITY COUNCIL CONSENT ITEMS
Consent agenda items (which may include Ordinances, Resolutions, Informational Reports, Approval Actions and Motions) will be acted upon by the City Council at one time without discussion. Any Council Member or member of the public may request removal of an item from the consent calendar for discussion.

Minutes of June 11, 2025 Page 19
List of contracts signed by the City Manager, or designee, under the Purchasing Agent authority, during the month of May 2025.

Receive the Monthly Financial Report for January, February and March 2025.

A Resolution Approving the Final Map for Mountain House Neighborhood B11 – Phase 1 (Tract No. 3618)

4. 5.

6. 6.1

6.1.1 6.2

6.3 6.3.1

7. 7.1

7.2 7.3

7.4 City Council Meeting Agenda Wednesday, June 25, 2025 Mountain House Page 2 of 5
Staff recommends that the City Council adopt a resolution to:

Approve the Final Map (Tract No. 3618) for Mountain House Neighborhood B11 – Phase 1; and

1. Accept, on behalf of the public, all offers of dedication and authorize recordation of the Final Map.

2. Staff further recommends that the City Manager be authorized to take all necessary actions to carry out the purpose and intent of the resolution.

Award Construction Agreement for the Mountain House Parkway Traffic Signal Synchronization Project

It is recommended that the City Council award a Construction Agreement in the amount of $207,645 to Bear Electrical Solutions, LLC for the Mountain House Parkway Traffic Signal Synchronization, Federal Aid Project No. CML-5929(315).

It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.

Approve a Resolution to Apply for Elective Coverage of State Disability Insurance for Full-Time and Regular Part-Time Employees

It is recommended that the City Council adopt a Resolution authorizing the City to apply for elective coverage of State Disability Insurance (SDI) for full-time and regular part-time employees. It is further recommended that the City Council authorize the City Manager to execute the application for SDI and take whatever actions are appropriate to carry out the implementation of SDI.

CITY COUNCIL POLICY AND ACTION ITEMS
Approval of Resolutions Adopting the Annual Engineers’ Reports and Levying Assessments for Fiscal Year 2025-2026 (Mountain House Community Services District Consolidated Landscape Maintenance Assessment Districts Nos. 2008-1, 2016, and 2019)

Staff recommends that City Council:

Approve the Annual Engineer’s Report for Consolidated Landscape Maintenance Assessment District (LMAD) No. 2008-1 for Fiscal Year 2025-2026, prepared by MacKay & Somps, dated May 14, 2025.

1. Approve the Annual Engineer’s Report for LMAD No. 2016 for Fiscal Year 2025-2026, prepared by MacKay & Somps, dated May 14, 2025.

2. 7.5

7.6 8.

8.1 City Council Meeting Agenda Wednesday, June 25, 2025 Mountain House Page 3 of 5
Approve the Annual Engineer’s Report for LMAD No. 2019 for Fiscal Year 2025-2026, prepared by MacKay & Somps, dated May 14, 2025.

3. Levy and authorize the collection of assessments as set forth in the Engineer’s Reports, effective July 1, 2025, through June 30, 2026.

4. This recommendation is made in accordance with the California Streets and Highways Code § 22553.

Adopt a Resolution Approving the Fiscal Year 2025–26 Project List for Funding through Senate Bill 1

Staff recommends that the City Council adopt a resolution approving the fiscal year 2025/26 project list for funding through Senate Bill 1, the Road Repair and Accountability Act of 2017, as required by the California Transportation Commission.

Ordinance to Designate Fire Hazard Severity Zones within the Local Responsibility Area

Staff recommends that the City Council introduce and conduct the first reading of an ordinance designating Fire Hazard Severity Zones within the Local Responsibility Area based on the map provided by CalFire on February 24, 2025.

The second reading and adoption of the ordinance is scheduled for July 9, 2025.

Award Consultant Agreement for General Plan Update Page 547 Staff recommends that the City Council authorize the City Manager to execute a Consultant Agreement with De Novo Planning Group to prepare the City of Mountain House’s first comprehensive General Plan, as required by California Government Code Section 65360, in an amount not to exceed $560,747.25, with the contract term extending through December 31, 2026.

Status of Vacancies in Compliance with Assembly Bill 2561 Page 607 Conduct a public hearing, deliberate, and by motion (1) receive and file this report and (2) direct staff to continue recruitment and retention efforts.

CITY COUNCIL DISCUSSION ITEMS
Neighborhood ROW Tree Maintenance Program Discussion Page 610 City Manager‘s Update Page 614

8.2 8.3

8.4 8.5

9. 9.1

9.2 City Council Meeting Agenda Wednesday, June 25, 2025 Mountain House Page 4 of 5

FUTURE AGENDA ITEMS
Report of Future Agenda Items and Long-Range Calendar Page 619

COUNCIL COMMENTS

CITY ATTORNEY COMMENTS

CITY MANAGER COMMENTS

ADJOURNMENT
If you need disability-related modification or accommodation in order to participate in this meeting, please contact the City Clerk at (209) 831-5039 or at [email protected] at least 48 hours prior to the start of the meeting.

Government Code Section §54954.2 (a). Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in Town Hall located at 251 East Main Street during normal business hours.

POSTING STATEMENT: On June 20, 2025, a true and correct copy of this agenda was posted on the City Hall Bulletin Board, outside Mountain House Town Hall, 251 East Main Street, Mountain House, CA 95391 and at our website www.mountainhouseca.gov.

10. 10.1

11. 12.

13. 14.

City Council Meeting Agenda Wednesday, June 25, 2025
Mountain House Page 5 of 5
Public Safety
Staff Report
TITLE: Police Services Public Safety Report
MEETING DATE: June 26, 2025
PREPARED BY: Lieutenant A. Izaguirre, Presented by Sergeant K. Johnson SUBJECT: Police Services Update on Recent Incidents and Initiatives RECOMMENDATION:

Police Services recommends that the City Council receive this report on recent Police Services incidents, emergency responses, and department activities.

EXECUTIVE SUMMARY:

This report provides an update on key Mountain House Police Services activities. As we move into the summer months, residents are reminded to stay vigilant and take basic safety precautions.

Please lock all doors both homes and vehicles and remove valuables from cars to prevent theft.

Bicyclists, e-bike, and electric scooter riders must follow all traffic laws, including obeying signals and signs. Additionally, unregistered motorbikes and dirt bikes are not allowed on city streets and are subject to citation and towing.

Fireworks enforcement: The police services will be working with the Fire Department, Code Enforcement and Public Safety Security with zero tolerance for fireworks of any kind in Mountain House. We will be operating drones and have extra personnel on duty to help keep our community safe.

ANALYSIS:

Incident Reports
 Total MH Police Services Incidents: 914 calls for service (905 Previous month)  Property Crimes: 12 Incidents (12 incidents previous month)  Other Assaults: 4 (7 Previous Month)
 Traffic Stops: 167 Traffic Stops (302 Previous month)  Traffic Citations issued: 128 Traffic Citations Issued (27 Stop Sign) & (169 Citations Issued the previous month)
Item 6.1.1
2  Parking Citations Issued: 27 Citations Issued (43 issued previous month)  Vehicle Accidents: 16 (7 Previous month)
 DUI Arrest: 3 Incidents (0 DUI arrests previous month)  Outside Agency Assist: 18 (12 assists previous month) Equipment Updates
 New Equipment:
o Two new Chevy Trucks purchased are currently in transit to the dealer from the Chevrolet Factory.
o e-Citations in the build-out process with Crossroads Company. Integration with the Courts FCE System is currently bring worked on.

PUBLIC SAFETY INITIATIVES:

Community Outreach:
 The Mountain House Police Services Motor Competition is in the planning stages for this Fall (September 2025). We are currently scouting locations to accommodate all the resources and participants required for the competition.

Prevention Programs:
• Working on continuous education regarding young adult and youth e-bike and riders.

PUBLIC SAFETY INITIATIVES:

ATTACHMENTS:

A. Traffic Citations Issued during the current fiscal year (monthly) Item 6.1.1
Citations Issued Monthly
July 2024: 182 Citations (52 Stop Signs)
August 2024: 70 Traffic Citations (19 Stop Signs)
September 2024: 78 Traffic Citations (21 Stop Signs)
October 2024: 133 Traffic Citations (81 Stop Signs)
November 2024: 70 Traffic Citations (24 Stop Signs)
December 2024: 84 Traffic Citations (7 Stop Signs)
January 2025: 161 Traffic Citations; Updated to 188 (65 Stop Signs) February 2025: 133 Traffic Citations; Updated to 178 (51 Stop Signs) March 2025: 146 Traffic Citations; Updated to 188 (45 Stop Signs) April 2025: 169 Traffic Citations; Updated to 270 (39 Stop Signs) May 2025: 90 Traffic Citations; Updated to 128 (27 Stop Signs) *** Citations are hand-entered by Records Staff and can take up to 3 weeks to be processed and entered into RMS, may not reflect true and accurate numbers ***
Item 6.1.1
Public Safety
Staff Report
TITLE: Public Security Report
MEETING DATE: June 26, 2025
PREPARED BY: Anthony De Frenchi – Captain / Public Safety Security SUBJECT: Public Safety Security Report
RECOMMENDATION:

Public Safety Security team recommends that the City Council receive and file this report on recent activities.

EXECUTIVE SUMMARY:

This report provides an update on key security activities within the city of Mountain House. Our security officers have either discovered or dispatched to over 39 specific incidents. In addition to those duties, we continue to provide security duties to specific Mountain House facilities and villages. We support the Mountain House Police Services in non-law enforcement activities and the Mountain House Fire Department and Mountain House Code Enforcement. With school out for summer, we are doing extra patrol checks of Safeway, parks, and trails. Officers assisted with the road closure for the kite festival.

ANALYSIS:

Officer Activity Log (934)
• Specific Incident Documentation Include
o Suspicious Person: 2
o Suspicious vehicle: 9
o Occupied vehicle welfare check: 10
o Trespassing: 3
o Park Hours: 6
o Petty Theft: 2
o Citizen Assist: 5
• Traffic / Parking Control Services
o Daylighting Violation Warning: 104
o Traffic Control for Police Services and Fire Department: 6 • Security Checks
o Vacation checks: 25
Item 6.2
2 o Security checks: 557
Equipment and Facility Updates
• New Equipment: Two new Explorers are just finishing up being outfitted and will be here soon. Our new repeater process is progressing well and is expected to be operational soon.

PUBLIC SAFETY INITIATIVES:

Community Outreach:
● Public Safety Security was provided for the city function to include the Recreation Dept for the Kite festival.
● Public Safety Security meets with all Public Safety Team members (Police, Fire, Community Preservation) and the Recreation Department.
● Public Works Assistance on resurfacing city streets with car removal Camera Monitoring:

Public Safety Security dispatch continues to monitor the Mountain House strategically placed security cameras 24/7. Incidents are reported directly to the Mountain House Police Services or to Mountain House Security officers.

PUBLIC SAFETY INITIATIVES:

ATTACHMENTS:

None
Item 6.2
Public Safety
Staff Report
TITLE: Mountain House Fire Department
MEETING DATE: June 26, 2025
PREPARED BY: Chief Cornilsen
SUBJECT: Public Safety Report
RECOMMENDATION:

Fire recommends that the City Council receive this report on recent Fire Department incidents, emergency responses, and department activities.

EXECUTIVE SUMMARY:

The City of Mountain House, along with the Mountain House Fire Department (MHFD), enforces a strict NO FIREWORKS ordinance. This includes all fireworks—both illegal and those marked "safe and sane." During the dry summer months, fireworks and open flames pose a significant fire risk, and MHFD will be actively monitoring the community to ensure public safety.

As summer temperatures rise, community and residential pools will see increased use. This is an important time to take extra precautions around water, especially to protect children and others who may not know how to swim. Stay safe, stay vigilant, and report any fire hazards or safety concerns immediately.

ANALYSIS:

Incident Reports
• Total EMS and Fire Calls for May: 85
o Rescue/Medical-61
o Fires-3 (1 Structure, 3 Grass)
o Traffic Accidents-6
o Alarms/Good Intent-15
Department Activities
The Mountain House Fire Department is actively recruiting new firefighters and lateral fire engineers to support our growing community and department. This hiring effort is a key step as we prepare to fully staff both Station 1 and the new Station 2, scheduled to open on July 1st. We’re proud to be expanding our team and look forward to welcoming skilled, dedicated professionals to MHFD.

Item 6.3.1
2 Equipment and Facility Updates
• Equipment Status: Engine 16-2 out service/ warranty work. • Facility Improvements: We’re excited to share that Fire Station 2 is almost finished and set to open on July 1st. A ribbon-cutting ceremony will be held on June 25th at 4:30 PM at Station

2. PUBLIC SAFETY INITIATIVES:

Community Outreach (Photos in Attachment A):
▪ Costa Elementary School Water Day 5/2.
▪ Station Visit 5/14.
▪ County Wildland Training 5/28.
▪ Station 2 Final Punch List 5/30
Prevention Programs:

No Fireworks of any kind in the City limits of Mountain House. • MHFD Safety Tips, “Water/Pool Safety”.
o Assign a Water Watcher
o Never Leave Children Unsupervised
o Learn CPR
o Layers of Protection
o Life Vest
o Swim Lessons
o No Running
o Install Fencing, and Door Alarms leading to Pool Area PUBLIC SAFETY INITIATIVES:

ATTACHMENTS:

A. Community Outreach Photos:
o Photo of Costa Elementary School Water Day
o Photo of Station Visit on May 14th
o Photos from County Wildland Fire Training on May 28th. o Photos of Station 2
B. May Statistics
Item 6.3.1
1 ATTACHMENT:A - Community Outreach Photos
Costa Elementary School Water Day 5/2.

Station Visit 5/14.

Item 6.3.1
Item 6.3.1
County Wildland Training 5/28

Item 6.3.1
Station 2 Final Punch List 5/30:

Item 6.3.1

ATTACHMENT B
Item 6.3.1

ATTACHMENT B
Item 6.3.1

CITY COUNCIL/MHCSD
MEETING OF JUNE 11, 2025

Present:

Andy Su, Mayor
Bernice King Tingle, Vice Mayor Matt Disko,
Council Member Daniel Harrison, Council
Member Ronna Green, Council Member

1. CALL TO ORDER AND ROLL CALL
Mayor Su called the meeting to order at 7:00 pm

2. MOMENT OF SILENCE
Mayor Su held a moment of silence.

3. PLEDGE OF ALLEGIANCE
Council Member Green led the pledge of allegiance.

4. APPROVAL OF AGENDA
It was moved/seconded by Disko/Tingle to approve the agenda as recommended by staff. Motion carried with Council Members Disko, Green, Harrison, Tingle and Mayor Su in favor.

Motion: Council Member Disko
Second: Vice Mayor Tingle
To Approve the agenda as recommended by staff.

Vote: Carried (5 to 0)

5. PUBLIC COMMENTS
None.

6. RECOGNITION, ANNOUNCEMENTS, OR PRESENTATIONS

6.1 Youth Action Committee Update
A member of the Youth Action Committee provided an update to the City Council.

6.2 Lammersville Unified School District Update
Stephanie Olsen, Board Clerk, of the Lammersville Unified School District Board presented an update to the City Council.

6.3 A Proclamation Recognizing the Juneteenth Event scheduled for Saturday, June 21, 2025
The Mayor and City Council presented a proclamation to Laura Johnston, Recreation Manager, recognizing Juneteenth and the Juneteenth event.

Item 7.1

Joint Meeting of the Mountain House City Council/CSD

6.4 A Proclamation proclaiming July as National Parks and Recreation Month The Mayor and City Council presented a proclamation to Laura Johnston, Recreation Manager, recognizing July as National Parks and Recreation Month.

6.5 A Proclamation proclaiming June as Internal Health Awareness Month The Mayor and City Council presented a proclamation proclaiming June as Internal Health Awareness Month. Council Member Matt Disko shared statistics and presented the proclamation to Dr. Satya of Assure Primary Care.

6.6 A Presentation on Valley Link
Kevin Sheridan, Executive Director/CEO of Valley Link Rail, to presented an update to the City Council.

The City Council took a brief recess and reconvened.

7. CITY COUNCIL CONSENT ITEMS
Motion: Vice Mayor Tingle
Second: Council Member Disko
It was moved/seconded by Tingle/Disko to approve the consent calendar as recommended by staff. Motion carried with Council Members Disko, Green, Harrison, Tingle and Mayor Su in favor.

Vote: Carried (5 to 0)

7.1 Minutes of May 27, 2025

8. JOINT CITY COUNCIL/MHCSD POLICY AND ACTION ITEMS
Agenda Items 8.1 and 8.2 were combined and presented jointly for discussion

8.1 Approve a Decrease in the Fiscal Year 2024-2025 Appropriations Limit and Establish the 2025-2026 Appropriations Limit and Adopt the Fiscal Year 2025- 2026 Budget.

Agenda Items 8.1 and 8.2 were presented together. Following a presentation by Steven Pinkerton, City Manager, and Thomas Retchless, Director of Finance, President Su opened the public comment period, there being no one wishing to speak it was closed.

It was moved/seconded by Board Members Disko/Harrison. Motion carried with Board Members Disko, Green, Harrison, Tingle and President Su in favor.

Motion: Council Member Disko
Second: Council Member Harrison
The Mountain House Community Services District (District) Board of Directors (Board) adopted:

1. Resolution 2025-01 approving the proposed District fiscal year 2025/26 Operating Budget.

Item 7.1

Joint Meeting of the Mountain House City Council/CSD

2. Resolution 2025-02 establishing the appropriation limits for the District (Proposition 4).

Vote: Carried (5 to 0)

8.2 Adopt the Fiscal Year 2025/26 Budget and Related Actions This item was presented in conjunction with item 8.1.

It was moved/seconded by Council Members Disko/Harrison to approve the budget with the addition of $40,000 to be added to the Parks and Recreation Budget for the State of the City Event and a Drone show to be held on July 1, 2025.

Motion: Council Member Disko Second: Council Member Harrison Motion carried with Board Members Disko, Green, Harrison, and President Su in favor; and Vice Mayor Tingle opposed.

The City Council adopted:

1. Resolution 2025-33 approving the proposed fiscal year 2025-2026 Operating and Capital Improvement Budget.

2. Resolution 2025-34 establishing the appropriation limit for the City (Proposition 4).

3. Resolution 2025-35 establishing schedule of fees for services.

4. Certification of Assessments to the San Joaquin County Auditor/Controller.

5. Resolution 2025-36 approving updated Personnel Policies and Procedures Manual.

6. Resolution 2025-37 approving updated Financial Management Policy Manual.

7. Resolution 2025-38 approving job description for Facility Manager.

With an additional $40,000 to be added to the Parks and Recreation Budget for the State of the City Event and a Drone Show to be held on July 1, 2025.

Vote: Carried (4 to 1)

8.3 Award Various Landscape Maintenance Service Contracts Jodi Almassy, Deputy City Manager and Doug Louie Operations and Maintenance Superintendent presented the staff report. Mayor Su opened the public comment period, there being no one wishing to speak, it was closed.

It was moved/seconded by Vice Mayor Tingle/Council Member Harrison to approve staff's recommendation. Motion carried with Council Members Disko, Green, Harrison, Tingle and Mayor Su in favor.

Motion: Vice Mayor Tingle
Second: Council Member Harrison
The City Council awarded and authorized the City Manager to execute the following seven contracts for City Landscape Maintenance Services, for a combined total of $12,182,394.10, as solicited through the respective Requests for Proposals (RFPs), and authorize the City Manager to execute an optional three-year extension to each contract, at the original rates and terms.
• BrightView Landscape Services, Inc. for one contract totaling $2,154,898.67 • North Parks District (RFP No. MH2501) for five years, through June 30, 2030. • Gachina Landscape Management, Inc. for five contracts totaling $7,896,345.19:

Item 7.1

Joint Meeting of the Mountain House City Council/CSD
• South Parks District (RFP No. MH2502) for $2,366,256.94 for five years, through June 30, 2030.
• North-South Arterials District (RFP No. MH2504) for $4,144,035.71 for four years, through June 30, 2029.
• Downtown and Government Buildings District (RFP No. MH2505) for $294,672.03 for three years, through June 30, 2028.
• Weed Abatement District (RFP No. MH2506) for $803,550.74 for three years, through June 30, 2028.
• Community Facilities District (RFP No. MH2507) for $287,829.77 for three years, through June 30, 2028.

Odyssey Landscaping, Inc. for one contract totaling $2,131,150.24:
• East-West Arterials (RFP No. MH2503) for four years, through June 30, 2029.

They further authorized the City Manager to take all necessary and appropriate actions to implement the purpose and intent of these contracts.

Vote: Carried (5 to 0)

8.4 City Logo Design – Final Revisions and Selection
Amanda Durbin, Communications Officer, presented the staff report. Mayor Su opened the public comment period, there being no one wishing to speak it was closed.

It was moved/seconded by the City Council to select mock-up number six.

Motion carried with Council Members Disko, Green, Harrison, Tingle and Mayor Su in favor.

Motion: Council Member Disko
Second: Council Member Green
The City Council selected mock-up number six as presented by staff, staff will refine the and create high resolution images of the Logo.

Vote: Carried (5 to 0)

9. CITY COUNCIL DISCUSSION ITEMS

9.1 City Manager’s Update
Steven Pinkerton, City Manager, provided an update to the City Council.

10. FUTURE AGENDA ITEMS

10.1 Report of Future Agenda Items and Long-Range Calendar Steven Pinkerton, City Manager, provided an overview of upcoming agenda items and the long range calendar.

11. COUNCIL COMMENTS

12. CITY ATTORNEY COMMENTS
None.

Item 7.1

Joint Meeting of the Mountain House City Council/CSD

13. CITY MANAGER COMMENTS
None.

14. ADJOURNMENT
Mayor Su adjourned the meeting at 10:25 pm
Item 7.1
TITLE: List of Recent Contracts signed by the City Manager, or designee, under the Purchasing Agent authority, during the month of May 2025.

MEETING DATE: June 25, 2025
PREPARED BY: Simrann Sidhu, Management Analyst

RECOMMENDATION
There is no action required for an informational item.

DISCUSSION
To maintain alignment with past practices, staff is bringing forward the report of any contracts signed under the City Manager’s spending authority.

Attached is a list of contracts signed by the City Manager, or designee, under the Purchasing Agent authority, during the month of May 2025.

FISCAL IMPACT
There is no adverse fiscal impact to the Fiscal Year 2024-2025 adopted budget.

ATTACHMENTS
A. Attachment A. List of Recent Contracts
Item 7.2
CONSENT ITEM 7.3

ATTACHMENT A
City of Mountain House 2024-2025 Consultant/Contractor Agreements Under City Manager's Signing Authority
Agreement # Contractor/Consultant Scope of Service PO Total Contract Amount
A-2425-51 Goodwin Consulting Group Special Tax Consulting Services 862 $ 90,000.00 A-2425-52 West Yost AWSDA & WSR 863 $ 9,730.00
A-2425-53 West Yost CIP Forcasting Tool Updates 865 $ 12,000.00 A-2425-54 Tri-Valley Electrical Services LED Lighting Conversion 867 $ 17,828.00 6/19/2025
Item 7.2
City of Mountain House
Monthly Financial Report
January 2025
Item 7.3
City of Mountain House
Pooled Cash Report
January 31, 2025

CURRENT

BALANCE
General Funds
Fund 101 - GENERAL FUND $ 37,093,349 -
Fund 102 - TIF ADMIN FEES 1,102,409 -
Fund 103 - CFF ADMIN FEES 1,069,020 -
Total General Funds $ 39,264,778
Special Revenue Funds
Fund: 104 - BUILDERS 770,325 -
Total Special Revenue Funds 770,325
Special Assessment Funds
Fund: 201 - SPECIAL TAX NO. 1: ROADS, ETC 6,939,525
Fund: 202 - SPECIAL TAX NO. 2: PUBLIC SAFETY 928,009
Fund: 203 - SPECIAL TAX NO. 3: PARKS, LIBRARIES, COMMUNITY FACILITIES (859,499) Fund: 204 - SPECIAL TAX NO. 4: PUBLIC WORKS 1,236,759
Total Special Assessment Funds 8,244,794
Restricted Funds
Fund: 301 - TIF IMPACT FEES 12,601,404
Fund: 302 - CFF IMPACT FEES 21,611,539
Fund: 303 - LANDSCAPE & LIGHTING DISTRICT - 2016 201,765 Fund: 304 - LANDSCAPE & LIGHTING DISTRICT - 2008 737,761 Fund: 305 - LANDSCAPE & LIGHTING DISTRICT - ZONE 3 1,624,248 Fund 310 - MEASURE K 297,822
Fund 311 - GAS TAX -
Fund: 320 - AFFORDABLE HOUSING FEE 9,835,921
Total Impact Fee Funds 46,910,460
Enterprise Funds
WATER OPERATIONS 7,406,341
WASTEWATER OPERATIONS 6,021,278
STORM OPERATIONS 8,184,138
Total Enterprise Funds 21,611,757
Developer Funds 11,309,740
Capital Projects Fund 9,235,861
$ 137,347,714
Item 7.3
Months to date 7
City of Mountain House % of year to date 58%
Budget Report as of January 31, 2025
Original
Budget
Current
Budget
Year to Date
Revenues/
Expenditures Encumbrances
Year to Date
Activity
(Year to Date +
Encumbrances)
Variance
Favorable
(Unfavorable)
Percent Used
to Date

GENERAL FUNDS
Fund: 101 - GENERAL FUND
Revenue 12,117,168 12,117,167 4,647,595 - 4,647,595 (7,469,572) 38% Expense 11,163,289 11,211,289 3,095,526 608,978 3,704,504 7,506,785 33% 953,879 905,878 1,552,069 (608,978) 943,091 37,212
Fund: 102 - TIF ADMIN
Revenue 116,200 116,200 97,036 - 97,036 (19,164) 84%
Expense 205,000 205,000 11,885 79,104 90,989 114,011 44% (88,800) (88,800) 85,151 (79,104) 6,047 94,847
Fund: 103 - CFF ADMIN
Revenue 139,400 139,400 124,290 - 124,290 (15,110) 89%
Expense 195,000 195,000 10,885 11,027 21,912 173,089 11% (55,600) (55,600) 113,405 (11,027) 102,379 157,979

TOTAL GENERAL FUNDS
Revenue 12,372,768 12,372,767 4,868,921 - 4,868,921 (7,503,846) 39% Expense 11,563,289 11,611,289 3,118,296 699,108 3,817,404 7,793,884 33% 809,479 761,478 1,750,625 (699,108) 1,051,517 (15,297,731)

SPECIAL REVENUE FUNDS
Fund 104 - DEVELOPMENT SERVICES
Revenue 6,216,583 5,026,492 973,611 - 973,611 (4,052,881) 19% Expense 5,602,649 6,182,649 1,559,765 215,491 1,775,256 4,407,393 29% 613,934 (1,156,157) (586,155) (215,491) (801,645) 354,512

TOTAL SPECIAL REVENUE FUNDS
Revenue 6,216,583 5,026,492 973,611 - 973,611 (4,052,881) 0 Expense 5,602,649 6,182,649 1,559,765 215,491 1,775,256 4,407,393 0 613,934 (1,156,157) (586,155) (215,491) (801,645) (8,460,274)

SPECIAL ASSESSMENT FUNDS
Fund: 201 - SPECIAL TAX NO. 1: ROADS
Revenue 11,194,430 11,554,430 5,152,484 - 5,152,484 (6,401,947) 45% Expense 13,164,806 14,768,949 1,625,097 1,858,695 3,483,792 11,285,158 24% (1,970,376) (3,214,519) 3,527,387 (1,858,695) 1,668,692 4,883,211 Fund: 202 - SPECIAL TAX NO. 2: PUBLIC SAFETY SERVICES
Revenue 9,461,014 9,461,014 2,644,913 - 2,644,913 (6,816,101) 28% Expense 9,461,014 9,461,014 2,018,548 197,083 2,215,631 7,245,383 23% - (0) 626,365 (197,083) 429,282 429,282
Fund: 203 - SPECIAL TAX NO. 3: PARKS
Revenue 4,845,940 4,845,940 522,270 - 522,270 (4,323,670) 11% Expense 4,845,940 4,845,940 1,419,515 748,903 2,168,418 2,677,522 45% - 0 (897,245) (748,903) (1,646,148) (1,646,148)
Fund: 204 - SPECIAL TAX NO. 4: PUBLIC WORKS
Revenue 887,697 1,107,697 478,832 - 478,832 (628,865) 43% Expense 1,632,020 1,632,020 312,151 3,351 315,502 1,316,518 19% (744,323) (524,323) 166,681 (3,351) 163,330 687,654

TOTAL SPECIAL ASSESSMENT FUNDS
Revenue 26,389,081 26,969,081 8,798,498 - 8,798,498 (18,170,583) 33% Expense 29,103,781 30,707,924 5,375,311 2,808,032 8,183,342 22,524,581 27% (2,714,700) (3,738,843) 3,423,188 (2,808,032) 615,156 4,353,999

RESTRICTED FUNDS
Fund: 301 - TRAFFIC IMPACT FEES
Revenue 4,092,400 4,092,400 3,139,299 - 3,139,299 (953,101) 77% Expense 3,992,400 3,992,400 1,920,938 - 1,920,938 2,071,462 48% 100,000 100,000 1,218,361 - 1,218,361 1,118,361
Item 7.3
Months to date 7
City of Mountain House % of year to date 58%
Budget Report as of January 31, 2025
Original
Budget
Current
Budget
Year to Date
Revenues/
Expenditures Encumbrances
Year to Date
Activity
(Year to Date +
Encumbrances)
Variance
Favorable
(Unfavorable)
Percent Used
to Date
Fund: 302 - COMMUNITY FACILITIES FEES
Revenue 4,750,645 4,750,645 4,019,394 - 4,019,394 (731,251) 85% Expense 4,794,200 4,794,200 4,231,444 - 4,231,444 562,756 88% (43,555) (43,555) (212,050) - (212,050) (168,495)
Fund: 303 - LANDSCAPE & LIGHTING DISTRICT 2016
Revenue 41,000 41,000 21,374 - 21,374 (19,626) 52%
Expense 27,750 27,750 1,307 12,000 13,307 14,443 48%
13,250 13,250 20,067 (12,000) 8,067 (5,183)
Fund: 304 - LANDSCAPE & LIGHTING DISTRICT 2008
Revenue 60,000 60,000 32,558 - 32,558 (27,442) 54%
Expense 32,800 32,800 6,697 5,456 12,153 20,647 37%
27,200 27,200 25,861 (5,456) 20,405 (6,795)
Fund: 305 - LANDSCAPE & LIGHTING DISTRICT ZONE 3
Revenue 370,000 370,000 203,646 - 203,646 (166,354) 55% Expense 39,500 39,500 11,110 9,136 20,245 19,255 51%
330,500 330,500 192,536 (9,136) 183,400 (147,100)
Fund: 310 - MEASURE K
Revenue - 588,391 297,822 297,822 (290,569) 51%
Expense - - - -
- 588,391 297,822 - 297,822 (290,569)
Fund: 311 - GAS TAX
Revenue - 601,700 - (601,700) 0%
Expense - - - - -
- 601,700 - - - (601,700)
Fund: 320 - AFFORDABLE HOUSING FEE
Revenue - - 9,835,921 9,835,921 9,835,921
Expense - - - -
- - 9,835,921 - 9,835,921 9,835,921

TOTAL RESTRICTED FUNDS
Revenue 9,314,045 10,504,136 17,550,014 - 17,550,014 7,045,878 167% Expense 8,886,650 8,886,650 6,171,496 26,592 6,198,088 2,688,562 70% 427,395 1,617,486 11,378,518 (26,592) 11,351,926 9,734,440

ENTERPRISE FUNDS
Fund: 501 - WATER OPERATIONS
Revenue 7,102,976 7,102,976 4,197,229 - 3,796,226 - 53% Expense 7,102,976 7,909,289 2,438,435 1,139,917 2,164,488 668,471 27% - (806,313) 1,758,794 (1,139,917) 1,631,737 668,471
Fund: 502 - WATER CAPITAL PROJECTS
Revenue 1,580,000 1,580,000 - - - - 0%
Expense 1,580,000 7,108,958 172,223 31,840 127,103 76,960 2% - (5,528,958) (172,223) (31,840) (127,103) 76,960
Fund: 503 - WATER PLEDGED FACILITY
Revenue 5,745,535 5,745,535 3,427,319 - 2,923,286 - 51% Expense 5,705,535 5,745,535 2,823,074 - 2,811,933 - 49% 40,000 - 604,245 - 111,353 -
Fund: 504 - WATER DEBT SERVICE
Revenue - 2,757,134 - 2,757,134 -
Expense 40,000 - 1,626,360 - 1,626,360 -
(40,000) - 1,130,774 - 1,130,774 -
Fund: 521 - WASTEWATER OPERATIONS
Revenue 4,001,709 4,001,709 2,351,651 - 2,351,651 (1,650,058) 59% Expense 2,996,823 3,516,123 1,091,682 996,078 2,087,760 1,428,363 59% 1,004,886 485,586 1,259,969 (996,078) 263,891 (221,694) Fund: 522 - WASTEWATER CAPITAL PROJECTS
Revenue - - -
Expense 434,035 33,098 19,883 52,982 381,054 12%
- (434,035) (33,098) (19,883) (52,982) 381,054
. .

Fund: 523 - WASTEWATER PLEDGED FACILITY
Revenue 4,171,874 4,171,874 2,555,160 - 2,555,160 (1,616,714) 61% Expense 4,171,874 4,171,874 2,142,400 - 2,142,400 2,029,474 51% - - 412,760 - 412,760 412,760
Fund: 524 - WASTEWATER DEBT SERVICE
Revenue - 2,090,124 2,090,124 2,090,124
Expense - 1,283,355 1,283,355 (1,283,355)
- - 806,770 806,770 806,770
Fund: 541 - STORM OPERATIONS
Revenue 929,012 929,012 - - (929,012) 0%
Expense 1,323,583 1,281,350 301,415 186,733 488,148 793,202 38% (394,571) (352,338) (301,415) (186,733) (488,148) (135,810) Fund: 542 - STORMWATER CAPITAL PROJECTS
Revenue - - -
Expense 1,571,427 - 1,571,427 0%
- (1,571,427) - - - 1,571,427
Item 7.3
Months to date 7
City of Mountain House % of year to date 58%
Budget Report as of January 31, 2025
Original
Budget
Current
Budget
Year to Date
Revenues/
Expenditures Encumbrances
Year to Date
Activity
(Year to Date +
Encumbrances)
Variance
Favorable
(Unfavorable)
Percent Used
to Date
Fund: 543 - STORM PLEDGED FACILITY
Revenue 1,465,196 1,465,196 891,663 - 891,663 (573,533) 61% Expense 1,465,196 1,465,196 764,054 - 764,054 701,142 52% - - 127,610 - 127,610 127,610
Fund: 544 - STORM DEBT SERVICE
Revenue - 745,131 - 745,131 745,131
Expense - 445,890 - 445,890 (445,890)
- - 299,240 299,240 299,240

TOTAL ENTERPRISE FUNDS
Revenue 24,996,302 24,996,302 19,015,412 - 18,110,376 (1,934,061) 72% Expense 24,385,987 33,203,788 13,121,986 2,374,451 13,994,473 5,920,848 42% 610,315 (8,207,486) 5,893,426 (2,374,451) 4,115,903 (7,854,910)

CAPITAL PROJECTS
Revenue 3,950,000 3,950,000 - - - (3,950,000) 0%
Expense 3,950,000 10,366,228 1,903,311 690,125 2,593,436 7,772,791 25% - (6,416,228) (1,903,311) (690,125) (2,593,436) 3,822,791 83,238,779 83,818,778 51,206,456 - 50,301,420 (28,565,493) 60% 83,492,356 100,958,527 31,250,166 6,813,798 36,562,000 51,108,060 36% (253,577) (17,139,749) 19,956,290 (6,813,798) 13,739,421 22,542,567 Item 7.3
City of Mountain House
Monthly Financial Report
February 2025
Item 7.3
City of Mountain House
Pooled Cash Report
February 28, 2025

CURRENT

BALANCE
General Funds
Fund 101 - GENERAL FUND $ 41,533,499
Fund 102 - TIF ADMIN FEES 1,114,281
Fund 103 - CFF ADMIN FEES 1,087,061
642,146
Total General Funds $ 43,734,841
Special Revenue Funds
Fund: 104 - BUILDERS 642,146
Total Special Revenue Funds 642,146
Special Assessment Funds
Fund: 201 - SPECIAL TAX NO. 1: ROADS, ETC 6,666,617
Fund: 202 - SPECIAL TAX NO. 2: PUBLIC SAFETY (1,474,102) Fund: 203 - SPECIAL TAX NO. 3: PARKS, LIBRARIES, COMMUNITY FACILITIES (1,185,612) Fund: 204 - SPECIAL TAX NO. 4: PUBLIC WORKS 1,209,097
Total Special Assessment Funds 5,215,999
Restricted Funds
Fund: 301 - TIF IMPACT FEES 13,280,784
Fund: 302 - CFF IMPACT FEES 22,337,408
Fund: 303 - LANDSCAPE & LIGHTING DISTRICT - 2016 201,765 Fund: 304 - LANDSCAPE & LIGHTING DISTRICT - 2008 736,045 Fund: 305 - LANDSCAPE & LIGHTING DISTRICT - ZONE 3 1,622,126 Fund 310 - MEASURE K 297,822
Fund 311 - GAS TAX -
Fund: 320 - AFFORDABLE HOUSING FEE 9,893,387
Total Impact Fee Funds 48,369,337
Enterprise Funds
WATER OPERATIONS 6,897,346
WASTEWATER OPERATIONS 5,600,562
STORM OPERATIONS 8,182,828
Total Enterprise Funds 20,680,735
Developer Funds 9,829,398
Capital Projects Fund 9,235,861
$ 137,708,318
Item 7.3
Months to date 8
City of Mountain House % of year to date 67%
Budget Report as of February 28, 2025
Original
Budget
Current
Budget
Year to Date
Revenues/
Expenditures Encumbrances
Year to Date
Activity
(Year to Date +
Encumbrances)
Variance
Favorable
(Unfavorable)
Percent Used
to Date

GENERAL FUNDS
Fund: 101 - GENERAL FUND
Revenue 12,117,168 12,117,167 10,300,888 - 10,300,888 (1,816,279) 85% Expense 11,163,289 11,211,289 3,893,942 583,451 4,477,393 6,733,896 40% 953,879 905,878 6,406,947 (583,451) 5,823,495 4,917,617 Fund: 102 - TIF ADMIN
Revenue 116,200 116,200 113,318 - 113,318 (2,882) 98%
Expense 205,000 205,000 16,295 74,694 90,989 114,011 44% (88,800) (88,800) 97,023 (74,694) 22,329 111,129
Fund: 103 - CFF ADMIN
Revenue 139,400 139,400 146,741 - 146,741 7,341 105%
Expense 195,000 195,000 15,295 6,617 21,912 173,089 11% (55,600) (55,600) 131,446 (6,617) 124,830 180,430

TOTAL GENERAL FUNDS
Revenue 12,372,768 12,372,767 10,560,947 - 10,560,947 (1,811,820) 85% Expense 11,563,289 11,611,289 3,925,532 664,761 4,590,293 7,020,995 40% 809,479 761,478 6,635,416 (664,761) 5,970,654 (8,832,815)

SPECIAL REVENUE FUNDS
Fund 104 - DEVELOPMENT SERVICES
Revenue 6,216,583 5,026,492 1,136,062 - 1,136,062 (3,890,430) 23% Expense 5,602,649 6,182,649 1,937,173 48,083 1,985,256 4,197,393 32% 613,934 (1,156,157) (801,112) (48,083) (849,194) 306,963

TOTAL SPECIAL REVENUE FUNDS
Revenue 6,216,583 5,026,492 1,136,062 - 1,136,062 (3,890,430) 0 Expense 5,602,649 6,182,649 1,937,173 48,083 1,985,256 4,197,393 0 613,934 (1,156,157) (801,112) (48,083) (849,194) (8,087,823)

SPECIAL ASSESSMENT FUNDS
Fund: 201 - SPECIAL TAX NO. 1: ROADS
Revenue 11,194,430 11,554,430 5,152,484 - 5,152,484 (6,401,947) 45% Expense 13,164,806 14,768,949 1,898,005 1,689,803 3,587,808 11,181,141 24% (1,970,376) (3,214,519) 3,254,478 (1,689,803) 1,564,675 4,779,195 Fund: 202 - SPECIAL TAX NO. 2: PUBLIC SAFETY SERVICES
Revenue 9,461,014 9,461,014 2,644,913 - 2,644,913 (6,816,101) 28% Expense 9,461,014 9,461,014 4,420,659 186,548 4,607,207 4,853,807 49% - (0) (1,775,746) (186,548) (1,962,294) (1,962,294)
Fund: 203 - SPECIAL TAX NO. 3: PARKS
Revenue 4,845,940 4,845,940 522,948 - 522,948 (4,322,992) 11% Expense 4,845,940 4,845,940 1,746,307 575,545 2,321,852 2,524,088 48% - 0 (1,223,359) (575,545) (1,798,904) (1,798,904)
Fund: 204 - SPECIAL TAX NO. 4: PUBLIC WORKS
Revenue 887,697 1,107,697 478,832 - 478,832 (628,865) 43% Expense 1,632,020 1,632,020 339,813 3,351 343,164 1,288,857 21% (744,323) (524,323) 139,019 (3,351) 135,668 659,992

TOTAL SPECIAL ASSESSMENT FUNDS
Revenue 26,389,081 26,969,081 8,799,176 - 8,799,176 (18,169,905) 33% Expense 29,103,781 30,707,924 8,404,784 2,455,247 10,860,031 19,847,893 35% (2,714,700) (3,738,843) 394,393 (2,455,247) (2,060,854) 1,677,989

RESTRICTED FUNDS
Fund: 301 - TRAFFIC IMPACT FEES
Revenue 4,092,400 4,092,400 3,666,091 - 3,666,091 (426,309) 90% Expense 3,992,400 3,992,400 1,920,938 - 1,920,938 2,071,462 48% 100,000 100,000 1,745,153 - 1,745,153 1,645,153
Item 7.3
Months to date 8
City of Mountain House % of year to date 67%
Budget Report as of February 28, 2025
Original
Budget
Current
Budget
Year to Date
Revenues/
Expenditures Encumbrances
Year to Date
Activity
(Year to Date +
Encumbrances)
Variance
Favorable
(Unfavorable)
Percent Used
to Date
Fund: 302 - COMMUNITY FACILITIES FEES
Revenue 4,750,645 4,750,645 4,745,263 - 4,745,263 (5,382) 100% Expense 4,794,200 4,794,200 4,231,444 - 4,231,444 562,756 88% (43,555) (43,555) 513,819 - 513,819 557,374
Fund: 303 - LANDSCAPE & LIGHTING DISTRICT 2016
Revenue 41,000 41,000 21,374 - 21,374 (19,626) 52%
Expense 27,750 27,750 1,307 12,000 13,307 14,443 48%
13,250 13,250 20,067 (12,000) 8,067 (5,183)
Fund: 304 - LANDSCAPE & LIGHTING DISTRICT 2008
Revenue 60,000 60,000 32,558 - 32,558 (27,442) 54%
Expense 32,800 32,800 8,413 3,740 12,153 20,647 37%
27,200 27,200 24,145 (3,740) 20,405 (6,795)
Fund: 305 - LANDSCAPE & LIGHTING DISTRICT ZONE 3
Revenue 370,000 370,000 203,646 - 203,646 (166,354) 55% Expense 39,500 39,500 13,231 7,014 20,245 19,255 51%
330,500 330,500 190,415 (7,014) 183,400 (147,100)
Fund: 310 - MEASURE K
Revenue - 588,391 297,822 - 297,822 (290,569) 51%
Expense - - - -
- 588,391 297,822 - 297,822 (290,569)
Fund: 311 - GAS TAX
Revenue - 601,700 - (601,700) 0%
Expense - - - - -
- 601,700 - - - (601,700)
Fund: 320 - AFFORDABLE HOUSING FEE
Revenue - - 9,893,387 - 9,893,387 9,893,387
Expense - - - -
- - 9,893,387 - 9,893,387 9,893,387

TOTAL RESTRICTED FUNDS
Revenue 9,314,045 10,504,136 18,860,141 - 18,860,141 8,356,005 180% Expense 8,886,650 8,886,650 6,175,334 22,755 6,198,088 2,688,562 70% 427,395 1,617,486 12,684,807 (22,755) 12,662,053 11,044,567

ENTERPRISE FUNDS
Fund: 501 - WATER OPERATIONS
Revenue 7,102,976 7,102,976 4,403,619 - 3,796,226 - 53% Expense 7,102,976 7,909,289 2,951,483 739,783 2,164,488 668,471 27% - (806,313) 1,452,136 (739,783) 1,631,737 668,471
Fund: 502 - WATER CAPITAL PROJECTS
Revenue 1,580,000 1,580,000 - - - - 0%
Expense 1,580,000 7,108,958 184,106 20,640 127,103 76,960 2% - (5,528,958) (184,106) (20,640) (127,103) 76,960
Fund: 503 - WATER PLEDGED FACILITY
Revenue 5,745,535 5,745,535 3,905,495 - 2,923,286 - 51% Expense 5,705,535 5,745,535 2,833,191 - 2,811,933 - 49% 40,000 - 1,072,304 - 111,353 -
Fund: 504 - WATER DEBT SERVICE
Revenue - 2,757,134 - 2,757,134 -
Expense 40,000 - 1,626,360 - 1,626,360 -
(40,000) - 1,130,774 - 1,130,774 -
Fund: 521 - WASTEWATER OPERATIONS
Revenue 4,001,709 4,001,709 2,688,800 - 2,688,800 (1,312,909) 67% Expense 2,996,823 3,516,123 1,519,135 640,481 2,159,615 1,356,508 61% 1,004,886 485,586 1,169,665 (640,481) 529,185 43,599
Fund: 522 - WASTEWATER CAPITAL PROJECTS
Revenue - - -
Expense 434,035 33,098 19,883 52,982 381,054 12%
- (434,035) (33,098) (19,883) (52,982) 381,054
. .

Fund: 523 - WASTEWATER PLEDGED FACILITY
Revenue 4,171,874 4,171,874 2,917,152 - 2,917,152 (1,254,722) 70% Expense 4,171,874 4,171,874 2,149,756 - 2,149,756 2,022,118 52% - - 767,396 - 767,396 767,396
Fund: 524 - WASTEWATER DEBT SERVICE
Revenue - 2,090,124 2,090,124 2,090,124
Expense - 1,283,355 1,283,355 (1,283,355)
- - 806,770 806,770 806,770
Fund: 541 - STORM OPERATIONS
Revenue 929,012 929,012 693,087 - 693,087 (235,925) 75% Expense 1,323,583 1,281,350 330,154 160,101 490,255 791,096 38% (394,571) (352,338) 362,933 (160,101) 202,833 555,171
Fund: 542 - STORMWATER CAPITAL PROJECTS
Revenue - - -
Expense 1,571,427 - 1,571,427 0%
- (1,571,427) - - - 1,571,427
Item 7.3
Months to date 8
City of Mountain House % of year to date 67%
Budget Report as of February 28, 2025
Original
Budget
Current
Budget
Year to Date
Revenues/
Expenditures Encumbrances
Year to Date
Activity
(Year to Date +
Encumbrances)
Variance
Favorable
(Unfavorable)
Percent Used
to Date
Fund: 543 - STORM PLEDGED FACILITY
Revenue 1,465,196 1,465,196 1,019,274 - 1,019,274 (445,922) 70% Expense 1,465,196 1,465,196 766,919 - 766,919 698,277 52% - - 252,355 - 252,355 252,355
Fund: 544 - STORM DEBT SERVICE
Revenue - 745,131 - 745,131 745,131
Expense - 445,890 - 445,890 (445,890)
- - 299,240 299,240 299,240

TOTAL ENTERPRISE FUNDS
Revenue 24,996,302 24,996,302 21,219,817 - 19,630,215 (414,222) 79% Expense 24,385,987 33,203,788 14,123,447 1,580,888 14,078,656 5,836,665 42% 610,315 (8,207,486) 7,096,371 (1,580,888) 5,551,559 (6,250,888)

CAPITAL PROJECTS
Revenue 3,950,000 3,950,000 - - - (3,950,000) 0%
Expense 3,950,000 10,366,228 1,903,311 690,125 2,593,436 7,772,791 25% - (6,416,228) (1,903,311) (690,125) (2,593,436) 3,822,791 83,238,779 83,818,778 60,576,144 - 58,986,541 (19,880,372) 70% 83,492,356 100,958,527 36,469,580 5,461,858 40,305,760 47,364,300 40% (253,577) (17,139,749) 24,106,563 (5,461,858) 18,680,781 27,483,928 Item 7.3
City of Mountain House
Monthly Financial Report
March 2025
Item 7.3
City of Mountain House
Pooled Cash Report
March 31, 2025

CURRENT

BALANCE
General Funds
Fund 101 - GENERAL FUND $ 41,157,031
Fund 102 - TIF ADMIN FEES 1,156,330
Fund 103 - CFF ADMIN FEES 1,146,050
Total General Funds $ 43,459,410
Special Revenue Funds
Fund: 104 - BUILDERS 1,297,232
Total Special Revenue Funds 1,297,232
Special Assessment Funds
Fund: 201 - SPECIAL TAX NO. 1: ROADS, ETC 6,618,116
Fund: 202 - SPECIAL TAX NO. 2: PUBLIC SAFETY (1,542,690) Fund: 203 - SPECIAL TAX NO. 3: PARKS, LIBRARIES, COMMUNITY FACILITIES (1,258,275) Fund: 204 - SPECIAL TAX NO. 4: PUBLIC WORKS 1,159,976
Total Special Assessment Funds 4,977,126
Restricted Funds
Fund: 301 - TIF IMPACT FEES 14,746,754
Fund: 302 - CFF IMPACT FEES 24,273,643
Fund: 303 - LANDSCAPE & LIGHTING DISTRICT - 2016 201,765 Fund: 304 - LANDSCAPE & LIGHTING DISTRICT - 2008 736,045 Fund: 305 - LANDSCAPE & LIGHTING DISTRICT - ZONE 3 1,621,874 Fund 310 - MEASURE K 297,822
Fund 311 - GAS TAX -
Fund: 320 - AFFORDABLE HOUSING FEE 10,079,434
-
Total Impact Fee Funds 51,957,338
Enterprise Funds
WATER OPERATIONS 6,731,947
WASTEWATER OPERATIONS 5,299,395
STORM OPERATIONS 8,219,411
Total Enterprise Funds 20,250,753
Developer Funds 9,904,465
Capital Projects Fund 9,235,861
$ 141,082,184
Item 7.3
Months to date 9
City of Mountain House % of year to date 75%
Budget Report as of March 31, 2025
Original
Budget
Current
Budget
Year to Date
Revenues/
Expenditures Encumbrances
Year to Date
Activity
(Year to Date +
Encumbrances)
Variance
Favorable
(Unfavorable)
Percent Used
to Date

GENERAL FUNDS
Fund: 101 - GENERAL FUND
Revenue 12,117,168 12,117,167 10,792,488 - 10,792,488 (1,324,679) 89% Expense 11,163,289 11,211,289 4,314,418 592,256 4,906,674 6,304,615 44% 953,879 905,878 6,478,070 (592,256) 5,885,814 4,979,936 Fund: 102 - TIF ADMIN
Revenue 116,200 116,200 158,628 - 158,628 42,428 137%
Expense 205,000 205,000 19,556 70,843 90,399 114,601 44% (88,800) (88,800) 139,072 (70,843) 68,229 157,029
Fund: 103 - CFF ADMIN
Revenue 139,400 139,400 207,491 - 207,491 68,091 149%
Expense 195,000 195,000 17,056 62,843 79,899 115,101 41% (55,600) (55,600) 190,435 (62,843) 127,592 183,192

TOTAL GENERAL FUNDS
Revenue 12,372,768 12,372,767 11,158,607 - 11,158,607 (1,214,160) 90% Expense 11,563,289 11,611,289 4,351,030 725,942 5,076,972 6,534,317 44% 809,479 761,478 6,807,577 (725,942) 6,081,635 (7,748,477)

SPECIAL REVENUE FUNDS
Fund 104 - DEVELOPMENT SERVICES
Revenue 6,216,583 5,026,492 1,565,786 - 1,565,786 (3,460,706) 31% Expense 5,602,649 6,182,649 1,951,881 33,375 1,985,256 4,197,393 32% 613,934 (1,156,157) (386,095) (33,375) (419,470) 736,687

TOTAL SPECIAL REVENUE FUNDS
Revenue 6,216,583 5,026,492 1,565,786 - 1,565,786 (3,460,706) 0 Expense 5,602,649 6,182,649 1,951,881 33,375 1,985,256 4,197,393 0 613,934 (1,156,157) (386,095) (33,375) (419,470) (7,658,100)

SPECIAL ASSESSMENT FUNDS
Fund: 201 - SPECIAL TAX NO. 1: ROADS
Revenue 11,194,430 11,554,430 5,152,484 - 5,152,484 (6,401,947) 45% Expense 13,164,806 14,768,949 1,950,267 1,694,313 3,644,580 11,124,370 25% (1,970,376) (3,214,519) 3,202,216 (1,694,313) 1,507,904 4,722,423 Fund: 202 - SPECIAL TAX NO. 2: PUBLIC SAFETY SERVICES
Revenue 9,461,014 9,461,014 2,644,913 - 2,644,913 (6,816,101) 28% Expense 9,461,014 9,461,014 4,490,059 171,545 4,661,604 4,799,410 49% - (0) (1,845,147) (171,545) (2,016,692) (2,016,692)
Fund: 203 - SPECIAL TAX NO. 3: PARKS
Revenue 4,845,940 4,845,940 522,948 - 522,948 (4,322,992) 11% Expense 4,845,940 4,845,940 1,822,983 558,698 2,381,681 2,464,259 49% - 0 (1,300,034) (558,698) (1,858,733) (1,858,733)
Fund: 204 - SPECIAL TAX NO. 4: PUBLIC WORKS
Revenue 887,697 1,107,697 478,832 - 478,832 (628,865) 43% Expense 1,632,020 1,632,020 388,935 60,249 449,184 1,182,837 28% (744,323) (524,323) 89,898 (60,249) 29,649 553,972

TOTAL SPECIAL ASSESSMENT FUNDS
Revenue 26,389,081 26,969,081 8,799,176 - 8,799,176 (18,169,905) 33% Expense 29,103,781 30,707,924 8,652,244 2,484,805 11,137,049 19,570,875 36% (2,714,700) (3,738,843) 146,933 (2,484,805) (2,337,873) 1,400,970

RESTRICTED FUNDS
Fund: 301 - TRAFFIC IMPACT FEES
Revenue 4,092,400 4,092,400 5,132,061 5,132,061 1,039,661 125% Expense 3,992,400 3,992,400 1,920,938 1,920,938 2,071,462 48% 100,000 100,000 3,211,123 - 3,211,123 3,111,123
Item 7.3
Months to date 9
City of Mountain House % of year to date 75%
Budget Report as of March 31, 2025
Original
Budget
Current
Budget
Year to Date
Revenues/
Expenditures Encumbrances
Year to Date
Activity
(Year to Date +
Encumbrances)
Variance
Favorable
(Unfavorable)
Percent Used
to Date
Fund: 302 - COMMUNITY FACILITIES FEES
Revenue 4,750,645 4,750,645 6,709,498 6,709,498 1,958,853 141% Expense 4,794,200 4,794,200 4,231,444 4,231,444 562,756 88% (43,555) (43,555) 2,478,054 - 2,478,054 2,521,609
Fund: 303 - LANDSCAPE & LIGHTING DISTRICT 2016
Revenue 41,000 41,000 21,374 - 21,374 (19,626) 52%
Expense 27,750 27,750 1,307 20,900 22,207 5,543 80%
13,250 13,250 20,067 (20,900) (833) (14,083)
Fund: 304 - LANDSCAPE & LIGHTING DISTRICT 2008
Revenue 60,000 60,000 32,558 - 32,558 (27,442) 54%
Expense 32,800 32,800 8,413 12,640 21,053 11,747 64%
27,200 27,200 24,145 (12,640) 11,505 (15,695)
Fund: 305 - LANDSCAPE & LIGHTING DISTRICT ZONE 3
Revenue 370,000 370,000 203,646 - 203,646 (166,354) 55% Expense 39,500 39,500 13,483 18,962 32,445 7,055 82%
330,500 330,500 190,163 (18,962) 171,200 (159,300)
Fund: 310 - MEASURE K
Revenue - 588,391 297,822 - 297,822 (290,569) 51%
Expense - - - -
- 588,391 297,822 - 297,822 (290,569)
Fund: 311 - GAS TAX
Revenue - 601,700 - (601,700) 0%
Expense - - - - -
- 601,700 - - - (601,700)
Fund: 320 - AFFORDABLE HOUSING FEE
Revenue - - 10,079,434 - 10,079,434 10,079,434
Expense - - - -
- - 10,079,434 - 10,079,434 10,079,434

TOTAL RESTRICTED FUNDS
Revenue 9,314,045 10,504,136 22,476,393 - 22,476,393 11,972,257 214% Expense 8,886,650 8,886,650 6,175,586 52,503 6,228,088 2,658,562 70% 427,395 1,617,486 16,300,808 (52,503) 16,248,305 14,630,819

ENTERPRISE FUNDS
Fund: 501 - WATER OPERATIONS
Revenue 7,102,976 7,102,976 6,233,706 - 3,796,226 - 53% Expense 7,102,976 7,909,289 3,126,989 810,105 2,164,488 668,471 27% - (806,313) 3,106,717 (810,105) 1,631,737 668,471
Fund: 502 - WATER CAPITAL PROJECTS
Revenue 1,580,000 1,580,000 - - - - 0%
Expense 1,580,000 7,108,958 184,106 20,640 127,103 76,960 2% - (5,528,958) (184,106) (20,640) (127,103) 76,960
Fund: 503 - WATER PLEDGED FACILITY
Revenue 5,745,535 5,745,535 4,414,503 2,923,286 - 51%
Expense 5,705,535 5,745,535 2,843,543 2,811,933 - 49%
40,000 - 1,570,960 - 111,353 -
Fund: 504 - WATER DEBT SERVICE
Revenue - 2,757,134 - 2,757,134 -
Expense 40,000 - 1,626,360 - 1,626,360 -
(40,000) - 1,130,774 - 1,130,774 -
Fund: 521 - WASTEWATER OPERATIONS
Revenue 4,001,709 4,001,709 3,057,798 - 3,057,798 (943,911) 76% Expense 2,996,823 3,516,123 1,677,441 608,262 2,285,703 1,230,421 65% 1,004,886 485,586 1,380,357 (608,262) 772,096 286,510
Fund: 522 - WASTEWATER CAPITAL PROJECTS
Revenue - - -
Expense 434,035 181,493 19,883 201,376 232,659 46%
- (434,035) (181,493) (19,883) (201,376) 232,659
. .

Fund: 523 - WASTEWATER PLEDGED FACILITY
Revenue 4,171,874 4,171,874 3,316,677 - 3,316,677 (855,197) 80% Expense 4,171,874 4,171,874 2,158,005 - 2,158,005 2,013,869 52% - - 1,158,672 - 1,158,672 1,158,672
Fund: 524 - WASTEWATER DEBT SERVICE
Revenue - 2,090,124 2,090,124 2,090,124
Expense - 1,283,355 1,283,355 (1,283,355)
- - 806,770 806,770 806,770
Fund: 541 - STORM OPERATIONS
Revenue 929,012 929,012 809,181 - 809,181 (119,832) 87% Expense 1,323,583 1,281,350 339,276 153,232 492,509 788,841 38% (394,571) (352,338) 469,904 (153,232) 316,672 669,010
Fund: 542 - STORMWATER CAPITAL PROJECTS
Revenue - - -
Expense 1,571,427 - 1,571,427 0%
- (1,571,427) - - - 1,571,427
Item 7.3
Months to date 9
City of Mountain House % of year to date 75%
Budget Report as of March 31, 2025
Original
Budget
Current
Budget
Year to Date
Revenues/
Expenditures Encumbrances
Year to Date
Activity
(Year to Date +
Encumbrances)
Variance
Favorable
(Unfavorable)
Percent Used
to Date
Fund: 543 - STORM PLEDGED FACILITY
Revenue 1,465,196 1,465,196 1,156,026 - 1,156,026 (309,170) 79% Expense 1,465,196 1,465,196 770,794 - 770,794 694,402 53% - - 385,232 - 385,232 385,232
Fund: 544 - STORM DEBT SERVICE
Revenue - 745,131 - 745,131 745,131
Expense - 445,890 - 445,890 (445,890)
- - 299,240 299,240 299,240

TOTAL ENTERPRISE FUNDS
Revenue 24,996,302 24,996,302 24,580,280 - 20,651,583 607,145 83% Expense 24,385,987 33,203,788 14,637,252 1,612,122 14,367,516 5,547,805 43% 610,315 (8,207,486) 9,943,027 (1,612,122) 6,284,067 (4,940,660)

CAPITAL PROJECTS
Revenue 3,950,000 3,950,000 - - - (3,950,000) 0%
Expense 3,950,000 10,366,228 1,903,311 2,154,825 4,058,137 6,308,091 39% - (6,416,228) (1,903,311) (2,154,825) (4,058,137) 2,358,091 83,238,779 83,818,778 68,580,242 - 64,651,545 (14,215,368) 77% 83,492,356 100,958,527 37,671,304 7,063,573 42,853,018 44,817,042 42% (253,577) (17,139,749) 30,908,938 (7,063,573) 21,798,527 30,601,674 Item 7.3
TITLE: Adopt a Resolution Approving the Final Map for Mountain House Neighborhood B11 – Phase 1 (Tract No. 3618)
MEETING DATE: June 25, 2025
PREPARED BY: Kathleen Chen, Engineer II

RECOMMENDATION
Staff recommends that the City Council adopt a resolution to:

1. Approve the Final Map (Tract No. 3618) for Mountain House Neighborhood B11 – Phase 1; and

2. Accept, on behalf of the public, all offers of dedication and authorize recordation of the Final Map.

Staff further recommends that the City Manager be authorized to take all necessary actions to carry out the purpose and intent of the resolution.

BACKGROUND
On November 22, 2005, and as amended December 8, 2015, the San Joaquin County Board of Supervisors adopted Mountain House Specific Plan III and the related Development Agreement (Ordinance No. 4243), covering approximately 816 acres south of Grant Line Road and east of Central Parkway.

On May 21, 2024, the County approved Tentative Map PA-2300150 for Neighborhood B11 – Phase 1, encompassing approximately 16.0 acres within Specific Plan III.

DISCUSSION
The California Subdivision Map Act requires the legislative body to approve a Final Map if it is found to be in substantial compliance with the previously approved Tentative Map. This review ensures that the conditions of approval for the Tentative Map have been satisfied prior to recordation.

KB Home North Bay, LLC has submitted the Final Map for Tract No. 3618, which covers approximately 16.0 acres within Neighborhood B11 – Phase 1 of the Mountain House community. The Final Map is being processed for phasing purposes and proposes the subdivision of the project site into 22 residential parcels, one 12.94-acre remainder parcel (identified as Parcel A) to be further subdivided in future phases, and

0.76 acres of public street right-of-way.

All lots are subject to the original Tentative Map conditions and applicable amendments, and development must be consistent with the provisions of Specific Plan III. Future development will require the preparation of improvement plans for public streets and utilities, dedication of easements and rightof-way, execution of Subdivision Improvement Agreements, and the posting of bonds to guarantee construction of public improvements.

Item 7.4
The City Engineer has reviewed the Final Map and determined that it is technically accurate and in substantial conformance with the approved Tentative Map. Therefore, staff recommends that the City Council approve the Final Map, accept the offers of dedication on behalf of the public, and authorize recordation of the map. A copy of the Final Map is included as Exhibit 1 to the proposed resolution (Attachment B).

FISCAL IMPACT
Staff time related to processing this map is fully reimbursed by the developer. The City does not budget these reimbursements in advance due to variability in activity levels.

STRATEGIC PLAN
Approval of the Final Map supports the City’s strategic goal to facilitate community buildout through planned development.

CEQA
The Final Environmental Impact Report (FEIR) for Mountain House and its Sphere of Influence was certified by the San Joaquin County Board of Supervisors in 1994. A Specific Plan III FEIR was certified on November 22, 2005 (Order B-05-1289), and a subsequent Notice of Exemption for PA-2100120 (Tract 4040) was filed on November 22, 2022.

Approval of the Final Map is exempt from further CEQA review per CEQA Guidelines Section 15268(b)(3), Ministerial Projects.

ACTION FOLLOWING CITY COUNCIL APPROVAL
Staff will coordinate to record the Final Map with the San Joaquin County Recorder’s Office.

ATTACHMENTS
Attachment A: Vicinity Map
Attachment B: Proposed Resolution
Attachment C: Subdivision Improvement Agreement – Civil, Joint Trench & Street Lighting and Parkway Strip Landscaping
Item 7.4

 




 


 


 

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ATTACHMENT
Item 7.4
A

ATTACHMENT B
- 1 -

CITY COUNCIL OF MOUNTAIN HOUSE
RESOLUTION NO. 2025 –##

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUNTAIN HOUSE APPROVING THE

FINAL MAP, ACCEPTING ALL OFFERS OF DEDICATION ON BEHALF OF THE PUBLIC, AND

AUTHORIZING RECORDATION OF THE FINAL MAP FOR MOUNTAIN HOUSE NEIGHBORHOOD B11 – PHASE 1 (TRACT NO. 3618)
WHEREAS, Tract No. 3618, known as Mountain House Neighborhood B11 – Phase 1, is located south of Grant Line Road and east of Central Parkway; and WHEREAS, the Final Map proposes to subdivide an approximately 16.0-acre site into 22 residential parcels, one 12.94-acre remainder parcel (Parcel A), and 0.76 acres of street right-of-way for phasing purposes; and
WHEREAS, the subdivider, KB Home North Bay, LLC, a Delaware Limited Liability Company, has submitted the Final Map for City approval; and
WHEREAS, City staff has reviewed the Final Map and determined it to be in substantial conformance with the approved Tentative Map and applicable conditions of approval; and WHEREAS, all development is subject to the provisions of Specific Plan III and any applicable conditions of approval and amendments thereto;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mountain House as follows:

1. The Final Map entitled Mountain House Neighborhood B11 – Phase 1 (Tract No. 3618), consisting of eight (8) sheets and attached hereto as Exhibit 1, is hereby approved.

2. The City Council accepts on behalf of the public all offers of dedication shown on the Final Map for the purposes designated thereon and authorizes the recordation of the map.

3. Approval of the Final Map is subject to the requirement that the map submitted for recordation has been reviewed and signed by the San Joaquin County Surveyor as being in compliance with the Subdivision Map Act of the State of California and approved by the City Engineer.

4. The City Clerk is authorized and directed to sign the Final Map upon satisfaction of the above requirements and ensure its recordation with the County Recorder.

5. The City Manager is authorized to take such other actions as may be necessary and appropriate to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Mountain House at a regular meeting held on the 25th day of June 2025, by the following vote:

Item 7.4

ATTACHMENT B
- 2 -
AYES:

NOES:

ABSENT:
______________________________________

ANDY SU, MAYOR
City of Mountain House,
County of San Joaquin, State of California
ATTEST:

City Clerk of the City of Mountain House,
County of San Joaquin, State of California
By: ______________________________
Item 7.4
TRACT NO. 3618
CONSISTING OF 8 SHEETS
BEING A SUBDIVISION OF LOT 4 OF "TRACT NO. 3635, MACHADO, UNIT NO. 2" FILED IN BOOK 44 OF MAPS AND PLATS, PAGE 97,

SAN JOAQUIN COUNTY RECORDS, BEING IN A PORTION OF
THE S.E. 1/4 OF SECTION 16, T.2S., R.4E., M.D.B.&M.

CITY OF MOUNTAIN HOUSE, SAN JOAQUIN COUNTY, CALIFORNIA
FEBRUARY 2025

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456

SUBDIVISIONS OF SAN JOAQUIN COUNTY, CALIFORNIA

MOUNTAIN HOUSE,
NEIGHBORHOOD 'B', UNIT NO. 11 - PHASE 1
JOB NO. 673-186 SHEET OF 1 8

OWNER'S STATEMENT

OWNER'S ACKNOWLEDGMENT RECORDER'S STATEMENT

CITY ENGINEER'S STATEMENT
SITE

VICINITY MAP
(D.D. SHEET 51) (PA-2300149)

CITY CLERK'S STATEMENT

CERTIFICATE OF DEDICATION

EXHIBIT
Item 7.4
1 TRACT NO. 3618
CONSISTING OF 8 SHEETS
BEING A SUBDIVISION OF LOT 4 OF "TRACT NO. 3635, MACHADO, UNIT NO. 2" FILED IN BOOK 44 OF MAPS AND PLATS, PAGE 97,

SAN JOAQUIN COUNTY RECORDS, BEING IN A PORTION OF
THE S.E. 1/4 OF SECTION 16, T.2S., R.4E., M.D.B.&M.

CITY OF MOUNTAIN HOUSE, SAN JOAQUIN COUNTY, CALIFORNIA
FEBRUARY 2025

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456

SUBDIVISIONS OF SAN JOAQUIN COUNTY, CALIFORNIA

MOUNTAIN HOUSE,
NEIGHBORHOOD 'B', UNIT NO. 11 - PHASE 1
JOB NO. 673-186 SHEET OF 2 8

COUNTY SURVEYOR'S STATEMENT

NOTES SURVEYOR'S STATEMENT
SIGNATURE OF OMISSIONS:

OPTIONEE ACKNOWLEDGMENT

OPTIONEE'S STATEMENT

EXHIBIT
Item 7.4
1 LOT 4

PROSPERITY STREET

GOBIND BOULEVARD

VIVANI STREET

STARLIGHT STREET

ARABELLA WAY

FIORINO STREET

AKAAL DRIVE
3 100'

GRAPHIC SCALE
100' 0' 50' 100' 200' 400'
LEGEND
4 JOB NO. 673-186 SHEET OF 8
TRACT NO. 3618
SCALE: 1" =
CONSISTING OF 8 SHEETS
BEING A SUBDIVISION OF LOT 4 OF "TRACT NO. 3635, MACHADO, UNIT NO. 2" FILED IN BOOK 44 OF MAPS AND PLATS, PAGE 97,

SAN JOAQUIN COUNTY RECORDS, BEING IN A PORTION OF
THE S.E. 1/4 OF SECTION 16, T.2S., R.4E., M.D.B.&M.

CITY OF MOUNTAIN HOUSE, SAN JOAQUIN COUNTY, CALIFORNIA
FEBRUARY 2025

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456

SUBDIVISIONS OF SAN JOAQUIN COUNTY, CALIFORNIA

MOUNTAIN HOUSE,
NEIGHBORHOOD 'B', UNIT NO. 11 - PHASE 1

CORINTHIAN WAY

NATASHA AVENUE
REFERENCES:

NOTES:

BASIS OF BEARINGS: MOUNTAIN HOUSE PARKWAY

EXHIBIT
Item 7.4
1 109
108
107
106
105
104
1 2
3 4
5 6
7 8
9 13
14 10
11 12
110
5 111
6 7

PARCEL A

VIVANI STREET
8 PROSPERITY STREET

GOBIND BOULEVARD

VIVANI STREET

STARLIGHT STREET

ARABELLA WAY

FIORINO STREET

AKAAL DRIVE VIVANI STREET

VIVANI STREET
4 GRAPHIC SCALE
100' 0' 50' 100' 200' 400'
JOB NO. 673-186 SHEET OF 8
LEGEND:
3 NOTES:

INDEX SHEET
100'
TRACT NO. 3618
SCALE: 1" =
CONSISTING OF 8 SHEETS
BEING A SUBDIVISION OF LOT 4 OF "TRACT NO. 3635, MACHADO, UNIT NO. 2" FILED IN BOOK 44 OF MAPS AND PLATS, PAGE 97,

SAN JOAQUIN COUNTY RECORDS, BEING IN A PORTION OF
THE S.E. 1/4 OF SECTION 16, T.2S., R.4E., M.D.B.&M.

CITY OF MOUNTAIN HOUSE, SAN JOAQUIN COUNTY, CALIFORNIA
FEBRUARY 2025

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456

SUBDIVISIONS OF SAN JOAQUIN COUNTY, CALIFORNIA

MOUNTAIN HOUSE,
NEIGHBORHOOD 'B', UNIT NO. 11 - PHASE 1
SUBDIVISION SUMMARY:

EXHIBIT
Item 7.4
1 SEE SHEET 6
110
109
108
107
106
105
104

GOBIND BOULEVARD

VIVANI STREET
SEE SHEET 8

PROSPERITY STREET

VIVANI STREET

STARLIGHT
STREET

VIVANI STREET
111

DETAIL A DETAIL B
5 GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
JOB NO. 673-186 SHEET OF 8
NOTES:
30'
TRACT NO. 3618
SCALE: 1" =
CONSISTING OF 8 SHEETS
BEING A SUBDIVISION OF LOT 4 OF "TRACT NO. 3635, MACHADO, UNIT NO. 2" FILED IN BOOK 44 OF MAPS AND PLATS, PAGE 97,

SAN JOAQUIN COUNTY RECORDS, BEING IN A PORTION OF
THE S.E. 1/4 OF SECTION 16, T.2S., R.4E., M.D.B.&M.

CITY OF MOUNTAIN HOUSE, SAN JOAQUIN COUNTY, CALIFORNIA
FEBRUARY 2025

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456

SUBDIVISIONS OF SAN JOAQUIN COUNTY, CALIFORNIA

MOUNTAIN HOUSE,
NEIGHBORHOOD 'B', UNIT NO. 11 - PHASE 1

EXHIBIT
Item 7.4
1 SEE SHEET 7 SEE SHEET 5 VIVANI STREET
14 13
12 11
1098 SEE SHEET 8
DETAIL A DETAIL B 6

GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
JOB NO. 673-186 SHEET OF 8
NOTES:
30'
TRACT NO. 3618
SCALE: 1" =
CONSISTING OF 8 SHEETS
BEING A SUBDIVISION OF LOT 4 OF "TRACT NO. 3635, MACHADO, UNIT NO. 2" FILED IN BOOK 44 OF MAPS AND PLATS, PAGE 97,

SAN JOAQUIN COUNTY RECORDS, BEING IN A PORTION OF
THE S.E. 1/4 OF SECTION 16, T.2S., R.4E., M.D.B.&M.

CITY OF MOUNTAIN HOUSE, SAN JOAQUIN COUNTY, CALIFORNIA
FEBRUARY 2025

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456

SUBDIVISIONS OF SAN JOAQUIN COUNTY, CALIFORNIA

MOUNTAIN HOUSE,
NEIGHBORHOOD 'B', UNIT NO. 11 - PHASE 1

EXHIBIT
Item 7.4
1 SEE SHEET 6 VIVANI STREET
1 2
3 4
5 6
7 SEE SHEET 8 VIVANI STREET

ARABELLA WAY

FIORINO STREET

DETAIL A
7 GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
JOB NO. 673-186 SHEET OF 8
NOTES:
30'
TRACT NO. 3618
SCALE: 1" =
CONSISTING OF 8 SHEETS
BEING A SUBDIVISION OF LOT 4 OF "TRACT NO. 3635, MACHADO, UNIT NO. 2" FILED IN BOOK 44 OF MAPS AND PLATS, PAGE 97,

SAN JOAQUIN COUNTY RECORDS, BEING IN A PORTION OF
THE S.E. 1/4 OF SECTION 16, T.2S., R.4E., M.D.B.&M.

CITY OF MOUNTAIN HOUSE, SAN JOAQUIN COUNTY, CALIFORNIA
FEBRUARY 2025

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456

SUBDIVISIONS OF SAN JOAQUIN COUNTY, CALIFORNIA

MOUNTAIN HOUSE,
NEIGHBORHOOD 'B', UNIT NO. 11 - PHASE 1

EXHIBIT
Item 7.4
1 VIVANI STREET
SEE SHEET 5

GOBIND BOULEVARD

VIVANI STREET

ARABELLA
WAY

FIORINO STREET
PARCEL A SEE SHEET 7 SEE SHEET 6
8 GRAPHIC SCALE
60' 0' 30' 60' 120' 240'
JOB NO. 673-186 SHEET OF 8
NOTES:

STARLIGHT
STREET
60'
TRACT NO. 3618
SCALE: 1" =
CONSISTING OF 8 SHEETS
BEING A SUBDIVISION OF LOT 4 OF "TRACT NO. 3635, MACHADO, UNIT NO. 2" FILED IN BOOK 44 OF MAPS AND PLATS, PAGE 97,

SAN JOAQUIN COUNTY RECORDS, BEING IN A PORTION OF
THE S.E. 1/4 OF SECTION 16, T.2S., R.4E., M.D.B.&M.

CITY OF MOUNTAIN HOUSE, SAN JOAQUIN COUNTY, CALIFORNIA
FEBRUARY 2025

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456

SUBDIVISIONS OF SAN JOAQUIN COUNTY, CALIFORNIA

MOUNTAIN HOUSE,
NEIGHBORHOOD 'B', UNIT NO. 11 - PHASE 1

EXHIBIT
Item 7.4
1 1
SIA-2025-01

SUBDIVISION IMPROVEMENT AGREEMENT
(Civil, Joint Trench & Street Lights and Parkway Strip Landscaping Improvements) (FINAL MAP TRACT NO. 3618)
THIS SUBDIVISION IMPROVEMENT AGREEMENT – FINAL MAP TRACT NO. 3618 (“Agreement”) is made and entered into as of _____________, (the “Effective Date”) by and between the City of Mountain House, a California municipal corporation, hereafter referred to as “City” and KB Home North Bay, LLC, a Delaware corporation, hereinafter referred to as “Subdivider.”

RECITALS
WHEREAS, Subdivider has presented to the City for approval a final subdivision map (“Map”) entitled Tract No. 3618, Subdivisions of San Joaquin County, California, Mountain House, Subdivisions of San Joaquin County, California, Mountain House, “Neighborhood B, Unit No.11-Phase 1.”
WHEREAS, the Map substantially complies with all applicable City requirements and conditions, including but not limited to the provisions of the MARA, any applicable Development Agreement, PAA-2, PRA-2, the-then Mountain House Community Services District (MHCSD) Will Serve letter, the Master Plan, Specific Plan III, and the Conditions of Approval of Major Subdivision PA-2300150, Specific Plan III portion of Neighborhood B, Unit No. 11.

WHEREAS, Subdivider has requested approval of said Map prior to completing the construction and the dedication of improvements, including all streets, highways and public ways and public utility facilities which are a part of, or appurtenant to, the subdivision (“Subdivision”) designated in the Map, all in accordance with, and as required by, the plans and specifications for all or any of said improvements in, appurtenant to the Subdivision, which plans and specifications are contained in the following Improvement Plans (collectively referenced herein as the “Plans”): 1) Improvement Plans, “Tract 3618 Neighborhood B11”, Mountain House, San Joaquin County, California prepared by CBG civil engineers dated December 12, 2024, and consisting of combined sheets 1 through 28; and are now on file in the office of the City Manager of the City; and 2) Future Neighborhood ‘B11’ Tract 3618, Joint Trench Composite Plan and Public Street Lighting Plan; and 3) Future “Neighborhood A/B Neighborhood A (Theme: Spanish Colonial) Tract B123, B2B3, B4, B5, B6, B7, B8 & B11 In-Tract Landscape Guidelines”, prepared by Vander Toolen Associates to be approved by the City Manager of the City (collectively referenced herein as the “Improvements”); and WHEREAS, this Agreement is executed pursuant to the statutory right of a City to enter into contracts and the provisions of the State Subdivision Map Act.

NOW, THEREFORE, for and in consideration of these promises and the approval of said Map and of the acceptance of the dedications, or some thereof, therein offered, and in order to ensure satisfactory performance by Subdivider of Subdivider’s obligations under said Subdivision Map Act, the parties hereto agree as follows:







 



 





ATTACHMENT C
Item 7.4
2 AGREEMENT

1. PERFORMANCE OF WORK
Subdivider shall construct or cause to be constructed, at Subdivider’s own expense, in a good and workmanlike manner, under the direction of the City Manager and to the specifications and standards of the City, all of the following work and Improvements within the Subdivision, towit:

Those certain improvements designated and shown the Plans as streets, curbs, gutters, sanitary sewers, storm sewers, water mains, street lights, sidewalks, walls, signage, striping and other on-site improvement in accordance with the standard plans and specifications on file in the office of the City Manager together with any changes required or ordered by said City Manager, which in the City Manager’s opinion, are necessary or required to complete the work.

2. WORK: PLACES AND GRADES TO BE FIXED BY ENGINEER
All of said work is to be done under the direction of the City Manager, and to the grades as shown upon the approved plans and specifications on file or to-be on file in the office of the City Manager. Subdivider warrants that construction will not adversely affect any portion of adjacent properties. Any adverse impacts shall be mitigated to the satisfaction of the City Engineer.

3. WORK: TIME FOR COMMENCEMENT AND PERFORMANCE
At least forty-eight (48) hours (excluding Saturday, Sunday and holidays) prior to the commencement of any work hereunder, Subdivider shall notify the City Manager in writing of the date fixed by Subdivider for commencement thereof, so that the City Manager shall be able to provide services of inspection.

Subdivider will complete or cause to be completed, all Improvements in accordance with the plans and specifications on files as hereinbefore specified, including any changes mutually agreed upon by the said City Manager and the Subdivider, and or required by revision to federal, state or local standards.

The work shall be performed in a safe and good workmanlike manner, and enough workers to quickly and adequately perform the work in accordance with normal construction standards for similar jobs shall be employed and used. All work must comply with State of California, Division of Industrial Safety Construction Orders.

Except during an emergency, as determined by the City Manager, all work shall be performed within the hours specified within the City Standards or as may be extended subject to the City Manager’s approval.

Any contractor not performing as required by this Agreement may, at the discretion of the City Manager, be barred from doing any work within the City on any subdivision or any public works project for a maximum period of two (2) years. 






 



 


ATTACHMENT
Item 7.4
C
3 The City may require Subdivider to furnish a licensed Soils Engineer to test and certify that all cuts, fills and trench backfill conform to the requirements of the City and State codes.

The Improvements shall be completed within two years of the Effective Date, unless such time is extended in writing by the City Manager.

4. TIME OF ESSENCE: EXTENSION
Time is of the essence of this Agreement, provided that in the event good cause is shown therefore, the City Manager may extend the time for completion of the Improvements hereunder. Any such extension may be granted without notice to the Subdivider’s surety, and extensions so granted shall not release or modify the surety’s liability on the bond to secure the faithful performance of this Agreement, or the payment for labor and materials.

5. REPAIRS AND REPLACEMENTS
Subdivider shall replace, or have replaced, or repair or have repaired, as the case may be, all pipes and monuments shown on the map which have been destroyed or damaged by reason of any work done hereunder, and Subdivider shall replace or have replaced, repair or have repaired, as the case may be, or pay the owner, the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any combination of such owners. Any such repair or replacement shall be to the specifications and standards of the City.

6. UTILITY DEPOSITS: STATEMENT
Subdivider shall make all deposits legally required by each public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the Subdivision.

7. PERMITS: COMPLIANCE WITH LAW
Subdivider shall, at Subdivider’s expense, obtain all necessary permits and licenses for the construction of the Improvements, give all necessary notices and pay all fees and taxes required by law. Necessary permits include encroachment permits for any and all work conducted within the City Right of Way or connection to any and all City utilities or other improvements.

8. SUPERINTENDENCE BY SUBDIVIDER
Subdivider shall give personal superintendence to the work on said Improvements or have a competent foreman or superintendent on the work at all times during progress, with authority to act for Subdivider.

9. INSPECTION BY THE CITY
Subdivider shall at all times maintain proper facilities, and provide safe access for inspection by the City, to all parts of the work, and to the shops wherein the work is in preparation.







 



 


ATTACHMENT
Item 7.4
C
4 10. CONTRACT SECURITY
Concurrently with the execution hereof, Subdivider shall furnish:

A. A cash bond guaranteeing payment for placing monuments in the amount of ………………… $ N/A

B. A surety bond, cash deposit or letter of credit
(100% of the uncompleted public improvements cost) as security for the faithful performance of the work for the completion of the Improvements in the following amounts:
$ 2,510,000.00
C. A separate security bond, cash deposit or letter of credit (100% of uncompleted public improvements cost) as security for the payment of all persons performing labor and furnishing materials in connection with the work for the completion of the Improvements in the following amounts:
$ 2,510,000.00
The surety on each of said bonds shall be a corporate surety company authorized to transact business in the State of California, and the form thereof shall be satisfactory to the City Attorney and the City Manager and consistent with the Subdivision Map Act including but not limited to Government Code Section 66499 through Section 66499.10. The above bonds may be combined.

See Exhibit A for Engineers Bond Estimates prepared by CBG.

11. RELEASE OF CONTRACT SECURITY
All of the Securities posted for Subdivision Improvements, referenced in Section 10 above, shall be released as follows with the exception of item 17 in this agreement, and subject to Government Code Section 66499.7.

A. Security given for faithful performance (Section 10 B above) shall be released after the City accepts the work and a warranty bond in the amount of twenty percent (20%) of the said work is provided to the City for a term of not less than one (1) year following the date of such acceptance of the work. If a significant repair to a certain improvement is required during the one (1) year warranty period, the warranty period for that repair work, and any facility related to the repair work, as determined by the City, shall be extended for one (1) year from the date the significant repair is completed and approved by City for acceptance.

B. Security securing the payment to the contractor, the subcontractors of the contractor, and to persons furnishing labor, materials and equipment shall be released sixty (60) days after recording the Notice of Completion provided that the City has finally accepted the work and provided no claims or liens have been filed with the City. If claims of lien have been filed, an amount of security at least equal to the claims shall be retained pending the outcome of the claims.







 



 


ATTACHMENT
Item 7.4
C
5 C. The security guaranteeing that the completed work remains operational and free of defect during the required 1-year warranty period shall be released upon correction, by Subdivider, of any defects in the work existing at the end of the warranty period. The warranty shall be extended for one year after any major repairs.

D. Monument security shall be released in accordance with the provisions of Section 66497 of the Government Code.

In the event that the Improvements do not conform to the plans and specifications or defects are not corrected within the time limit specified by the City, the City shall have the authority to order the necessary work done and to recover the cost of such work as well as any costs of enforcing such obligation, including attorney fees, from the Subdivider and the Subdivider’s surety or the financial institution providing the instrument of credit.

12. HOLD HARMLESS AGREEMENT
Subdivider hereby agrees to, and shall hold the City, its elective and appointive boards, commissions, officers, agents, and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Subdivider’s or Subdivider’s contractors, subcontractors’, agents’ or employees’ operations under this Agreement, whether such operations be by Subdivider or by any Subdivider’s contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for Subdivider or any of Subdivider’s contractors or subcontractors. Subdivider agrees to and shall indemnify and defend the City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations and Subdivider shall pay all reasonable attorney’s fees and costs that the City may incur.

The City does not, and shall not, waive any rights against Subdivider which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance of the Improvements by the City, or the contract security with the City by Subdivider.

The aforesaid hold-harmless agreement by Subdivider shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not the City has prepared, supplied or approved of, plans and/or specifications for the Subdivision.

The Subdivider shall, during the life of this Agreement take out and maintain insurance coverage with an insurance carrier authorized to transact business in the State of California as will protect the Subdivider or any Contractor or any Subcontractor or anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable, from claims for damages because of bodily injury, sickness, disease, or death of their employees or any person other than their employees, or for damages because of injury to or destruction of tangible property, including loss of use resulting there from.

The minimum limits of liability for such insurance coverage which shall include comprehensive general and automobile liability, including contractual liability assumed under this Agreement, shall be as follows:







 



 


ATTACHMENT
Item 7.4
C
6 A. Limit of Liability for Injury or Accidental Death

Per Occurrence…………………..$1,000,000.00
B. Limit of Liability for Property Damage
Aggregate Liability for Loss…..…$1,000,000.00
Such liability insurance policies shall name the City as an additional insured, by separate endorsement, and shall agree to defend and indemnify the City against loss arising from operations performed under this Agreement and before permitting any Contractor or Subcontractors to perform work under this Agreement, the Subdivider shall require Contractor or Subcontractors to furnish satisfactory proof that insurance has been taken out and is maintained similar to that provided by the Subdivider as it may be applied to the Contractor’s or Subcontractor’s work. Said policy limits shall not be reduced without the prior written notification to the City.

13. TITLE TO IMPROVEMENTS
Title to, and ownership of, all of the Improvements constructed hereunder by Subdivider shall vest absolutely in the City, upon completion and acceptance of such public Improvements by the City, except as otherwise may be provided in this Agreement. Prior to final acceptance by the City, the Subdivider shall submit to the City Manager accurately revised “record drawings” plans showing all the sanitary, storm and water lateral locations, monuments with tie notes.

14. REPAIR OR RECONSTRUCTION OF DEFECTIVE WORK
If, within a period of one (1) year after final acceptance of the work performed under this Agreement, any structure or part of any structure furnished and/or installed or constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the requirements of this Agreement or the specifications referred to herein, Subdivider shall without delay and without any cost to the City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure.

Should Subdivider fail to act within thirty (30) days after written notice or in case of emergency, the City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to the City the actual cost of such repairs plus twentyfive (25) percent as administrative costs.

15. REPAIR OR RECONSTRUCTION OF DAMAGED WORK
A. Public Improvements Constructed by Subdivider But Not Yet Accepted by the City: Subdivider agrees that for any public Improvements that have been constructed by Subdivider and not yet accepted by the City, and such acceptance has not been unreasonably withheld, and such public Improvements do not meet the specifications and standards of the City in place at the time of plan approval, Subdivider shall, as may be necessary to return those improvements to the condition in which they were when constructed, repair or re-construct, at Subdivider’s own expense, in a good and workmanlike manner, under the direction of the City Manager and to the current specifications and standards of the City, to wit:

Those certain Improvements designated and shown on said plans as streets, signs, thermoplastic striping, curbs, gutters, streetlights, sidewalks, fire hydrants, utilities, 






 



 


ATTACHMENT
Item 7.4
C
7 backflow prevention devices, Bacteria testing stations and other on-site improvements within the City right-of-way, in accordance with the standard plans and specifications on file in the office of the City Manager.

Subdivider shall repair or reconstruct said improvements as necessary within 15 working days from receipt of a deficiency list.

B. Public Improvements Constructed by Subdivider and Accepted by the City: Until all homes in the Tract are complete and the streets improvements have been completed Subdivider agrees that for any Improvements that have been accepted by the City, and damaged by Subdivider’s construction and home building activities, Subdivider shall, as may be necessary to return those Improvements to the condition in which they were when constructed and accepted by the City, repair or re-construct, at Subdivider’s own expense, in a good and workmanlike manner, under the direction of the City Manager and to the specifications and standards of the City, to wit:

Those certain Improvements designated and shown on said plans as streets, signs, thermoplastic striping, curbs, gutters, streetlights, sidewalks, fire hydrants, utilities, backflow prevention devices, Bacteria testing stations, and other on-site improvements within the City right-of-way, in accordance with the standard plans and specifications on file in the office of the City Manager.

Subdivider shall repair or reconstruct said Improvements as necessary within 15 working days from receipt of a deficiency list.

16. REPAIRS AND REPLACEMENTS OF DAMAGE BY HOME BUILDER ACTIVITIES

Subdivider shall replace, or have replaced, or repair or have repaired, as the case may be, all pipes and monuments shown on the map which have been destroyed or damaged by Subdivider’s activities, and Subdivider shall replace or have replaced, repair or have repaired, as the case may be, or pay the City, the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any combination of such owners. Any such repair or replacement shall be to the specification and standards of the City and/or agencies as needed.

17. EXISITING BONDS
Existing bond(s) in place by Subdivider cannot be released until all covenants of this agreement have been satisfied. Subject to Government Code 66499.7, the bonds will be released only upon completion of all the obligations of the development including the acceptance of all improvements and meeting of all other obligations in this agreement.

Subdivider shall be responsible for maintenance and upkeep of all improvements during a partial acceptance until building construction is completed or the developer is specifically released from this responsibility in writing by City at the final and full acceptance of all the improvements. If there are any conflicts between this section 17 and Government Code 66499.7, the Government Code shall prevail.

18. SUBDIVIDER NOT AGENT TO THE CITY







 



 


ATTACHMENT
Item 7.4
C
8 Neither Subdivider nor any of Subdivider’s agents or contractors are or shall be considered to be agents of the City in connection with the performance of Subdivider’s obligations under this Agreement.

19. COST OF ENGINEERING AND INSPECTION
All plan check or inspection charges shall be billed by the City and paid by the Subdivider subject to the terms of the Deposit and Reimbursement Agreement between the City and the Subdivider Dated March 1, 2025.

No work shall be performed without inspection by the City. Any work performed without an inspection will not be accepted by the City.

All work which requires inspection, shall be performed during the City’s normal working hours and work days. If any work is performed before 8:00 a.m., and after 5:00 p.m., or on an City holiday, or on a weekend, there must be a request in writing twenty-four (24) hours in advance for an inspector during those hours, and there must be paid to the City double the Inspector’s hourly cost to the City. This payment is not included in the Mountain House inspection fee.

If an inspector is not available to work during such hours, as requested, no work shall be performed during those hours.

20. NOTICE OF BREACH AND DEFAULT
If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time, or if the Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider’s creditors, or if a receiver should be appointed in the event of Subdivider insolvency, or if Subdivider, or any of Subdivider’s contractors, subcontractors, agents, or employees should violate any of the provisions of this Agreement, the City Manager or City Council may serve written notice upon Subdivider and Subdivider’s surety of breach of this Agreement or of any portion thereof and default of Subdivider.

21. BREACH OF AGREEMENT: PERFORMANCE BY SURETY OR THE CITY In the event of any such notice, Subdivider’s surety shall have the duty to take over and complete the work and the Improvements; provided, however, that if the surety, within ten (10) days after the serving upon it of such notice of breach does not give the City written notice of its intention to take over the performance of the contract, and does not commence performance thereof within ten (10) days after notice to the City of such election, the City may take over the work and prosecute the same to completion, by contract or by any other method the City may deem advisable, for the account and at the expense of Subdivider, and Subdivider’s surety shall be liable to the City for the cost and damages occasioned the City thereby; and, in such event, the City without liability for so doing may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary therefore. The City reserves to itself all remedies available to it at law or in equity for breach of Subdivider’s obligations under this Agreement. The right of the City to draw upon or utilize the security is additional to and not in lieu of any other remedy available to the City. In the event that Subdivider fails to perform any obligations hereunder, Subdivider 






 



 


ATTACHMENT
Item 7.4
C
9 agrees to pay all costs and expenses incurred by the City in securing performance of such obligations, including costs of suit and reasonable attorney fees.

22. NOTICES
All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid.

Notices required to be given to the City shall be addressed as follows:

City Manager
City of Mountain House
251 E. Main Street
Mountain House, California 95391
Notices required to be given to Subdivider shall be addressed as follows:

KB Home North Bay, LLC
4830 Business Center Drive,
Suite 150
Fairfield, California 94534
Attn: Matt Sauls

Provided that any party or the surety may change such address by notice in writing to the other party and, thereafter, notices shall be addressed and transmitted to the new address.

23. FIRE PROTECTION
No building permits will be issued in this Subdivision until the water system has been completed and tested and all access streets installed and made serviceable. This provision may be modified or waived if an alternate method of providing fire protection is provided and approved by the City Manager.

26. SLURRY SEAL
The Subdivider shall install a slurry seal to the paved surface of the Subdivision upon completion of homebuilding activities in the Subdivision. Slurry seal shall be installed as described in the City of Mountain House Standard Specifications and Details. All streets constructed as part of this subdivision and shown on this map shall be included in the slurry seal project by the developer or builder who is performing this requirement regardless of whether buildings are built on those streets or not. Alternatively, the subdivider may provide a cash payment of an equivalent value to the City.

27. STREET STRIPING
The Subdivider shall install permanent street striping and markings with “Hot Applied Thermoplastic” as described in the City of Mountain House Standard Specifications and Details.

Subdivider shall apply thermoplastic striping and signage to all streets within the Final Map including arterial and collector streets within the subdivision. 






 



 


ATTACHMENT
Item 7.4
C
10 28. BEST MANAGEMENT PRACTICES-STORM WATER MANAGEMENT The Subdivider shall purchase, install, and maintain, catch basin filters and/or other source control Best Management Practices (BMPs) for urban runoff as determined by the City.

The City approved catch basin filters must be installed in all streets and on the abutting arterials streets prior to home construction and acceptance. The filters shall be properly maintained, and filters replaced if damaged or filled with debris prior to acceptance. The Subdivider shall execute a Storm Water Management Agreement with the City.

29. LANDSCAPE PLANS

The Subdivider shall plan, design and install landscaping per the Conditions of Approval and the City Design Guidelines.

30. NEIGHBORHOOD B, PA-2300150, TENTATIVE MAP CONDITIONS OF APPROVAL The City has reviewed the Neighborhood B, PA-2300150, Tentative Map Conditions of Approval with the Subdivider. Some Conditions of Approval are not required to be satisfied prior to the recordation of the Final Map, or Subdivider compliance with said conditions is required on an ongoing basis. Subdivider agrees that the approval of the Final Map and this Agreement do not supersede those conditions, which will continue to apply.

31. ASSIGNMENT/SUBSTITUTION
Subdivider may assign this Agreement and its rights and obligations with the prior written approval of the City Manager, which approval shall not be unreasonably withheld, provided that such assignee expressly assumes the obligations of Subdivider hereunder. Upon any such assignment by Subdivider, Subdivider shall be fully relieved from any further liability hereunder.

This Agreement shall be binding upon and shall inure to the benefit of the successors and permitted assigns of the parties to this Agreement.

31. COMMUNITY FACILITIES DISTRICT
a. In satisfaction of condition zzz in the Machado Tentative Map conditions, Subdivider agrees to cooperate in the formation of, or annexation into, a community facilities district (“CFD”) or districts established pursuant to the Mello-Roos Community Facilities District Act of 1982 (Gov. Code §§ 53311–53368.3) (the “Mello-Roos Act”) including approval of the Rate, Method of Apportionment and Manner of Collection of Special Tax (“RMA”) for the purpose of financing the construction, services and maintenance of certain public facilities/improvements, specifically including maintenance of open space, landscaping, trails and habitat, and parks.
b. Subdivider agrees that the boundaries of the district(s) will include all of its holdings south of Grant Line Road along with other lands determined by the City (the “2024 CFD Property”), and that Subdivider will not contest and will, for and on behalf of the lands within Tract No. 3618, vote in favor of formation of or annexation into the district(s).

Subdivider shall pay its fair share of administrative costs incurred by the City associated with the formation of and/or annexation into the district(s), as determined by the City Engineer. If formed prior to July 1, 2024, the City agrees that the amount of the services special tax will not exceed $533 per residential unit in the first year, with subsequent years being subject to typical inflationary adjustments as may be specified the RMA. 






 



 


ATTACHMENT
Item 7.4
C
11 c. Subdivider further agrees to cooperate in the formation of, or annexation into, a community facilities district or districts (the “Facilities CFD”) established pursuant to the Mello-Roos Act including approval of the RMA for the purpose of financing the City’s improvement of parks identified in the City’s/District’s Community Facility Fee Program.

Subdivider and City agree that the boundaries of the Facilities CFD will include all of its holdings south of Grant Line Road, and that Subdivider will not contest and will, for and on behalf of all of the Property, vote in favor of formation of or annexation into the Facilities CFD. Subdivider shall pay its fair share of administrative costs incurred by City associated with the formation of and/or annexation into the district.

City of Mountain House
By: _____________________________________
Steven J. Pinkerton, City Manager
APPROVED AS TO FORM:

By: _____________________________________
John Bakker, City Attorney
KB Homes North Bay, LLC,
A Delaware corporation
BY: ________________________________
Name: Matt Sauls
Its: Division President
Date: ______________________________







 



 





ATTACHMENT
Item 7.4
C
TITLE: Award Construction Agreement for the Mountain House Parkway Traffic Signal Synchronization Project
MEETING DATE: June 25, 2025
PREPARED BY: Hamid Parsa, Engineer V

RECOMMENDATION
It is recommended that the City Council award a Construction Agreement in the amount of $207,645 to Bear Electrical Solutions, LLC for the Mountain House Parkway Traffic Signal Synchronization, Federal Aid Project No. CML-5929(315).

It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.

BACKGROUND
The Mountain House Parkway Traffic Signal Synchronization, Federal Aid Project No. CML-5929(315), is funded through a combination of federal and local sources, including the Federal Highway Administration’s Congestion Mitigation and Air Quality (CMAQ) Program. The CMAQ Program provides funding for transportation projects that reduce traffic congestion and improve air quality, particularly in areas that do not meet federal air quality standards. For this project, CMAQ funding was secured through the San Joaquin Council of Governments (SJCOG) beginning in 2019 with an initial award of $102,500, which was later increased to $276,000 in 2024. The project also includes $35,759 in local matching funds, for a total project budget of $311,759.

This project is designed to improve traffic flow, reduce congestion, and enhance air quality along the Mountain House Parkway corridor between Bryon Road and Von Sosten Road. The scope of work includes the installation of wireless modems at five signalized intersections, procurement of a centralized signal computer system, and implementation of signal synchronization timing plans.

Historically, the Mountain House Community Services District was not eligible to directly submit federal grant applications. In response, the City partnered with San Joaquin County and SJCOG, with the County’s Public Works Director agreeing to sponsor and submit applications on behalf of the District. The Traffic Signal Synchronization project was one of the successfully funded projects through this arrangement.

Because the project utilizes federal transportation funding, Disadvantaged Business Enterprise (DBE) program requirements apply. Under the DBE program, the prime contractor must either meet a projectspecific DBE goal or demonstrate good faith efforts to do so. Contractors who fail to meet the DBE goal and do not provide sufficient documentation of good faith efforts may be deemed non-responsive. A DBE is a certified small business that is at least 51% owned and controlled by individuals who are socially and economically disadvantaged, including women and members of specified ethnic minority groups including:
• African American
• Asian Pacific American
Item 7.5
• Native American
• Women
• Hispanic American
• Subcontinent Asian American
For this project, a 14% DBE goal was established in accordance with the Caltrans Local Assistance Procedures Manual, based on the type of work involved and the availability of DBE-certified firms in the region.

The project was advertised for bids on September 4, 2024, and three bids were received by the October 3, 2024 deadline. However, all three submissions were found to be incomplete, with missing or deficient documentation required in the bid package. Due to the significance of these omissions and the project’s federal funding requirements, the bids were rejected by the City Council on January 8, 2025.

DISCUSSION
Following the rejection of all initial bids in January 2025 due to incomplete submissions, the Mountain House Parkway Traffic Signal Synchronization, Federal Aid Project No. CML-5929(315), was re-advertised for bids on February 11, 2025, by San Joaquin County, acting as the federal funding sponsor on behalf of the City.

On March 13, 2025, a single bid was received from Bear Electrical Solutions, LLC, in the amount of $207,645. The bid was deemed responsive and complete, and it successfully addressed the deficiencies identified in the prior bidding process. Bear Electrical Solutions holds the appropriate contractor’s license to perform the work and has met the 14 percent DBE participation goal established for the project.

Staff has reviewed the bid and finds it to be regular in all respects. Based on this review, staff recommends that the City Council approve the project plans and specifications and award a Construction Agreement to Bear Electrical Solutions, LLC, in an amount not to exceed $207,645.

Construction is anticipated to begin in late summer of 2025.

FISCAL IMPACT
Construction of the Mountain House Parkway Traffic Signal Synchronization Project is primarily funded through CMAQ program funds in the amount of $244,342, with a local match of $31,658, for a total budget of $276,000.

The current unencumbered balance in Project Account No. 602-5000-7426 is sufficient to award a Construction Agreement in the amount of $207,645 to Bear Electrical Solutions, LLC.

There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended action.

STRATEGIC PLAN
This project supports the City’s approved Strategic Plan for fiscal years 2025-26 and 2026-27 by advancing key transportation and infrastructure goals:

Item 7.5
• Improved mobility and congestion relief through coordinated signal timing along a major arterial corridor;
• Enhanced sustainability by reducing vehicle idling and associated emissions, consistent with air quality improvement objectives;
• Infrastructure optimization by leveraging federal funding to modernize traffic systems and extend the useful life of existing assets; and
• A safer and more efficient transportation network, aligning with the City’s long-term vision of a well-connected, accessible, and resilient infrastructure system.

CEQA
This project is subject to both federal and state environmental review requirements. Under the National Environmental Policy Act (NEPA), Caltrans determined that the Mountain House Parkway Traffic Signal Synchronization Project qualifies as a Categorical Exclusion. This determination was made in accordance with 23 USC 326 and the Memorandum of Understanding (MOU) between the Federal Highway Administration (FHWA) and Caltrans, executed on April 18, 2019, which delegates NEPA responsibilities to Caltrans for certain federal-aid projects.

At the state level, the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c) and (f) of the CEQA Guidelines. The project involves the operation and minor alteration of existing public infrastructure with no expansion of use and no significant environmental impact. As the lead agency under CEQA, San Joaquin County filed a Notice of Exemption on March 10, 2022, in accordance with the applicable provisions of CEQA.

ACTION FOLLOWING CITY COUNCIL APPROVAL
Upon City Council approval, the City Manager will execute the agreement with Bear Electrical Solutions, LLC for the Traffic Signal Synchronization Project in an amount not to exceed $207,645.

ATTACHMENTS
A. Construction Agreement with Bear Electrical Solutions, LLC.

B. Proposed Resolution
Item 7.5
FIN-00 a.v.3
Date Requesting Department
MH Contract Manager
Vendor
Contact Name Email
Vendor DocuSign information (Full name and email address with signing authority) Name Email *Contract Start date is the date of execution by the General Manager unless otherwise indicated below:

Start Date* Expiration
Total Contract Amount Current Fiscal Year total
Does this work require a DIR Project # to be issued? Yes No Not Applicable Budget Adjustment Needed? Yes No City Council Item? Yes No PO Only If there are multiple line items, please list individual fund and amount when applicable. If there are more than 4 account strings, submit backup indicating each funding source and amount. If a budget adjustment is required, please submit the proper finance form.

Fiscal Year Funding Source Amount Description (limit 25 characters) Description of Goods/Services
(Description will be used in the contract)
Selection Method Multiple Quotes/Proposals RFP/RFQ Bid Individual Proposal Justification of reasonableness of
the Price ORJustification of price based on
multiple quotes received ORJustification of price based on another basis DESCRIBESubmitted by: ________________________________________________ Date _________________________ Deputy City Manager __________________________________________ Date _________________________ Administrative Services Approval _________________________________ Date _________________________ Required Documents
Description of any non-standard contract language that deviates from standard contracts. Administrative Services will determine if additional legal review is required.

The quotes, proposals or bid as described in the Selection Method section.

Purchasing/Contract Cover Sheet
Over $100,000
Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 6/16/2025
6/18/2025
6/18/2025
Item 7.5
No. Contractor Address Bid Amount

1. Bear Electrical Solutions, LLC. 1252 State Street $207,645.00 Alviso, CA 95002

SAN JOAQUIN COUNTY PUBLIC WORKS
Bid Opening Date: March 13, 2025

MOUNTAIN HOUSE PARKWAY TRAFFIC SIGNAL SYNCHRONIZATION,
FEDERAL AID PROJECT NO. CML-5929(315)
Engineer's Estimate: $218,182.00
(Mountain House Parkway between Byron Rd and Von Sosten Rd) Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 Item 7.5
SAN JOAQUIN COUNTY DEPARTMENT OF PUBLIC WORKS 10 SJ 0 CR County N/A 35 DIST CO RTE PM Agency Miles WD

ITEM NAME UNIT QUANTITY PRICE TOTAL PRICE TOTAL
Traffic Control LS 1 $10,000.00 $10,000.00 $3,345.00 $3,345.00 $3,345.00 Furnish & Install 8-Port Managed Ethernet Switch with Power over Ethernet EA 3 $8,000.00 $24,000.00 $9,000.00 $27,000.00 $9,000.00 Fiber Optic Cable LS 1 $6,182.00 $6,182.00 $6,000.00 $6,000.00 $6,000.00 Wireless Radio System EA 4 $16,000.00 $64,000.00 $11,000.00 $44,000.00 $5,500.00 Wireless Radio System at Town hall LS 1 $90,000.00 $90,000.00 $122,800.00 $122,800.00 $122,800.00 Fiber Distribution Unit EA 3 $8,000.00 $24,000.00 $1,500.00 $4,500.00 $1,500.00 BID TOTALS $218,182.00 $207,645.00 $207,645.00

AVERAGE

BID PRICE
Engineer's Estimate Bear Electrical Solutions,
LLC.
3 4
5 6
March 13, 2025
MOUNTAIN HOUSE PARKWAY TRAFFIC SIGNAL SYNCHRONIZATION, FEDERAL AID PROJECT NO. CML-5929(315) #232075 (Mountain House Parkway between Byron Rd and Von Sosten Rd) NO.
1 2
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DEPARTMENT OF PUBLIC WORKS

CITY OF MOUNTAIN HOUSE

STATE OF CALIFORNIA
PLANS
AND

SPECIFICATIONS
(INCLUDING SPECIAL PROVISIONS, NOTICE TO BIDDERS, BID AND CONTRACT)

FOR THE

MOUNTAIN HOUSE PARKWAY

TRAFFIC SIGNAL
SYNCHRONIZATION project
FEDERAL AID PROJECT NO. CML-5929 (315)
(Mountain House Parkway between Byron Rd and Von Sosten Rd) City of Mountain House
By________________________________
Steve Pinkerton
City Manager
Company Name:_____________________
Signature:__________________________
Title:___________________________
Date:__________________________
For use in connection with
California State Department of Transportation 2023 STANDARD SPECIFICATIONS 2023 STANDARD PLANS
LABOR SURCHARGE and EQUIPMENT RENTAL RATES, and
Most Recent Version of Mountain House Standard Specifications and Details DATED_________________ SUBMITTED_________________________

KOOSUN KIM, PE
Director of Public Works
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Federal Aid Project (02/24)

TABLE OF CONTENTS
PROJECT: MOUNTAIN HOUSE PARKWAY TRAFFIC

SIGNAL SYNCHRONIZATION PROJECT
Federal Aid Project No. CML-5929(315)
(Mountain House Parkway between Byron
Rd and Von Sosten Rd)

Page thru Page
NOTICE TO BIDDERS 1 3
SECTION 1 General
1-1.01 General
1-1.05 References
1-1.06 Abbreviations
1-1.07 Definitions
1-1.07B Glossary
1-1.08 Districts
1-1.11 Web Sites, Addresses, and Telephone
Numbers
1-1.12 Miscellany
1-1 1-3
SECTION 2 Bidding
2-1.04 Prebid Outreach Meeting
2-1.05 Conflict of Interest
2-1.06 Bid Documents
2-1.06A General
2-1.06B Supplemental Project Information
2-1.10 Subcontractor List
2-1.12 Disadvantaged Business Enterprises
2-1.12A General
2-1.12B Disadvantaged Business Enterprise
Goal
2-1.12B(1) General
2-1.12B(2) DBE Commitment Submittal
2-1.15 Disabled Veteran Business Enterprises
2-1.18 Small Business and Non-Small
Business Subcontractor Preferences
2-1.27 California Companies
2-1.31 Opt Out of Payment Adjustments for
Price Index Fluctuations
2-1.33 Bid Document Completion and
Submittal
2-1.33A General
2-1.33B Bid Form Submittal Schedules
2-1.33B(1) General
2-1.33B(2) Non-Informal-Bid Contract
(b)(ii)
2-1.34 Bidder's Security
2-1.37 Bid Submittal
Federal-Aid Bid Forms
2-1
B-1
2-4
B-18
SECTION 3 Contract Award and Execution 3-1 3-3
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Federal Aid Project (02/24)
TABLE OF CONTENTS (Continued)
Page thru Page
3-1.02 Consideration of Bids
3-1.02A General
3-1.02B Tied Bids
3-1.04 Contract Award
3-1.05 Contract Bonds
3-1.07 Insurance Policies
3-1.08 Small Business Participation Report
3-1.11 Payee Data Record
3-1.18 Contract Execution
3-1.19 Bidders' Securities
Contractor Agreement
Performance Bond
C-1
PB-1
C-17
PB-2
SECTION 4 Scope of Work
4-1.06 Differing Site Conditions (23 CFR
635.109)
4-1.06B Contractorís Notification
4-1.06C Engineerís Investigation and Decision
4-1.13 Cleanup
4-1 4-1
SECTION 5 Control of Work
5-1.01 General
5-1.02 Contract Components
5-1.09 Partnering
5-1.09A General
5-1.13 Subcontracting
5-1.13B(1) General
5-1.13B(2) Disadvantaged Business Enterprises
5-1.13C Disabled Veteran Business Enterprises
5-1.13D Non-Small Businesses
5-1.20 Coordination with Other Entities
5-1.20B Permits, Licenses, Agreements, and
Certifications
5-1.20B(1) General
5-1.27 Records
5-1.27E Change Order Bills
5-1.30 Noncompliant and Unauthorized Work
5-1.32 Areas of Use
5-1.39 Damage Repair and Restoration
5-1.39C Landscape Damage
5-1.43 Potential Claims and Dispute
Resolution
5-1.43A General
5-1.43D Full and Final Potential Claim Record
5-1.43E Construction Claim Procedure
5-1.43E(1) Dispute Resolution
5-1 5-5
SECTION 6 Control of Materials 6-1 6-1
SECTION 7 Legal Relations and Responsibility to the Public 7-1.02 Laws
7-1 7-2
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Federal Aid Project (02/24)
TABLE OF CONTENTS (Continued)
Page thru Page
7-1.02K Labor Code
7-1.02K(2) Wages
7-1.02K(3) Certified Payroll Records (Labor Code
1776)
7-1.02K(4) Apprentices
7-1.02K(5) Working Hours
7-1.02K(6) Occupational Safety and Health
Standards
7-1.02K(6) Lead Compliance Plan
(j)(ii)
7-1.02M Public Resources Code
7-1.02M(2) Fire Protection
7-1.06 Insurance
7-1.11 Federal Laws for Federal-Aid Contracts
7-1.11A General
7-1.11B FHWA-1273
FWHA-1273 Form
Exhibit 9-F Form
Exhibit 12-G Form
Exhibit 17-F Form
Exhibit 17-O Form
D-1
D-15
D-17
D-38
D-40
D-14
D-16
D-37
D-39
D-41
SECTION 8 Prosecution and Progress
8-1.04 Start of Job Site Activities
8-1.04B Standard Start
8-1.05 Time
8-1.10A General
8-1 8-1
SECTION 9 Payment
9-1.02 Measurement
9-1.02C Final Pay Item Quantities
9-1.03 Payment Scope
9-1.06 Changed Quantity Payment
Adjustments
9-1.07 Payment Adjustment for Price Index
Fluctuations
9-1.16 Progress Payments
9-1.16A General
9-1.16F Retentions
9-1 9-1
SECTION 10 General
10-1.02 Work Sequencing
10-1.02B Traffic Elements
10-1.02E Excavation
10-3.01 Ethernet Switch
10-3.02 Fiber Optic Cable
10-3.03 Wireless Radio System
10-3.04 Tactics Computer Software
10-3.05 Existing Traffic Signal Controller
10-3.06 Fiber Distribution Unit
10-4 Water Usage
10-1 10-6
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Federal Aid Project (02/24)
TABLE OF CONTENTS (Continued)
Page thru Page
10-5 Dust Control
10-6 Watering
SECTION 11 Quality Control and Assurance 11-1 11-1
SECTION 12B Temporary Traffic Control SP-1 SP-2
SECTION 13A Water Pollution Control SP-3 SP-3
SECTION 14A Environmental Stewardship SP-4 SP-4
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NOTICE TO BIDDERS (02/24)
Federal Aid Project
1 CITY OF MOUNTAIN HOUSE

DEPARTMENT OF PUBLIC WORKS

NOTICE TO BIDDERS
In accordance with the plans and specifications therefor, the City of Mountain House, County of San Joaquin provides the following notice for the Mountain House Parkway Traffic Signal Synchronization Project, Federal Aid Project No. CML-5929(315).

Bids will be received electronically by the San Joaquin County Department of Public Works (Department) via the BidExpress website (www.bidexpress.com), until 1:30 p.m. on the 13th day of March 2025. The Department will open and publicly read the bids at the Department's office and via webcast at www.youtube.com/channel/UC6cc1m_5WvN283Ix6DV_GZA, immediately after the specified closing time for the above-mentioned project.

The work is located at several intersection along Mountain House Parkway including the Town Hall in Mountain House, California.

The work, in general, consists of installation of wireless radio system, fiber optic cables, and the traffic control system for Mountain House Parkway.

To bid, all bidders must be registered and create a Digital ID with Bid Express, found at www.bidexpress.com. The bid forms found at that website may only be used to submit an electronic bid. Paper bids will not be accepted. Please allow at least five (5) business days to complete the electronic bidding registration process for the first time. It is highly recommended that a Digital ID be active 48 hours in advance of submitting an electronic bid. All costs associated with obtaining a Digital ID and submitting a bid using Bid Express is the sole responsibility of the bidder.

The specifications and plans (Contract Documents) will be available at www.bidexpress.com. Any addenda issued for this project will also be available at this website. A link to the Bid Express Solicitation Page can be obtained at www.bidexpress.com/businesses/23724/home?agency=true Only one bid per bidder will be accepted.

Bids are required for the entire work described herein and project Plans and Specifications.

A bid security of 10% is required from all bidders. The bid security must be in the form of cash, certified or cashier’s check, or a bid bond in favor of the City of Mountain House. Bid Security other than electronic bond must be received by the Department prior to the bid opening closing time specified above at 1810 E. Hazelton Avenue, Stockton, CA 95201. A payment bond and a performance bond each 100% of the value of the contract are required from the successful bidder.

The Contractor must possess a Class A or C-10 license at the time this contract is awarded.

Bidders are advised that, as required by Federal law, the County of San Joaquin is implementing Disadvantaged Business Enterprise requirements for all Disadvantaged Business Enterprises (DBE). Section 2, "Bidding," under subsection 2-1.12 titled "Disadvantaged Business Enterprises" and Section 5, "Control of Work," under subsection 5-1.13B titled "Disadvantaged Business Enterprises" cover the DBE requirements. However, the construction contract will be between the City of Mountain House and the awarded Contractor.

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NOTICE TO BIDDERS (02/24)
Federal Aid Project
2 The DBE Contract goal is 14 percent.

A remote pre-bid meeting (non-mandatory) for this project is scheduled for the 4 th day of March
2025, at 10:30 a.m. The purpose of the meeting is to inform bidders of project requirements and subcontractors of subcontracting and material supply opportunities. Bidders can join the nonmandatory meeting via a County-hosted conference call via Microsoft Teams Meeting link at https://tinyurl.com/SJC-PREBID or dialing 1-209-645-4071 (Enter Conference ID: 743 118 613#). All pre-bid handout items are available on www.bidexpress.com.

A non-mandatory site visit for potential bidders will be scheduled for Thursday, February 27, 2025, at 10:00 AM. City staff will meet all interested bidders in the Town Hall lobby. This visit will provide an opportunity to review the project site.

Inquiries or questions based on alleged patent ambiguity of the plans, specifications or estimate must be communicated as a bidder inquiry prior to bid opening. Any such inquiries or questions, submitted after bid opening, will not be treated as a bid protest.

Submit all bidder inquires directly through the Department’s solicitation page under the section titled “Q&A.” All responses to bidder inquires and addenda will be available at www.bidexpress.com. It is each bidder’s responsibility to check the website for these documents.

This project is subject to the "Buy America" provisions of the Surface Transportation Assistance Act of 1982 as amended by the Intermodal Surface Transportation Efficiency Act of 1991.

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NOTICE TO BIDDERS (02/24)
Federal Aid Project
3 BID ITEM LIST
PROJECT: Mountain House Parkway Traffic Signal Synchronization Project, Federal Aid Project No. CML-5929(315).
(Mountain House Parkway between Byron Rd and Von Sosten Rd) ITEM
NO. ITEM NAME

UNIT OF

MEASURE

ESTIMATED

QUANTITY
1 Traffic Control LS 1
2 Furnish and Install 8-Port Managed Ethernet
Switch with Power Over Ethernet
EA 3
3 Fiber Optic Cable LS 1
4 Wireless Radio System EA 4
5 Wireless Radio System at Town Hall LS 1
6 Fiber Distribution Unit EA 3
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NOTICE TO BIDDERS (02/24)
Federal Aid Project
4 A contractor or subcontractor will not be qualified to bid on, be listed in a bid, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

The City of Mountain House hereby notifies all Bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex or national origin in consideration for an award. This contract is subject to State contract nondiscrimination and compliance requirements pursuant to Government Code, Section 12990. The contractor, sub-recipient, or subcontractor must comply with federal nondiscrimination requirements pursuant to Section 49 CFR 26.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the County in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project are available from the California Department of Industrial Relations' Internet web site at http://www.dir.ca.gov/oprl/DPreWageDetermination.htm. The Federal minimum wage rates for this project as predetermined by the United States Secretary of Labor are available from the Department of Labor's internet web site at https://sam.gov/wage-determinations. Addenda to modify the Federal minimum wage rates, if necessary, will be issued to holders of "Bid and Contract" books. Future effective general prevailing wage rates, which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates.

Attention is directed to the Federal minimum wage requirements in Section 7-1.02K(2),”Wages,” of this book. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors will pay not less than the higher wage rate. The Department will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors will pay not less than the Federal minimum wage rate which most closely approximates the duties of the employees in question.

The U.S. Department of Transportation (DOT) provides a toll-free hotline 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 Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 Item 7.5
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Section 1 ñ General (02/24)
Federal Aid Project
1-1

CITY OF MOUNTAIN HOUSE

DEPARTMENT OF PUBLIC WORKS
1 GENERAL
Section 1-1.01, "GENERAL," add the following:

The work embraced herein must be done in accordance with the latest version of the City of Mountain House Standard Specifications and Details, California Department of Transportation Standard Specifications dated 2023, hereinafter referred to as the Standard Specifications, and the California Department of Transportation Standard Plans dated 2023, hereinafter referred to as the Standard Plans, insofar as the same may apply and in accordance with the following special provisions.

In case of conflict between the Standard Specifications and these special provisions, the special provisions must take precedence over and be used in lieu of such conflicting portions.

Revised Standard Specifications set forth in these special provisions must be considered as part of the Standard Specifications for the purposes set forth in Section 5-1.02, "Contract Components.î
Section 1-1.05, "REFERENCES," add the following:

Where in the Standard Specifications, special provisions, Notice to Bidders, bid, contract or other contract documents the following terms are used; the intent and meaning must be interpreted as follows:

City ....................................................................................City of Mountain House Attorney General ...............................................................City Counsel County...............................................................................County of San Joaquin Department ......................................................................County of San Joaquin Engineer............................................................................Director of Public Works, acting either directly or through properly authorized
agent and consultants
Section 1-1.06, "ABBREVIATIONS," add the following:

ASTM American Society for Testing Materials
CFR Code of Regulations
CONT Contract
NTP Notice to Proceed
QA Quality Assurance
QC Quality Control
Section 1-1.07, "DEFINITIONS,"
Section 1-1.07B, "GLOSSARY," revise, add or use the definitions of this section with the following:

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Section 1 ñ General (02/24)
Federal Aid Project
1-2
Bid Item List: List of bid items and the associated quantities. The verified Bid Item List with verified prices. The Contract Proposal of Low Bidder is the verified Bid Item List. After Contract award, interpret reference to the Bid Item List as a reference to the verified Bid Item List.

City Council: City Council of Mountain House
California Test: Caltrans-developed test for determining work quality. For California Tests, go to the METS website.

Caltrans: California Department of Transportation as defined in the State & Highway Code Section 20 and authorized in State & Highway Code Section 90, and its authorized representatives.

Contract Documents: The Contract Documents consist of: Notice to Bidders, the prevailing rate of per diem wage rates as determined by the California Department of Industrial Relations, the accepted Bid, including, Bid Item List, Non-Collusion Affidavit, Equal Employment Opportunity Certification, Subcontractor List, Bidderís List of subcontractor (DBE and Non-DBE), Construction Contract DBE Commitment (Exhibit 15-G), Proposer/Contractor Good Faith Efforts (Exhibit 15-H), Bidder's List of Subcontractor (DBE and Non-DBE) (Exhibit 12-B), Bidder DBE Trucking Information Form, Form FHWA -1273, Bid Security or Bid Bond, this Contract Agreement, Workers Compensation Certificate, Performance Bond, Labor and Materials Bond, Notice of Award, Notice of Completion, Special Provisions, California 2023 Standard Specifications, California Labor Surcharge and Equipment Rental Rates, Plans, any issued Addenda, Change Orders, and any other applicable documents not listed including modifications incorporated in these documents.

County: County of San Joaquin, a political subdivision of the State of California.

Engineer or Office Engineer: City Director of Public Works, acting either directly or through properly authorized agents, and such agents acting within the scope of the particular duties delegated to them.

Improvement Standards: Current version of the Standards Specifications and Details of the City of Mountain House.

Notice to Contractors: References to Notice to Contractors or Notice to Bidders are the same documents.

Submittal: When a submittal is identified to be made to METS or to OSD, submit the items to the Engineer unless otherwise directed.

Section 1-1.08, "DISTRICTS," delete.

Section 1-1.11, "WEB SITES, ADDRESSES, AND TELEPHONE NUMBERS," replace as follows:

Reference or agency
or department unit
Web site Address Telephone no.

Authorized
Laboratory Lists
Authorized Material
Lists Authorized
Material Source Lists
http://www.dot.ca
.gov/hq/esc/appr
oved_products_li
st
- --
Publication
Distribution Unit
-- PUBLICATION UNIT DEPARTMENT OF
TRANSPORTATION 1900 ROYAL OAKS
DRIVE SACRAMENTO CA 95815-3800
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Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 Item 7.5
Section 1 ñ General (02/24)
Federal Aid Project
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Section 1-1.12, "MISCELLANY," replace as follows:

Make checks and bonds payable to City of Mountain House.

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2 BIDDING
Section 2-1.04, "PREBID OUTREACH MEETING," replace section with the following:

Prebid meeting information is shown on the Notice to Bidders Replace ì2.1.05 RESERVEDî with:
2-1.05 CONFLICT OF INTEREST
In conformance with Public Contract Code Section 7106, a Noncollusion Affidavit is included in the bid documents. Signing the bid shall also constitute signature of the Noncollusion Affidavit.

Section 2-1.06, ìBID DOCUMENTSî
Section 2-1.06A, "GENERAL," replace section with the following:

The Standard Specifications and Standard Plans may be viewed at the Caltransí Office of Construction Contract Awards website.

Bids and copies of the Plans and Specifications will be available at the Department of Public Worksí Solicitation Page at Bid Express, found at www.bidexpress.com/businesses/23724/home?agency=true.

The ìSpecificationsî includes the special provisions, Notice to Bidders, bid and contract.

Section 2-1.06B, "SUPPLEMENTAL PROJECT INFORMATION," replace Paragraph 3 through 7 with the following:

Supplemental Project Information, if any, will be available at www.bidexpress.com.

Section 2-1.10, ìSUBCONTRACTOR LIST,î replace Paragraph 2 with the following:

4. Portion of work it will perform. Show the portion of the work by:

4.1 Bid Item Number(s) for the subcontracted work

4.2 Description of subcontracted work

4.3 Dollar amount of subcontracted work
Section 2-1.12, ìDISADVANTAGED BUSINESS ENTERPRISESî
Section 2-1.12A, ìGENERAL,î replace paragraph 2 with the following:

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;
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(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-responsible.

Section 2-1.12A, ìGENERAL,î add after paragraph 3:

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 Department 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 contractorís responsibility to verify that the DBE firm is certified as DBE at date of bid opening and document the record by printing out the California Unified Certification Program (CUCP) data for each DBE firm. A list of DBEs certified by the CUCP can be found at https://dot.ca.gov/programs/civil-rights/dbe-search.

Section 2-1.12B, ìDISADVANTAGED BUSINESS ENTERPRISE GOALî Section 2-1.12B(1), ìGENERAL,î replace paragraphs 7 through 9 with:

All DBE participation will count toward the California Department of Transportationís 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:

1. 100 percent counts if the materials or supplies are obtained from a DBE manufacturer.

2. 60 percent counts if the materials or supplies are obtained from a DBE regular dealer.

3. 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 meeting 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 Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 Item 7.5
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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. [49 CFR

26.55(d)]
Section 2-1.12B(2), ìDBE COMMITMENT SUBMITTAL,î replace paragraph 4 with:

Submit:
• Construction Contract DBE Commitment (Exhibit 15-G);
• DBE Confirmation (Exhibit 9-I);
• Proposer/Contractor Good Faith Efforts (Exhibit 15-H); and • Bidder's List of Subcontractor (DBE and Non-DBE) (Exhibit 12-B); and, • Bidder DBE Trucking Information Form
DBE Commitment may be submitted with the bid, using Bid Express at www.bidexpress.com, on or before the date and closing time specified in the Notice to Bidders.

The bidder shall complete and sign Exhibit 15-G 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. LAPM Exhibit 9-I: DBE Confirmation or equivalent form and DBEís quote must be submitted with DBE Commitment documents.

If DBE Commitment is not submitted with the bid, all bidders must complete and submit the DBE paper documents to the San Joaquin County Department of Public Works within 5 calendar days after the bid opening. If the bidder does not submit the DBE Commitment form within the specified time, the Department will find the bidderís bid nonresponsive.

Section 2-1.15, "DISABLED VETERAN BUSINESS ENTERPRISES", delete.

Section 2-1.18, "SMALL BUSINESS AND NON-SMALL BUSINESS SUBCONTRACTOR PREFERENCES," delete.

Section 2-1.27, "CALIFORNIA COMPANIES," delete.

Section 2-1.31, "OPT OUT OF PAYMENT ADJUSTMENTS FOR PRICE INDEX FLUCTUATIONS," delete:
2-1.33 BID DOCUMENT COMPLETION AND SUBMITTAL
Section 2-1.33A, "GENERAL," replace with the following:
.

Complete and submit the bids electronically under the Department of Public Worksí Solicitation Page at the BidExpress website, found at
www.bidexpress.com/businesses/23724/home?agency=true.

To bid electronically, all bidders must be registered and create a Digital ID with Bid Express. Please allow at least five (5) business days to complete the electronic bidding registration process for the first time. It is highly recommended that a Digital ID be active 48 hours Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 Item 7.5
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in advance of submitting an electronic bid.

Your authorized digital signature is your confirmation of and agreement to all certifications and statements contained in the Bid. On forms and certifications that you submit through the electronic bidding service, you agree that each form and certification where a signature is required is deemed as having your signature.

Failure to submit the forms and information as specified may result in a nonresponsive bid.
2-1.33B Bid Form Submittal Schedules
2-1.33B(1) General, replace sentence 1 of paragraph 1 with:

Bid forms are included in the advertised project Plans and Specifications and are specific to this contract. 2-1.33B(2)(b)(ii) Bid Form Submittal, replace the table titled ìBid Form Submittal Schedule for a Federal-Aid Contract with a DBE Goalî with:

Bid Form Submittal Schedule for a
Federal-Aid Contract with a DBE Goal
Form Submittal deadline
Bid to the Department Time of bid
DBE Commitment Submittal
No later than 4 p.m. on the 5th calendar day
after bid opening
Section 2-1.34, "BIDDERíS SECURITY," replace with the following:

All bids must be accompanied by cash, a certified check, cashier's check, or bid bond of a corporate surety made payable to the City of Mountain House, for a sum of at least 10 percent of the amount of bid.

A hard copy bid bond must be signed by both principal and surety with each signature acknowledged before a notary public. The bid bond must also contain the project name and the name, address and telephone number of the local agent of the surety bonding insurance company. Such guarantees must be forfeited to said City should the bidder to whom the contract is awarded fails to enter into a contract.

Bid security must be received by the San Joaquin County Department of Public Works prior to the bid opening date and closing time specified in the Notice to Bidders. The envelope containing Bid Security should be clearly marked on the outside with ìBID DOCUMENTS FOR MOUNTAIN HOUSE PARKWAY TRAFFIC SIGNAL SYNCHRONIZATION PROJECTî.

Section 2-1.37, replace with the following:
2-1.37 BID SUBMITTAL
All bids must be submitted electronically using Bid Express, www.bidexpress.com, on or before the date and closing time specified in the "Notice to Bidders."
No bid must be valid unless signed by the person making the bid. If the party is an individual, the name must be signed by the individual; if the party is a partnership, the name of the partnership must be given and signed by one of the partners; if the name is a corporation, the bid should be signed by the Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 Item 7.5
Section 2 ñ Bidding (02/24)
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corporation's properly authorized officer or officers. The person signing the bid must also be registered to the Digital ID that submits the bid through the electronic bidding service.

Only one bid per bidder will be accepted.

Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 Item 7.5
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BID TO THE CITY COUNCIL

CITY OF MOUNTAIN HOUSE
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TO THE CITY COUNCIL:

This bid is submitted for the Mountain House Parkway Traffic Signal Synchronization Project, Federal Aid Project No. CML-5929(315). All work for which this bid is submitted will be in accordance with the special provisions (including the payment of not less than the State general prevailing wage rates or the Federal minimum wage rates set forth herein), the project plans, including any addenda thereto, the contract annexed hereto, and in accordance with the State of California Department of Transportation Standard Plans, dated 2023, the Standard Specifications, dated 2023, and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished.

The undersigned declares that the only persons or parties interested in this bid as principals are those named herein; that this bid is made without collusion with any other person, firm or corporation. Undersigned further declares that he has carefully examined the location of the proposed work, the bid schedule of contract, and the plans and specifications therefor. If this bid is accepted, he will enter into a written contract with the City of Mountain House, in the form of the contract contained in the Specifications for the project within ten (10) days after being requested to do so, and will provide all necessary bonds and insurance for the Mountain House Parkway Traffic Signal Synchronization Project, Federal Aid Project No. CML-5929(315), in accordance with the plans and specifications therefor, and that he will take in full payment therefor the following unit prices, to wit:

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BID SCHEDULE
Mountain House Parkway Traffic Signal Synchronization Project, Federal Aid Project No. CML-5929(315)
ITEM
NO. ITEM NAME UNIT OF MEASURE

ESTIMATED

QUANTITY

UNIT PRICE
(in Figures)
TOTAL
(in Figures)
1 Traffic Control LS 1
2 Furnish & Install 8-Port Managed
Ethernet Switch With Power Over
Ethernet
EA 3
3 Fiber Optic Cable LS 1
4 Wireless Radio System EA 4
5 Wireless Radio System at
Town Hall LS 1
6 Fiber Distribution Unit EA 3
Total (Item 1 through 6):

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PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In accordance with Public Contract Code Section 10162, the Bidder must complete, under penalty of perjury, the following questionnaire:

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

PUBLIC CONTRACT CODE SECTION 10232 STATEMENT
In accordance with Public Contract Code Section 10232, the Bidder hereby states, under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Bidder within the immediately preceding two year period because of the Bidder's failure to comply with an order of a federal court which orders the Bidder to comply with an order of the National Labor Relations Board.

Note: The above Statement and Questionnaire are part of the Bid. Signing this Bid on the signature portion thereof must also constitute signature of this Statement and Questionnaire.

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

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

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

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

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

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

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

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

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

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Non-Lobbying
Certification for Federal Aid Contracts
The prospective participant certifies, by signing and submitting this bid, to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned must complete and submit Standard FormLLL, "Disclosure of Lobbying Activities," in accordance with its instructions.

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

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

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Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities
EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352

1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year ____ quarter _________
f. loan insurance date of last report __________

4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:

Prime Subawardee
Tier _______ , if known
Congressional District, if known Congressional District, if known

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable ____________________

8. Federal Action Number, if known: 9. Award Amount, if known:

10. Name and Address of Lobby Entity 11. Individuals Performing Services (If individual, last name, first name, MI) (including address if different from No. 10) (last name, first name, MI)
(attach Continuation Sheet(s) if necessary)

12. Amount of Payment (check all that apply) 14. Type of Payment (check all that apply) $ _____________ actual planned a. retainer
b. one-time fee

13. Form of Payment (check all that apply): c. commission a. cash d. contingent fee
b. in-kind; specify: nature _______________ e deferred
Value _____________ f. other, specify _________________________

15. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:
(attach Continuation Sheet(s) if necessary)

16. Continuation Sheet(s) attached: Yes No

17. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature: ________________________________________
Print Name: _______________________________________
Title: ____________________________________________
Telephone No.: ____________________ Date:___________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Standard Form LLL Rev. 04-28-06
Distribution: Orig- Local Agency Project Files

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Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 Item 7.5
Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities
INSTRUCTIONS FOR COMPLETING EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352.

The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered federal action for which lobbying activity is or has been secured to influence, the outcome of a covered federal action.

2. Identify the status of the covered federal action.

3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action.

4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to:
subcontracts, subgrants, and contract awards under grants.

5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state, and zip code of the prime federal recipient. Include Congressional District, if known.

6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.

8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001."

9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.

10. Enter the full name, address, city, state, and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to influence the covered federal action.

11. Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml).

12. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the lobbying entity (Item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.

13. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.

14. Check all boxes that apply. If other, specify nature.

15. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted.

16. Check whether or not a continuation sheet(s) is attached.

17. The certifying official shall sign and date the form, and print his/her name title and telephone number.

Public reporting burden for this collection of information is estimated to average 30-minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SFLLL-Instructions Rev. 06-04

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

Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided.

The above Statement is part of the Bid. Signing this Bid on the signature portion thereof must also constitute signature of this Statement.

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

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(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL

WILL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE

CERTIFICATIONS WHICH ARE A PART OF THIS BID)

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder___________________________________________________, proposed subcontractor ______________________________, hereby certifies that he has_____, has not___, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former Presidentís Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.

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

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

Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 Item 7.5
Federal Bid (05/23)

SUBCONTRACTOR LIST
In accordance with the “Subletting and Subcontracting Fair Practices Act” (Public Contract Code Sections 4100-4114, inclusive) each bidder in their Bid must provide the information requested below on each subcontractor that will perform work or labor or render service for the bidder in excess of one-half of one percent of the total bid or $10,000, whichever is greater. (If a subcontractor will perform multiple items of work, list each item individually and include required information. Submit additional sheets, if necessary. Example:)
Contractor License #123456
DIR Registration #: 1000000001
Company: Striping Subcontractor, Inc.

Address: 123 Main Street, Anywhere, CA
Email Address: [email protected]
16 4” Paint Traffic Stripe (1-Coat) $11,875
17 8” Paint Traffic Stripe (1-Coat) $700
18 Paint Pavement Markings (1-Coat) $7,200
Bidding Firm Name:
(SPECS\2018\FED-B-11\5.11.23) B-11

SUBCONTRACTOR INFORMATION

BID ITEM

NUMBER(S)

DESCRIPTION

OF WORK
DOLLAR
AMOUNT
Contractor License #:
*DIR Registration #:

Company:

Address:

Email Address:

Contractor License #
DIR Registration #:

Company:

Address:

Email Address:

Contractor License #:

DIR Registration #:

Company:

Address:

Email Address:

Contractor License #
DIR Registration #:

Company:

Address:

Email Address:
* Department of Industrial Relations Registration number Section 2 – Bidding (02/24) Federal Aid Project
Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 Item 7.5
Section 2 ñ Bidding (02/24)
Federal Aid Project
B-12a
Accompanying this bid is
(Cash, Cashier's Check, Certified Check, electronic bond (eBond) or Bidderís Bond)
in an amount equal to at least ten percent (10%) of the total bid, made payable to the City of Mountain House. If the bid is accepted, said guaranty must be retained by said City until the required contract and bonds are executed, or forfeited to said City if said contract and bonds be not executed.

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

If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all individual copartners composing firm; if bidder of interested person is an individual, state first and last names in full. No bid shall be valid unless signed and electronically submitted by the person making the bid.
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ By my signature on this bid I certify, under penalty of perjury under the laws of the State of California, that the Business and Professions Code Section 7028.15 representations, foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). By my signature of this bid I further certify, under penalty of perjury under the laws of the State of California and the United States of America, that the Noncollusion Affidavit required by Title 23 United States Code, Section 112 and Public Contract Code Section 7106; and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true and correct.

Date:_________________________ Firm Name:__________________________ Signature of Bidder:________________________ Title:__________________________ Print Bidder's Name:______________________ Email:__________________________ Business P.O. Box:_______________________________________________________ City, State, Zip:__________________________________________________________ Business Street Address:__________________________________________________ (Please include even if P.O Box used)
City, State, Zip:__________________________________________________________ Telephone No.: ( ) _________________ FAX No.: ( ) ________________________ Contractor's License No.: ______________ Expiration Date:______________________ License Classification(s):__________________________________________________ Department of Industrial Relations Registration No.: _____________________________ Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 Item 7.5

Local Assistance Procedures Manual Exhibit 15-G
Construction Contract DBE Commitment
Exhibit 15-G: Construction Contract DBE Commitment

1. Local Agency: 2. Contract DBE Goal:

3. Project Description:

4. Project Location:

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

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

10. Bid
Item
Number

11. Description of Work, Service, or
Materials Supplied

12. NAICS or
Work
Category
Codes

13. DBE
Certification
Number

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

15. DBE
Dollar
Amount
Local Agency to Complete this Section upon Execution of Award 16. TOTAL CLAIMED DBE PARTICIPATION

22. Local Agency Contract Number:

23. Federal-Aid Project Number:

24. Bid Opening Date: %

25. Contract Award Date:

IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed above must be consistent, where applicable with the names and items of the work in the "Subcontractor List" submitted with your bid. Written confirmation of each listed DBE is required.

26. Award Amount:

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

27. Local Agency Representative’s Signature 28. Date

29. Local Agency Representative’s Name 30. Phone

31. Local Agency Representative’s Title

17. Preparer’s Signature 18. Date

19. Preparer’s Name 20. Phone

21. Preparer’s Title
DISTRIBUTION: 1. Original – Local Agency

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

3. Include additional copy with award package.

January 2023
B-12b-1 $ 0.00 0.00
Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 Item 7.5

Local Assistance Procedures Manual Exhibit 15-G
Construction Contract DBE Commitment
INSTRUCTIONS – CONSTRUCTION CONTRACT DBE COMMITMENT

CONTRACTOR SECTION

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

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

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

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

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

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

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

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

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

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

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

11. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime contractor’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.

12. NAICS or Work Category Codes - Enter NAICS or Work Category Codes from the California Unified Certification Program database.

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

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

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

15. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided.

Include the prime contractor if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.

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

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

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

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

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

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

LOCAL AGENCY SECTION

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

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

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

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

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

27. Local Agency Representative’s Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Contractor Section of this form is complete and accurate.

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

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

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

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

January 2023
B-12b-2
Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 Item 7.5
B-12b-3
Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 Item 7.5

Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
EXHIBIT 15-H: PROPOSER/CONTRACTOR GOOD FAITH EFFORTS
Cost Proposal Due Date ___________________ PE/CE
Federal-aid Project No(s). _____________________ Bid Opening Date ___________________ CON The established a Disadvantaged Business Enterprise (DBE) goal of ______ for this contract. The information provided herein shows the required good faith efforts to meet or exceed the DBE contract goal.

Proposers or bidders submit the following information to document their good faith efforts within five (5) calendar days from cost proposal due date or bid opening. Proposers and bidders are recommended to submit the following information even if the Exhibit 10-O1: Consultant Proposal DBE Commitments or Exhibit 15-G:

Construction Contract DBE Commitment indicate that the proposer or bidder has met the DBE goal. This form protects the proposer’s or bidder’s eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error.

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

A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication):

Publications Dates of Advertisement
B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.):

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

May 2020
B-12b-4 0.00%
Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 Item 7.5

Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
C. The items of work made available to DBE firms including those unbundled contract work items into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation in order to meet or exceed the DBE contract goal.

Items of Proposer or Bidder Breakdown of Amount Percentage Work Normally Performs Item Items ($) Of
(Y/N) Contract
D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE:

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

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

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

May 2020
B-12b-5 Pick
Yes

0.00% Pick 0.00%
Yes

0.00% Pick
Yes

0.00% Pick
Yes
Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 Item 7.5

Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
F. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining bonding, lines of credit or insurance, necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate:

G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.):

Name of Agency/Organization Method/Date of Contact Results H. Any additional data to support a demonstration of good faith efforts:

May 2020
B-12b-6
Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 Item 7.5

Amount
Subcontracted DIR Reg Number

A
A
A
A
A
A
A
A

I
I
I
I
I
I
I
I
I
Local Assistance Procedures Manual Exhibit 12-B
Bidder’s List of Subcontractors (DBE and Non-DBE)
Exhibit 12-B: Bidder’s List of Subcontractor (DBE and Non-DBE) - Part 1 As of March 1, 2015 Contractors (and sub-contractors) wishing to bid on public works contracts must be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at https://www.dir.ca.gov/Public-Works/ContractorRegistration.html. The local agency will verify registration of all contractors and subcontractors on public works projects at bid and thereafter annually to assure that yearly registration is maintained throughout the life of the project.

In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required for each sub-contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total Base Bid or $10,000 (whichever is greater).

FEDERAL PROJECT NUMBER:

Photocopy this form for additional firms.

Subcontractor Name & Location Line Item & Description Subcontract Percentage of Bid Item
Contractor License Number DBE
(Y/N) DBE Cert Number Annual Gross Receipts
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
ge of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
ge of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
ge of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
ge of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
ge of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
ge of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
ge of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
ge of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
Age of Firm in
years
Distribution – Original: Local Agency File; Copy: DLAE w/Award Package

B-12c-1
September 2021
Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 Item 7.5

Ag
Ag
Ag
Ag
Ag
Ag
Ag
Ag

I
I
I
I
I
I
I
I
I
Local Assistance Procedures Manual Exhibit 12-B
Bidder’s List of Subcontractors (DBE and Non-DBE)
Exhibit 12-B: Bidder’s List of Subcontractor (DBE and Non-DBE) - Part 2 In accordance with Title 49, Section 26 of the Code of Federal Regulations, the Bidder shall list all subcontractors who provided a quote or bid but were not selected to participate as a subcontractor on this project.

FEDERAL PROJECT NUMBER:

Photocopy this form for additional firms.

Subcontractor Name & Location Line Item & Description Subcontract Amount
Percentage of
Bid Item
Subcontracted
Contractor License Number DBE
(Y/N) DBE Cert Number Annual Gross Receipts
DIR Reg Number
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
Age of Firm in
years
Distribution – Original: Local Agency File; Copy: DLAE w/Award Package

B-12c-2
September 2021
Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 Item 7.5
Federal Bid
(05/23)

BIDDER DBE TRUCKING INFORMATION FORM
Project Name:_______________________ Bidder's Name:________________________ __________________________________ Bidders are required to submit this Form with Exhibit 15-G & 12-B
only if there is a DBE Trucking
commitment
____________________________________

DBE TRUCKING INFORMATION YES NO

1. Is the subcontractor(s) listed for DBE Trucking
performing 100% of DBE committed work?
Provide list of available fleet1 and number of drivers.

If Not 100%, Answer 2.

2. Are all other trucking subcontractors Certified DBE
Contractors?
List all other subcontractors below. Note if subcontractor is a Certified DBE.

Contractor intends to secure trucking from the following sources2: (Please Describe) _____________________________________________________________________________________________________ _____________________________________________________________________________________________________ 1 List Type of Vehicle, Vehicle Number, and California Highway Patrol CA Number 2 Contractor's attention is directed to Title 49 CFR 26.55(d) By my signature on this form I certify, that the information on this form is true and correct. _____________________________ _______________________ _____________________________ Signature of Bidder Date (Area Code) Telephone Number
B-12
d (SPECS\2018\FED-B-12d\5.11.23)
Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 Item 7.5
Section 3 ñ Contract Award and Execution (02/24)
Federal Aid Project
3-1
3 CONTRACT AWARD AND EXECUTION
Section 3-1.02 CONSIDERATION OF BIDS
Section 3-1.02A General, add:

When more than one schedule of work to be performed is included, the lowest bid will be the lowest total of the bid prices on the Base Contract and those schedules taken in the order they appear in the bid and added to the Base Contract that are less or equal to a funding amount read publicly prior to the opening of bids. If no bids are less than the stated amount, the lowest bid will be the lowest cost base bid submitted.

A responsive, responsible bidder who submitted the lowest bid as determined by this section will be awarded the contract, if it is awarded. This section does not preclude the local agency from adding or deduction from the contract any of the schedules after the lowest responsible bidder has been determined.

Section 3-1.02B Tied Bids, replace section with:

In the extent that two or more bids are the same and the lowest, the City awards the contract to the bidder with greater DBE participation.

Section 3-1.04, "CONTRACT AWARD," replace with the following:

Bid protests are to be delivered to the following address: 251 E. Main Street Mountain House, CA 95391.

The award of the contract, if it be awarded, will be to the lowest responsive, responsible bidder whose bid complies with all the requirements prescribed. The award must be made within 60 days after bid opening. The Department may extend the award period if the bidder agrees.

Section 3-1.05, ìCONTRACT BONDS,î replace with the following:

A performance bond of one hundred percent (100%) of the contract price will be required of the successful bidder to guarantee the faithful performance of said contract. In addition, a separate "Labor and Materials" surety bond of one hundred percent (100%) per the requirements of Section 3247-3252, inclusive of the Civil Code of the State of California, is required. A sample of the required Performance Bond verbiage has been provided with the Contract Forms.

Section 3-1.07, ìINSURANCE POLICIES,î replace with the following:

The Contractor and subcontractors will be required to obtain all insurance required under this paragraph and no work will be allowed until such insurance has been approved by the City.

Copies of insurance certificates evidencing the required coverage must be furnished to the City.

Certificates of insurance must indicate that the coverage cannot be reduced or cancelled until thirty days' written notice has been furnished the City.

1. Compensation Insurance: The Contractor must take out and maintain, during the life of this contract, workers' compensation insurance for all of his employees employed at the site of the project and, in case any work is sublet, the Contractor must require the subcontractor similarly to provide workers' compensation insurance for all of the latter's employees. If any class of employees engaged in hazardous work under this contract at the site of the project is not protected under the Workers' Compensation Statute, the Contractor must provide and must cause any subcontractor to provide insurance for the protection of employees engaged in hazardous work.

Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 Item 7.5
Section 3 ñ Contract Award and Execution (02/24)
Federal Aid Project
3-2

2. Bodily Injury Liability and Property Damage Liability Insurance: The Contractor must take out and maintain during the life of this contract such bodily injury liability and property damage liability insurance as must protect him from claims for damages for personal injury, including accidental death as well as from claims for property damage, including coverage on property in the care, custody and control of the Contractor which may arise from his operations under this contract, whether such operations by himself or by any subcontractor or by anyone directly or indirectly employed by either of them, and such insurance must be Public Liability Insurance, in an amount no less than $1,000,000 (combined single limit) per occurrence.

The above insurance must be of the broad form coverage type, affording coverage on property in the care, custody and control of the Contractor, and it is specifically required that the exclusions commonly referred to, in the insurance industry, as the "XCU Exclusions" must be deleted from the Contractor's insurance. Adequate proof of insurance in compliance with the above requirements must be furnished to the City. An additional insured endorsement to Contractor's liability insurance policy naming the City, and the San Joaquin County, its officers and employees as additional insureds must be furnished to the City. Notwithstanding the above, Contractor's liability insurance policy shall be endorsed as primary insurance.

Contractor shall indemnify and defend Owner from all claims, demands, or liability arising out of or encountered in connection with this contract or the prosecution of work under it, whether such claims, demands, or liability are caused by Contractor, Contractorís agents or employees, or subcontractors employed on the project, their agents or employees, or products installed on the project by Contractor or subcontractors, excepting only such injury or harm as may be caused solely and exclusively by Ownerís fault or negligence. Such indemnification must extend to claims, demands, or liability for injuries occurring after completion of the project, as well as during the workís progress.

Section 3-1.08, "SMALL BUSINESS PARTICIPATION REPORT," delete.

Section 3-1.11, "PAYEE DATA RECORD," delete.

Section 3-1.18, "CONTRACT EXECUTION," replace with the following:

The contract must be executed by the successful bidder and must be returned with the following to the City:

1. Bonds required in Section 3-1.05.

2. Insurance required in Section 3-1.07.

3. Current W-9 Form (if not already on file with the City).

4. Form FHWA-1273 (Contract provisions for Federal-Aid Construction Contracts) Contract and above listed documents must be returned to the City so that they are received within 10 days, not including Saturdays, Sundays, and legal holidays, after the bidder has received the contract for execution. Failure to do so will be cause for forfeiture of the bid guaranty. The executed contract documents must be delivered to the following address: City of Mountain House, Department of Public Works, 251 East Main Street, Mountain House, CA 95391. A successful bidder must be required to have a current W-9 form on file with the City. If not already on file, the form will be included in the contract documents to be executed by the successful bidder. The form must be completed and returned to the City by the successful bidder with the executed contract and contract bonds. A copy of the contract form is included in these special provisions.

Section 3-1.19, ìBIDDERíS SECURITIES,î replace with the following:

Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 Item 7.5
Section 3 ñ Contract Award and Execution (02/24)
Federal Aid Project
3-3
The bid guaranties accompanying the bids of all bidders will be retained until the contract has been awarded by the City Council, after which all such guaranties, except the first lowest responsible bidder's guaranty, will be returned to the respective bidders whose bids they accompany. The bid guaranty of the first lowest responsible bidder will be retained until the contract documents have been fully executed.

Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 Item 7.5
251 E MAIN STREET, MOUNTAIN HOUSE, CA 95391
(209) 831-2300 ● (209) 831-5610 FAX

CONTRACTOR AGREEMENT
CONTRACT ID # A-2425- _____
DATE: ______________
PARTIES: City of Mountain House: City of Mountain House 251 E. Main Street
Mountain House, CA 95391
CONTRACTOR:

The Parties agree as follows:

1. Priority of Documents:

Each of the items listed below is hereby incorporated into this Agreement by this reference. In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in the following order:
 Applicable Federal and State of California statutes and regulations, this Agreement and its exhibits.

B. The following documents:
i. Notice to Bidders dated ________
ii. Contractor’s Bid dated ________
iv. The Project Plans and Specifications
v. Standard Specifications, Department of Transportation, State of California, dated 2023 with revisions in effect at time of project advertisement. vi. Standard Plans, Department of Transportation, State of California, dated 2010 with revisions in effect at time of project advertisement. vii. General Prevailing Wage Rates, Department of Transportation, State of California
viii. Labor surcharge and equipment rental rates, Department of Transportation, State of California
ix. Form FHWA-1273
ix. All Addenda (if any)

EXAMPLE
Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 Item 7.5
CONTRACT ID # A-_______________
2 2. Terms of Services:

2.1 Scope of Services. Subject to the terms and conditions set forth in this Agreement, Contractor agrees to provide ________________________________, as further described in Exhibit A, Scope of Service (the “Work”).

2.2 Term of Agreement. This Agreement shall commence on the date of execution by the City of Mountain House General Manager, and continue until ____________________ unless said Work is completed on a date prior thereto or unless terminated earlier as provided herein. Contractor shall complete the Work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect City of Mountain House’s right to terminate the Agreement, as referenced in Section 8.

2.3 Standard of Performance. Contractor shall perform all Work in a first-class manner in conformance with the standards of quality normally observed by a person practicing in Contractor’s profession.

2.4 Inspection. All Work performed and materials (if any) provided by Contractor shall be subject to inspection and approval by City of Mountain House.

2.5 Contractor’s Warranties and Guarantee. Contractor warrants to City of Mountain House that all materials and equipment furnished under this Agreement will be new unless City of Mountain House agrees otherwise in writing, and that all Work will be of good quality, free from faults and defects and in conformance with this Agreement. All Work not so conforming to these standards may be deemed defective by City of Mountain House. If required by City of Mountain House, the Contractor shall furnish to City of Mountain House satisfactory evidence as to the kind and quality of materials, equipment, and methods of installation by the Contractor or sub-Contractors.

Contractor shall guarantee the Work to be free of defects in material and workmanship for a period of one (1) year following City of Mountain House’s acceptance of the Work (“Contractor’s Guarantee”). As part of Contractor’s Guarantee, Contractor agrees to make, at Contractor’s sole cost and expense, all repairs or replacements made necessary by defects in material or workmanship which become evident within the one-year guarantee period.

2.6 Assignment of Personnel. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City of Mountain House, in its sole discretion and at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of Mountain House of such desire of City of Mountain House, reassign such person or persons.

2.7 Time is of the Essence. The parties agree time is of the essence. Contractor shall devote such time to the performance of the Work as may be reasonably necessary to timely finish the Work, meet the standard of performance provided in Section 2.3 above, and satisfy Contractor’s obligations hereunder.

EXAMPLE
Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 Item 7.5
CONTRACT ID # A-_______________
3 2.8 Public Works Requirements. Because the Work described in Exhibit A constitutes a public works within the definition of Section 1720(a)(1) of the Labor Code, Contractor is required to comply with the provisions of the Labor Code applicable to public works projects, as further described in Exhibit D. Contractor shall waive, indemnify, hold harmless, and defend City of Mountain House concerning any liability arising out of Labor Code Section 1720 et seq.

3. Terms of Payment.

3.1 Compensation. City of Mountain House hereby agrees to pay Contractor a sum not to exceed [spell out number] dollars, ($_________) notwithstanding any contrary indications that may be contained in Contractor’s proposal for services to be performed and reimbursable costs incurred under this Agreement. City of Mountain House shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City of Mountain House to Contractor for services rendered pursuant to this Agreement.

Contractor shall submit all invoices to City of Mountain House in the manner specified herein. Except as specifically authorized by City of Mountain House in writing, Contractor shall not bill City of Mountain House for duplicate services performed by more than one person.

Contractor and City of Mountain House acknowledge and agree that compensation paid by City of Mountain House to Contractor under this Agreement is based upon Contractor’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and sub-Contractors of Contractor. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and sub-Contractors may be eligible. City of Mountain House therefore has no responsibility for such contributions beyond compensation required under this Agreement.

3.2 Invoices. Contractor shall submit invoices not more often than once a month during the term of this Agreement based on the cost for services performed and reimbursable costs incurred prior to the invoice date via e-mail to [email protected]. Invoices delivered to any other e-mail address will be deemed undelivered and not paid.

Invoices shall contain the following information:
a. Contract ID number;
b. Federal Tax Payer Identification Number;
c. The beginning and ending dates of the billing period; d. A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
e. At City of Mountain House’s option, for each Work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the

EXAMPLE
Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 Item 7.5
CONTRACT ID # A-_______________
4 person doing the Work, the hours spent by each person, a brief description of the Work, and each reimbursable expense;
f. The total number of hours of Work performed under the Agreement by Contractor and each employee, agent, and sub-Contractor of Contractor performing services hereunder; and
g. The Contractor’s signature.

3.3 Monthly Payment. City of Mountain House shall make monthly payments, based on invoices received, for services satisfactorily performed and for authorized reimbursable costs incurred. City of Mountain House shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Contractor.

3.4 Final Payment; Retention Payment. If all services required have been satisfactorily performed, City of Mountain House shall pay the last five percent (5%) of the total sum due pursuant to this Agreement within sixty (60) days after completion and acceptance of the Work, or other applicable event under law, and submittal to City of Mountain House of a final invoice.

3.5 Total Payment.
a. City of Mountain House shall pay for the Work performed by Contractor pursuant to this Agreement. City of Mountain House shall make no payment for any extra, further, or additional service pursuant to this Agreement. b. In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. c. City of Mountain House shall not pay any invoice or otherwise provide compensation to Contractor in excess of the maximum amount of compensation provided herein unless the Agreement is modified prior to the performance of such Work or services. d. City of Mountain House shall not pay any invoice or otherwise provide compensation to Contractor for Work or services performed after the expiration or termination of this Agreement unless the Agreement is modified prior to the performance of such Work or services.

3.6 Hourly Rate/Fees. Unless the services provided are for a lump sum or flat fee, fees for Work performed by Contractor on an hourly basis shall not exceed the amounts shown on the compensation cost proposal attached hereto as Exhibit B and incorporated herein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit B, the Agreement shall prevail.

3.7 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B.

Reimbursable expenses not listed in Exhibit B are not chargeable to City of Mountain House. Reimbursable expenses shall not include a mark-up and shall be billed as a direct costs. In no event shall expenses be advanced by City of Mountain House to the

EXAMPLE
Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 Item 7.5
CONTRACT ID # A-_______________
5 Contractor. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

3.8 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

3.9 Payment upon Termination. In the event that City of Mountain House or Contractor terminates this Agreement pursuant to Section 8, City of Mountain House shall compensate the Contractor for all outstanding costs and reimbursable expenses incurred for Work satisfactorily completed as of the date of written notice of termination.

Contractor shall maintain adequate logs and timesheets to verify costs incurred to that date.

3.10 Authorization to Perform Services. The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

4. Contractor’s Status:

4.1 Independent Contractor. In the performance of the Work, duties, and other obligations imposed by this Agreement, the Contractor is at all times acting as an Independent Contractor practicing his or her profession and not as an employee of City of Mountain House. Contractor shall perform the Work in accordance with currently approved methods and standards of practice in the Contractor’s professional specialty. A copy of Contractor’s current business license shall be provided to City of Mountain House. The Contractor shall not have any claim under this Agreement or otherwise against City of Mountain House for vacation, sick leave, retirement benefits, social security or worker’s compensation benefits. The Contractor shall be responsible for federal and state payroll taxes such as social security and unemployment. San Joaquin County will issue a form 1099 at year-end on behalf of City of Mountain House for fees earned.

4.2 Contractor Not an Agent. Except as City of Mountain House may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City of Mountain House in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City of Mountain House to any obligation whatsoever.

4.3 Non-Exclusive Rights. This Agreement does not grant to Contractor any exclusive privileges or rights to provide services to City of Mountain House. Contractor may contract with other agencies, private companies, or individuals for similar services.

5. Legal Requirements.

5.1 Compliance. Contractor shall comply with all Federal, State and local laws, regulations and requirements necessary for performance of the Work. Contractor shall comply with all laws applicable to wages and hours of employment, occupational safety, and to fire safety, health and sanitation.

5.2 Licenses and Permits. Contractor represents and warrants to City of Mountain House that Contractor and its employees, agents, and any sub-Contractors have all licenses, permits,

EXAMPLE
Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 Item 7.5
CONTRACT ID # A-_______________
6 qualifications, and approvals of whatsoever nature that are legally required for the performance of the Work. Contractor represents and warrants to City of Mountain House that Contractor and its employees, agents, and any sub-Contractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to perform the Work.

5.3 Conflict of Interest Statement. Contractor covenants that Contractor, its officers or employees or their immediate family, presently has no interest, including, but not limited to, other projects or independent contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with the performance of the Work. Contractor further covenants that in the performance of this Agreement no person having any such interest shall be employed or retained by Contractor under this Agreement. Contractor shall not hire City of Mountain House’s employees to perform any portion of the Work, including secretarial, clerical, and similar incidental services, except upon the written approval of City of Mountain House. Performance of the Work by associates or employees of Contractor shall not relieve Contractor from any responsibility under this Agreement.

5.4 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, gender identity, or sexual orientation against any employee, applicant for employment, sub-Contractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor pursuant to this Agreement. Contractor shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Contractor thereby.

5.5 Drug Free Workplace. Contractor shall comply with the provisions of Government Code Section 8350 et seq., otherwise known as the Drug-Free Workplace Act.

5.6 Form Law. The Laws of the State of California shall govern this Agreement. Venue is San Joaquin County. The provision of this paragraph shall survive expiration or other termination of this Agreement regardless of the cause of such termination.

5.7 Subcontracts. Contractor shall include the provisions of this Section 5 in any subcontract approved by the Contract Administrator or this Agreement.

6. Indemnification, Hold Harmless and Defense.

To the fullest extent permitted by law, Contractor shall indemnify, hold harmless and defend City of Mountain House, its directors, officers, employees, agents and authorized volunteers, and each of them, from and against any and all claims, demands, causes of action, damages, penalties, judgments, awards, decrees, costs, expenses, attorneys’ fees, losses or liabilities, in law or in equity, of every kind or nature, including but not limited to personal injury, bodily injury, wrongful death, and property damage including any damage to City of Mountain House’s property, arising out of Contractor’s alleged negligence, or wrongful acts related to or in

EXAMPLE
Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 Item 7.5
CONTRACT ID # A-_______________
7 connection with Contractor’s performance of duties under the terms and conditions of this Agreement.

To the fullest extent permitted by law, City of Mountain House shall indemnify, hold harmless and defend the Contractor, its directors, officers, employees, agents and each of them (collectively referred to as “Contractor Indemnified Parties”) from and against any and all claims, demands, causes of action, damages, penalties, judgments, awards, decrees, costs, expenses, attorneys’ fees, losses or liabilities, in law or in equity, of every kind or nature, including but not limited to personal injury, bodily injury, wrongful death, and property damage including any damage to the Contractor’s property, arising out of City of Mountain House’s alleged negligence, or wrongful acts related to or in connection with City of Mountain House’s performance of duties under the terms and conditions of this Agreement.

Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to indemnify shall not apply when to do so would be prohibited by Civil Code Section 2782.

7. Insurance.

Before beginning any Work under this Agreement, Contractor, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance described in Exhibit C, incorporated herein, against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Work hereunder by the Contractor and its agents, representatives, employees, and sub-Contractors. Consistent with the following provisions, Contractor shall provide proof satisfactory to City of Mountain House of such insurance that meets the requirements of Exhibit C and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning Work to City of Mountain House. Contractor shall maintain the insurance policies required by Exhibit C throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor’s proposal. Contractor shall not allow any sub-Contractor to commence Work on any subcontract until Contractor has obtained all insurance required by Exhibit C for the sub-Contractor(s) and provided evidence that such insurance is in effect to City of Mountain House. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution.

8. Termination and Modification.

8.1 Termination. City of Mountain House may cancel this Agreement at any time and without cause upon written notification to Contractor. Contractor may cancel this Agreement upon sixty (60) days’ written notice to MHSCD and shall include in such notice the reasons for cancellation.

In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; City of Mountain House, however, may condition payment of such compensation upon Contractor delivering to City of Mountain House any or all work product, including, but not limited to documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or City of Mountain House in connection with this Agreement.

EXAMPLE
Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 Item 7.5
CONTRACT ID # A-_______________
8 8.2 Extension. City of Mountain House may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Section 2.2. Any such extension shall require a written amendment to this Agreement, as provided for herein. The City of Mountain House General Manager is hereby authorized to negotiate and execute such extension.

8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.

8.4 Assignment and Subcontracting. City of Mountain House and Contractor recognize and agree that this Agreement contemplates performance of specialized services by Contractor and is based upon a determination of Contractor’s unique competence, experience, and specialized knowledge. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator.

Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the sub-Contractors noted in the proposal, without prior written approval of the Contract Administrator. Any such assignment, transfer, delegation or subcontract without the prior written consent shall be considered null and void.

8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City of Mountain House and Contractor shall survive the termination of this Agreement.

8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City of Mountain House’s remedies shall include, but not be limited to, the following:
a. Immediately terminate the Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; c. Retain a different Contractor to complete the Work described in Exhibit A not finished by Contractor; or
d. Charge Contractor the difference between the cost to complete the Work described in Exhibit A that is unfinished at the time of breach and the amount that City of Mountain House would have paid Contractor pursuant to Section 3 if Contractor had completed the Work.

9. Miscellaneous.

9.1 Contract Administrator. The Contractor Administrator shall be designated, and may be changed, by the City of Mountain House General Manager in writing.

9.2 Notices. Any notice required to be given pursuant to the terms and provisions hereof shall be in writing and shall be effected by personal delivery or by first class mail, registered or certified, postage prepaid, return receipt requested. Unless otherwise

EXAMPLE
Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 Item 7.5
CONTRACT ID # A-_______________
9 designated by either party in writing, such notices shall be mailed as shown on the first page of this Agreement.

9.3 Non-Liability of Officials, Employees and Agents. No officer, official, employee or agent of District shall be personally liable to Contractor in the event of any default or breach by District or for any amount that may become due to Contractor pursuant to this Agreement.

9.4 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which such party may be entitled.

9.5 Documents. All drawings, specifications, documents and other memoranda or writings relating to the Work hereunder, shall remain or become the property of City of Mountain House upon termination of this Agreement, whether executed by or for the Contractor for City of Mountain House, or otherwise, by or for the Contractor, or by or for a subContractor operating under the Contractor’s supervision, or direction, and all such documents and copies thereof shall be returned or transmitted to City of Mountain House forthwith upon termination or completion of the Work under this Agreement. Prior to termination Contractor shall deliver to City of Mountain House any such records upon request.

9.6 Force Majeure. It is agreed that neither party shall be responsible for delays in delivery or acceptance of delivery or failure to perform when such delay or failure is attributable to Acts of God, war, strikes, riots, lockouts, accidents, rules or regulations of any governmental agencies or other matters or conditions beyond the control of either the seller/Contractor or the purchaser.

9.7 Waiver. No waiver of any breach of any covenant or provision of this Agreement shall be deemed a waiver of any other covenant or provision hereof, and no waiver shall be valid unless in writing and executed by the waiving party. An extension of time for performance of any obligation or act shall not be deemed an extension of the time for performance of any other obligation or act, and no extension shall be valid unless in writing and executed by the waiving party.

9.8 No Third Party Beneficiaries. Nothing contained in this Agreement is intended to or shall be deemed to confer upon any person, other than the parties, any rights or remedies hereunder.

9.9 Headings. The headings of the sections and exhibits of this Agreement are inserted for convenience only. They do not constitute part of this Agreement and are not to be used in its construction.

9.10 Entire Agreement and Modification. This Agreement supersedes all previous Agreements either oral or in writing and constitutes the entire understanding of the parties hereto. No changes, amendments or alterations shall be effective unless in writing and signed by both parties.

EXAMPLE
Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 Item 7.5
CONTRACT ID # A-_______________
10 9.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

IN WITNESS WHEREOF, City of Mountain House and Contractor have executed this Agreement on the day and year first written above.

Contractor City of Mountain House
State of California
By: ____________________________
[Name]
[Title]
By: ___________________________
Steven J. Pinkerton
City Manager
Date: _________________________ Date: _________________________ Approved as to Form:

By: ___________________________
John Bakker
City Attorney

EXAMPLE
Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 Item 7.5

EXHIBIT A

SCOPE OF SERVICES
[Insert]

EXAMPLE
Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 Item 7.5
CONTRACT ID # A-_____- _____
12 EXHIBIT B

COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
1) Compensation Schedule.
[Insert]
2) Reimbursable Expenses.

Reimbursable expenses for Contractors working for City of Mountain House shall follow the guidelines outlined below. An invoice and receipts, outlining travel expenses, shall be submitted to City of Mountain House after the travel has occurred.

Expense Type Reimbursement Policies Receipt Required
Airfare Actual cost of the least expensive class available.

Business class and first class are not reimbursable.

Yes
Airline Baggage Fees Actual expense. Yes
Rental Car Reimbursement for rental cars will be for a
standard size car or smaller and will be
reimbursed for the actual expense.

Yes
Airport Shuttle Actual expense, including gratuity. Yes Taxi Actual expense, including gratuity. Yes
Meals & Incidentals Actual expense, including gratuity. Itemized receipts must be included for reimbursement. No
alcohol.

Other incidentals per itemized receipt.

Yes
Hotel Lodging obtained will be reasonable and in line
with the moderate priced hotels for the area.

Reimbursement will be only for room charge,
taxes, and parking (if applicable).

Itemized receipts must be included for
reimbursement.

Yes
Privately Owned Vehicle
Mileage Rate
IRS allowable rate for the current year. No
Office Incidentals Actual expense.

Copies/printing, courier/express delivery fees,
phone calls.

EXAMPLE
Yes
Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 Item 7.5
CONTRACT ID # A-_____- _____
13 EXHIBIT C

INSURANCE REQUIREMENTS
1) Required Coverage. Contractor shall maintain all required insurance listed herein for the duration of this Agreement.

TYPE OF INSURANCE MINIMUM LIMITS
Commercial General Liability
Premises Liability; Products and Completed
Operations; Contractual Liability; Personal
Injury and Advertising Liability
$1,000,000 per occurrence;
Bodily Injury and Property Damage
$2,000,00 in the aggregate; Commercial general
coverage shall be at least as broad as Insurance
Services Office Commercial General Liability
occurrence form CG 0001 (most recent edition)
covering comprehensive General Liability on an
“occurrence” basis
Commercial or Business Automobile
Liability
All owned vehicles, hired or leased
vehicles, non-owned, borrowed and
permissive uses. Personal Automobile
Liability is acceptable for individual
Contractors with no transportation or
hauling related activities
$1,000,000 per occurrence;
Any Auto; Bodily Injury and Property Damage.

Automobile coverage shall be at least as broad as
Insurance Services Office Automobile Liability
form CA 0001 (most recent edition), Code 1 (any
auto). No endorsement shall be attached limiting
the coverage.

Workers’ Compensation (WC) and
Employers Liability (EL)
Required for all Contractors with employees
WC: Statutory Limits
EL: $100,000 per accident for bodily injury or
disease. Contractor may rely on a self-insurance
program to meet those requirements, but only if the
program of self-insurance complies fully with the
provisions of the California Labor Code. The
insurer shall waive all rights of subrogation against
City of Mountain House and its officers, officials,
employees, and volunteers for loss arising from
Work performed under this Agreement
Professional Liability/Errors &
Omissions
Required for all Contractors performing
services with licensed professionals.

Includes endorsements of contractual
liability
$1,000,000 per occurrence
$2,000,000 policy aggregate; Any deductible or
self-insured retention shall not exceed $150,000 per
claim
2) Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:

EXAMPLE
Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 Item 7.5
CONTRACT ID # A-_____- _____
14 a) Term. All required insurance shall be maintained during the entire term of the Agreement with the following exception: Insurance policies and coverage(s) written on a claims-made basis shall be maintained during the entire term of the Agreement and until three (3) years following termination and acceptance of all Work provided under the Agreement, with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement. b) Additional Insured. All insurance required above with the exception of Professional Liability, Personal Automobile Liability, Workers’ Compensation and Employers Liability, shall be endorsed to name as additional insured: City of Mountain House, its Board of Directors, and all City of Mountain House officers, agents, employees, volunteers and representatives.
c) Primary Insurance. For any claims related to this Agreement or the Work hereunder, the Contractor’s insurance covered shall be primary insurance as respects City of Mountain House, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by City of Mountain House, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. d) Cancellation. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to City of Mountain House.
e) Certificates of Insurance. Before commencing operations under this Agreement, Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements, in form and satisfactory to City of Mountain House, evidencing that all required insurance coverage is in effect. City of Mountain House reserves the rights to require the Contractor to provide complete, certified copies of all required insurance policies.
f) Sub-Contractors. Contractor shall include all sub-Contractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each sub-Contractor. All coverages for sub-Contractors shall be subject to all of the requirements stated herein.
g) Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
i) The retroactive date of the policy must be shown and must be before the date of the Agreement.
ii) Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the Work, so long as commercially available at reasonable rates.
iii) If coverage is canceled or not renewed and it is not replaced with another claimsmade policy form with a retroactive date that precedes the date of this Agreement, Contractor must purchase an extended period coverage for a minimum of three (3) years after completion of Work under this Agreement.

EXAMPLE
Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 Item 7.5
CONTRACT ID # A-_____- _____
15 iv) A copy of the claim reporting requirements must be submitted to City of Mountain House for review prior to the commencement of any Work under this Agreement.
3) All Policies Requirements.
a) Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. Insurance shall be maintained through an insurer with a minimum A.M. Best Rating of A- or better, with deductible amounts acceptable to City of Mountain House. Acceptance of Contractor’s insurance by City of Mountain House shall not relieve or decrease the liability of Contractor hereunder. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor.
b) Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the written approval of City of Mountain House for the self-insured retentions and deductibles before beginning any of the Work called for by any term of this Agreement.

At the option of City of Mountain House, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City of Mountain House, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to City of Mountain House guaranteeing payment of losses and related investigations, claim administration and defense expenses. c) Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense). d) Waiver of Subrogation. Contractor hereby agrees to waive subrogation which any insurer or Contractor may require from vendor by virtue of the payment of any loss.

Contractor agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all Work performed by Contractor, its employees, agents, and sub-Contractors.
4) Remedies. In addition to any other remedies City of Mountain House may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City of Mountain House may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City of Mountain House may have and are not the exclusive remedy for Contractor’s breach:
a) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
b) Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or c) Terminate this Agreement[MN1].

EXAMPLE
Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 Item 7.5
CONTRACT ID # A-_____- _____
16 EXHIBIT D

REQUIREMENTS OF PUBLIC WORKS CONTRACTS
1) Wages. As applicable pursuant to Federal and State of California statutes and regulations:
a) In accordance with Labor Code Section 1773.2, City of Mountain House has determined the general prevailing wages in the locality in which the Work described in Exhibit A are to be performed for each craft or type of work needed, as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in City of Mountain House Public Works Office, and shall be made available on request. Contractor and sub-Contractors engaged in the performance of the Work shall pay no less than these rates to all persons engaged in performance of the Work.
b) In accordance with Labor Code Section 1775, Contractor and any sub-Contractors engaged in performance of the Work shall comply with Labor Code Section 1775, which establishes a penalty of up to $200 per day for each worker engaged in the performance of the Work for which Contractor or any sub-Contractor pays less than the specified prevailing wage. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if Contractor or sub-Contractor had knowledge of their obligations under the Labor Code. Contractor or sub-Contractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate.

If a sub-Contractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the sub-Contractor, Contractor is not liable for any penalties therefore unless Contractor had knowledge of that failure or unless the Contractor fails to comply with all of the following requirements:
i) The contract executed between Contractor and the sub-Contractor for the performance of part of the Work shall include a copy of the provisions of Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
ii) Contractor shall monitor payment of the specified general prevailing rate of per diem wages by the sub-Contractor by periodic review of the sub-Contractor’s certified payroll records.
iii) Upon becoming aware of a sub-Contractor’s failure to pay the specified prevailing rate of wages, Contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the sub-Contractor for performance of the Work.
iv) Prior to making final payment to the sub-Contractor, Contractor shall obtain an affidavit signed under penalty of perjury from the sub-Contractor that the subContractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the Work any amounts due pursuant to Labor Code Section 1813.
c) In accordance with Labor Code Section 1776, Contractor and each sub-Contractor engaged in performance of the Work shall keep accurate payroll records showing the name, address, social security number, work, 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 in performance of the Work. Each payroll record

EXAMPLE
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CONTRACT ID # A-_____- _____
17 shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
i) The information contained in the payroll record is true and correct. ii) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project.

The payroll records required pursuant to Labor Code Section 1776 shall be certified and shall be available for inspection by City of Mountain House and its authorized representatives, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations, and shall otherwise be available for inspection in accordance with Labor Code Section 1776. d) In accordance with Labor Code Section 1777.5, Contractor, on behalf of Contractor and any sub-Contractors engaged in performance of the Work, shall be responsible for ensuring compliance with Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts.
e) Contractor or any sub-Contractor, in performance of the Work, employs any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other nonmanual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, Contractor shall pay the minimum rate of wages specified therein for the classification that most nearly corresponds to the Work performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. 2) DIR Registration.

At all times, Contractor shall be registered with the Department of Industrial Relations and qualified to perform public work consistent with Labor Code section 1725.5, except in limited circumstances as set forth in Labor Code section 1771.1. No Contractor or sub-Contractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. Contractor agrees, in accordance with Section 1771.4 of the Labor Code, that if the Work under this Agreement qualifies as a public works project, it is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
5615290.3

EXAMPLE
Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 Item 7.5
Section 3 ñ Contract Award and Execution (02/24)
Federal Aid Project
PB-1

PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of Mountain House, by Resolution passed on , 2024, has given to___________________________________ ___________________________________________________________, hereinafter designated as the ìPrincipalî, a Notice of Intent to Award Contract for the work described as follows:

Mountain House Parkway Traffic Signal Synchronization Project, Federal Aid Project No. CML5929(315) in Mountain House.

WHEREAS, said Principal is required under the terms of said Notice to furnish a Bond for the faithful performance of such Notice.

NOW THEREFORE, we the Principal and __________________________________________ as Surety, an admitted Surety insurer pursuant to Code of Civil Procedure Section 995.120, legally doing business in California at ________________________, are held and firmly bound unto the City of Mountain House, in the sum of DOLLARS ($ ),
lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bound Principal, his or its heirs, executors, administrators, successors or assigns, must in all things stand to and abide by and will and truly keep and perform, the covenants, conditions and agreements as defined in the said Contract and any alteration thereof made as therein provided on this or their part, to be kept and performed at the times and in the manner therein specified, and in all respects according to their true intent and meaning, and will indemnify and save harmless the City of Mountain House, its officers and agents, as therein stipulated, then this obligation will become null and void, otherwise, it must be and remain in full force and virtue.

As a condition precedent to the satisfactory completion of the Contract, the above obligation must hold good for a period of one (1) year after the acceptance of the Work by the City, during which time if Principal fails to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage made evident during the period of one (1) year from the date of acceptance of the Work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof must remain in full force and effect. The City will maintain the possession of the security through its effective period of one (1) year. However, nothing in this paragraph will limit the obligation of the Surety and the obligation of the Surety must continue so long as any obligation of Principal remains.

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Section 3 ñ Contract Award and Execution (02/24)
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And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder, or the specifications accompanying the same, must in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work, or to the Specifications. All terms and conditions as set forth in the General Conditions, as supplemented, to the Contract are incorporated by reference and Surety acknowledges that it is bound thereby, including the disputes clause(s) therein.

In the event suit is brought upon this bond by the City and judgment is recovered, the Surety must pay all costs incurred by the City of Mountain House in such suit, including a reasonable attorneyís fee to be fixed by the court.

IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the ___________ day of __________, 20 _____. (Corporate Seal) _____________________________________
Principal
By: __________________________________
_____________________________________
Typed or Printed Name
Title: _________________________________
(Corporate Seal) _____________________________________
Surety
By: __________________________________
_____________________________________
Typed or Printed Name
(Attached Attorney-in-Fact Title: _________________________________ Certificate)
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Section 4 ñ Scope of Work (02/24)
Federal Aid Project
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4 SCOPE OF WORK
Section 4-1.06 DIFFERING SITE CONDITIONS (23 CFR 635.109) Section 4-1.06B Contractorís Notification, replace paragraph 1 with:

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.

Section 4-1.06C Engineer's Investigation and Decision, replace section with:

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.

No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice.

No contract adjustment will be allowed under this clause for any effects caused on unchanged work.

Section 4-1.13 CLEANUP, replace paragraph 2 with:

Do not remove warning, regulatory, or guide signs until directed by the Engineer.

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Section 5 ñ Control of Work (02/24)
Federal Aid Project
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5 CONTROL OF WORK
Section 5-1.01, "GENERAL," delete paragraph 9.

Unless otherwise directed by the Engineer, use contract administrative forms available at the CA Department of Transportation website.

Section 5-1.02, "CONTRACT COMPONENTS," revise item 1 of the list in paragraph 2 as follows:

If discrepancy exists:

1. Governing ranking of Contract Parts in descending order is:

1.1 Construction Contract

1.2 Special Provisions

1.3 Project Plans

1.4 Caltrans Traffic Manual

1.5 Revised Standard Specifications

1.6 Standard Specifications

1.7 Revised Standard Plans

1.8 Standard Plans

1.9 Supplemental Project Information
Section 5-1.09 PARTNERING
Section 5-1.09A, "General," replace paragraph 2 with the following:

Partnering not used for contracts less than $10,000,000.

Section 5-1.13, SUBCONTRACTING
Section 5-1.13B(1), "General," replace section with:

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

The prime contractor must:

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 1st-tier subcontractor • Name and business address of each DBE subcontractor, DBE vendor, and DBE trucking 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.

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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 notifications. Upon work completion, the prime contractor shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and submit the form within 30 days of contract acceptance.

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

The Department releases the withhold upon submission of the completed form.

After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor shall complete and email the Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to the City Engineer.

Section 5-1.13B(2), ìDisadvantaged Business Enterprisesî, replace paragraphs 3 through 5 with:

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 Departmentís 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 Department. Unless the Departmentís 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 Department 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 Department stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet your 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.

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

11. The Department 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 with 5 days to respond to the notice and advise the prime contractor and the Department of the reasons why the use of other forces or sources of materials should not occur. The prime contractorís request to use other forces or material sources must include:

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

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

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

Section 5-1.13B(2), ìDisadvantaged Business Enterprisesî, add between sentences 1 and 2 of paragraph 6:

If a listed DBE is terminated or substituted, the prime contractor must make good faith efforts to find another DBE to substitute for the original DBE.

Section 5-1.13B(2), ìDisadvantaged Business Enterprisesî, replace sentence 2 of paragraph 6 with:

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 work code applicable to the type of work the DBE will perform on the Contract at the time of your request for substitution.

Section 5-1.13C, "Disabled Veteran Business Enterprises," delete.

Section 5-1.13D, "Non-Small Businesses," delete.

Section 5-1.20 COORDINATION WITH OTHER ENTITIES
Section 5-1.20B, Permits, Licenses, Agreements, and Certifications Section 5-1.20B(1), "General," add the following:

When required by special provisions, obtain permits in advance of starting related work.

Prior to start of work or placing traffic control signage, a no fee encroachment permit shall be obtained at the City of Mountain House. Submit all traffic and detour plans while applying for the permits.

CITY OF MOUNTAIN HOUSE

PUBLIC WORKS DEPARTMENT
251 East Main Street
Mountain House, CA 95391
For any signage or traffic control within the State, Cities, or outside agencyís right-of-way, the Contractor will be required to obtain an encroachment permit from all outside agencies, including:

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SAN JOAQUIN COUNTY

PUBLIC WORKS DEPARTMENT
1810 E. Hazelton Avenue
Stockton, CA 95205
Full compensation for conforming to the requirements in this permit, including the cost of the permit, shall be considered as included in the contract prices paid for the various item or work and no additional compensation will be allowed therefor.

Section 5-1.27, RECORDS
Section 5-1.27E, "Change Order Bills," replace with the following:

Change order bills must be submitted on forms approved by the City.

Section 5-1.30, "NON COMPLIANT AND UNAUTHORIZED WORK," add the following:

The City may reduce payment for noncompliant work left in place.

Section 5-1.32, "AREAS OF USE," replace paragraph 2 with:

If sufficient area is not available within the contract limits, the Contractor is responsible for securing, at the contractorís expense, areas required for plant sites, storage of equipment or material, or for other purposes. Personal vehicles must not be parked on the traveled way or shoulders
Section 5-1.39 DAMAGE REPAIR AND RESTORATION
Section 5-1.39C Landscape Damage
Section 5-1.39C(1), ìGeneralî, delete paragraph 3.

Section 5-1.43 POTENTIAL CLAIMS AND DISPUTE RESOLUTION
Section 5-1.43A, ìGeneralî, add after paragraph 4:

Where not preempted by Federal and/or State law, including but not limited to Public Contract Code 9204, Section 5-1.43, ″Potential Claims and Dispute Resolution, ″ of Standard Specifications and the following provisions, as modified herein, will be utilized as the remedy procedures for any disputes or claims arising under or related to performance of the contract.

At any time after the Engineer receives an Initial Potential Claim Record, you and the Department may agree in writing to different time limits than those set forth herein.

Section 5-1.43D, ìFull and Final Potential Claim Recordî, add after paragraph 4:

If the Full and Final Potential Claim Record is timely submitted to the Engineer and the Engineer fails to furnish a response within the time limits prescribed for issuing a written statement under Public Contract Code, section 9204, subdivision (d)(1), the Engineer shall be deemed to have decided to reject the Full and Final Claim Record in its entirety.

Section 5-1.43E, "Alternative Dispute Resolution," replace with the following:

Section 5-1.43E, "Construction Claim Procedures"
Attention is directed to Sections:

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5-1.27E, "Change Order Bills",
8-1.04B, "Standard Start";
5-1.43B, "Initial Potential Claim Record";
9-1.17, "Payment After Contract Acceptance"; and
9-1.22, "Arbitration," of the Standard Specifications; and Section 1, "Specifications and Plans," of the Special Provisions.

The above provisions, as modified herein, will be utilized as the remedy procedures for any disputes or claims arising under or related to performance of the contract.

Section 5-1.43E(1), "Dispute Resolution"
Submit a request, in writing, for an informal, meet and confer conference if you dispute the Engineerís response to your Full and Final Potential Claim Record. The Engineerís receipt of the request for the meet and confer conference must be evidenced by postal return receipt.

The Engineer will schedule a meet and confer conference within 30 days for settlement of the dispute. Then Engineer will furnish you with a written statement within 10 days following conclusion of the meet and confer conference identifying the portions of the claim that remain in dispute and the portions that are undisputed. Any payment due on undisputed portions of the claim are made within 60 days after the written statement is furnished.

Identify any remaining portions of the claim in writing for submittal to non-binding mediation. Mediation costs shall be shared equally between you and the Department. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim.

Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures, or as stated herein.

Claims (demands for monetary compensation or damages) arising under or relating to performance of the contract will be resolved by litigating the claim in a court of competent jurisdiction. Provided, however, if the Department and the Contractor mutually agree, in writing, to submit the claim to arbitration, the matter will go directly to arbitration proceedings. The agreement to pursue the matter through arbitration will be the parties' sole legal recourse such that the parties may not subsequently litigate the matter in any court proceeding except as to enforcement of the arbitration award or as otherwise provided in this section.

Arbitration, if expressly agreed upon in writing by the parties, will be pursuant to the provisions of California Code of Civil Procedure Section 1280 et seq., except wherever there are inconsistencies with those provisions and this section, this section will prevail. The arbitrator's award will be decided under and in accordance with the laws of this State, supported by law and substantial evidence and, in writing, contain the basis for the decision, findings of fact and conclusions of law. In addition to vacating an award on the grounds set out in Sections 1286.2 and 1286.4 of the California Code of Civil Procedure, a court will vacate the award if after review of the award it determines either that the award is not properly supported by substantial evidence or that it is based in whole or in part by an error of law. The arbitrator will have jurisdiction over the procedures and substantive matters relating to the claim as set out in the arbitration submittal agreement executed by the parties.

Arbitration will be initiated by a Complaint in Arbitration made in compliance with the requirements of said regulations. A Complaint in Arbitration by the Contractor will be made not later than 180 days after the date of service in person or by mail on the Contractor of the final written decision by the Department on the claim.

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Section 6 ñ Control of Materials (02/24)
Federal Aid Project
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6 CONTROL OF MATERIALS
No alterations have been performed. Refer to Section 6, ìControl of Materialsî in Standard Specifications.

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Federal Aid Project
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7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
Section 7-1.02K (2), LAWS
Section 7-1.02K (2), Labor Code
Section 7-1.02K (2), "Wages," paragraph 2, replace with the following:

The Contractor is required to pay the higher of the two wage rates published by the sources listed below:

1. Prevailing Wage Rates are available at the Department of Labor Web site, https://sam.gov/wage-determinations. Federal Wage rates for the project must be those in effect 10 calendar days prior to bid opening.

2. From the Department of Industrial Relations, general prevailing wage rates are available at http://www.dir.ca.gov/oprl/DPreWageDetermination.htm These wage rates are not included in the Bid and Contract for the project. Changes, if any, to the general prevailing wage rates will be available at the Web site above.

Bidders are advised that a recent Department of Industrial Relation's determination indicates Fabricators are subject to prevailing wage requirements under the following conditions:

Workers employed by contractors or subcontractors are "employed in the execution of a contract for public works" when they are engaged in the off-site fabrication of items produced especially for the public works project and not for sale on the general market.

Where a contractor is producing products both for its own projects and for sale on the general market, the test for whether a pre-fabricated item is specially made for the public works project turns on factors such as whether the item was produced in accordance with the plans and specifications of the architects and/or engineers for that project and/or shop drawings based thereon such that the item differs from a standard, generic item.

Standard items must be considered to be produced specially for the public works project if they were modified to meet the specific requirements of that project.

For the foregoing reasons, prevailing wages must be paid to the employees of contractors and subcontractors engaged in the off-site fabrication or pre-fabrication of items specially produced for public works projects.

Section 7-1.02K (3), "Certified Payroll Records (Labor Code S1776)," replace paragraph 6 through 10 with the following:

Certified payroll records must be submitted to City of Mountain House, Attention: Hamid Parsa, 251 East Main Street, Mountain House, CA 95391. Electronic submittal is acceptable.

All contractors and subcontractors must also furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement).

Section 7-1.02K (4), "Apprenticesî add the following:

Unless such provision would conflict with a state or federal law or regulation applicable to a particular contract for a public works project, City contracts for public works in excess of $200,000 will contain provisions pursuant to which each contractor or subcontractor will make a good faith effort to employ apprentices who are enrolled in and participating in a viable apprenticeship program serving the San Joaquin County and approved by the State Department Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 Item 7.5
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of Apprenticeship Standards. This apprenticeship requirement will apply for each apprenticable craft or trade in which the contractor employs workers in performing any of the work under the contract. A contractor may evidence its good faith effort by complying with California Labor Code Section 1777.5 and the implementing regulations and seeking apprentices from apprenticeship programs serving the San Joaquin County.

A contractor employing apprentices pursuant to this section will employ apprentices in a ratio consistent with the provisions of California Labor Code or Federal requirements as applicable for federal aid contracts.

This section will not be construed to exempt a contractor from any other applicable requirement imposed upon the contractor by federal or state law.

Section 7-1.02K (5), "Working Hoursî add the following:

Working hours shall be limited to the hours between 7:00 AM and 6:00 PM, Monday through Friday, excluding recognized holidays.
7-1.02K(6) Occupational Safety and Health Standards
7-1.02K(6)(j)(ii) Lead Compliance Plan, replace paragraph 1 with:

Section 7-1.02K(6)(j)(ii) applies when the contract documents require a lead compliance plan. 7-1.02M Public Resources Code
7-1.02M(2) Fire Protection, delete ìReservedî and add:

Cooperate with local fire prevention authorities in eliminating hazardous fire conditions.

Obtain the phone numbers of the nearest fire suppression agency. Submit these phone numbers to the Engineer before start of job site activities.

Section 7-1.06, "Insurance," replace with the following:

Refer to special provision Section 3, "Contract Award and Execution," for insurance requirements.

Section 7-1.11 FEDERAL LAWS FOR FEDERAL-AID CONTRACTS
Section 7-1.11A, ìGeneralî, add between paragraphs 2 and 3:

Each subcontract and any lowerñtier subcontract that may in turn be made shall include the ìRequired Contract Provisions Federal-Aid Constructionî in Section 7 of these special provision and referenced 2018 Standard Specifications.

Noncompliance shall be corrected. Payments for subcontracted work involved will be withheld from progress payments due or to become due, until correction is made. Failure to comply may result in termination of the contract.

Section 7-1.11B FHWA-1273, replace FHWA-1273 form with the following pages:

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1 FHWA-1273 – Revised October 23, 2023

REQUIRED CONTRACT PROVISIONS

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

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

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

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

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

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

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

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

4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b).

The term Federal-aid highway does not include roadways
functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a).

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

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

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

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

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

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

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2 1. Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5). b. The contractor will accept as its operating policy the following statement:
"It is the policy of this Company to assure that applicants are employed, and that employees are treated during
employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship, pre-apprenticeship, and/or on-the-job
training."

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

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

b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.

d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or
other appropriate means.

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

Information and procedures with regard to referring such applicants will be discussed with employees.

5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability.

The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action D-2
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3 within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.

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

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

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

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

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

DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21.

11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following:

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4 (1) The number and work hours of minority and nonminority group members and women employed in each work classification on the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women. b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and nonminority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.

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

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

IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113.

This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101.

Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167.

The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA1273 format and FHWA program requirements.

1. Minimum wages (29 CFR 5.5)
a. Wage rates and fringe benefits. All laborers and
mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid
unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis-Bacon poster (WH–1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly
submitted pursuant to paragraph 1.c. of this section, provided that:
(i) The work performed by the classification is not
performed by a classification in the wage determination for which a prevailing wage rate has been determined;
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5 (ii) The classification is used in the area by the
construction industry; and
(iii) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.
(2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification.
c. Conformance. (1) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional
classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage determination; and
(ii) The classification is used in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(2) The conformance process may not be used to split,
subdivide, or otherwise avoid application of classifications listed in the wage determination.
(3) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to [email protected]. The Administrator, or an
authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(4) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed
classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to [email protected], refer the
questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(5) The contracting officer must promptly notify the
contractor of the action taken by the Wage and Hour Division under paragraphs 1.c.(3) and (4) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
d. Fringe benefits not expressed as an hourly rate.

Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.
e. Unfunded plans. If the contractor does not make
payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
f. Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages.

2. Withholding (29 CFR 5.5)
a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered
necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a
contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph 3.d. of this section, the contracting agency may on its own initiative and after written notice to the contractor, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph D-5
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6 2.a. of this section or Section V, paragraph 3.a., or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.

3. Records and certified payrolls (29 CFR 5.5)
a. Basic record requirements (1) Length of record retention.

All regular payrolls and other basic records must be
maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and
mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.
(2) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each
worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.
(3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must
maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
(4) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must
maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.
b. Certified payroll requirements (1) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Actscovered work is performed, certified payrolls to the contracting agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting
agency or prime contractor permits other methods of
submission in situations where the contractor is unable or limited in its ability to use or access the electronic system. (2) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly
certified payroll information may be submitted using Optional Form WH–347 or in any other format desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division website at https://www.dol.gov/sites/dolgov/files/WHD/ legacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the contracting agency. (3) Statement of Compliance. Each certified payroll
submitted must be accompanied by a “Statement of
Compliance,” signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following:
(i) That the certified payroll for the payroll period contains the information required to be provided under paragraph 3.b. of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct and complete; (ii) That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set
forth in 29 CFR part 3; and
(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually
performed, as specified in the applicable wage determination incorporated into the contract.
(4) Use of Optional Form WH–347. The weekly submission
of a properly executed certification set forth on the reverse side of Optional Form WH–347 will satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(3) of this section.

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7 (5) Signature. The signature by the contractor,
subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature.
(6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.
(7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
c. Contracts, subcontracts, and related documents. The
contractor or subcontractor must maintain this contract or subcontract and related documents including, without
limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
d. Required disclosures and access (1) Required record
disclosures and access to workers. The contractor or
subcontractor must make the records required under
paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to
determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit such
representatives to interview workers during working hours on the job.
(2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be
precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the
contractor or person for an extension of the time for
submission of records. WHD will determine the
reasonableness of the request and may consider, among other things, the location of the records and the volume of
production.
(3) Required information disclosures. Contractors and
subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the contracting agency, the State DOT, the FHWA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.

4. Apprentices and equal employment opportunity (29 CFR

5.5)
a. Apprentices (1) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the
predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship
Agency recognized by the OA withdraws approval of an
apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(2) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that
determination.
(3) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph

4.a.(4) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph 4.a.(1) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.

In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage
determination for the work actually performed.
(4) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed.
b. Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with D-7
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8 the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
c. Apprentices and Trainees (programs of the U.S. DOT).

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

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

6. Subcontracts. The contractor or subcontractor must insert FHWA-1273 in any subcontracts, along with the applicable wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate. 29 CFR 5.5.

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

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

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

10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
c. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001.

11. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or
d. Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3.

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

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

5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1. of this section the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment.

In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or D-8
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9 mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 1. of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1. of this section.
* $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may be adjusted annually by the Department of Labor, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990.

3. Withholding for unpaid wages and liquidated damages
a. Withholding process. The FHWA or the contracting
agency may, upon its own action, or must, upon written
request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be
considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages;
monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the
contractor liability for which the funds were withheld. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Section IV paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.

4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lowertier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.

5. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its
implementing regulations in this part;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or
d. Informing any other person about their rights under
CWHSSA or this part.

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

1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such
specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116).
a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or
rented by the prime contractor, with or without operators.

Such term does not include employees or equipment of a
subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation) (1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality of the work of the leased employees;
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10 (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102.

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

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

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

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

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

1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635).

The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108.

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

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

VIII. FALSE STATEMENTS CONCERNING HIGHWAY

PROJECTS
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federalaid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each
Federal-aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as
amended and supplemented;
Shall be fined under this title or imprisoned not more than 5 years or both."
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11 IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2
CFR 200.88; EO 11738)
This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related
subcontracts. 48 CFR 2.101; 2 CFR 200.327.

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

The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.327.

X. CERTIFICATION REGARDING DEBARMENT,

SUSPENSION, INELIGIBILITY AND VOLUNTARY

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

1. Instructions for Certification – First Tier Participants:

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

The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325.
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12 2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier
Participants:
a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.335;.
(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d).
(5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements).
b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340.
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3. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220.
a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365.
d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200.

You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those
regulations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated. 2 CFR 1200.220 and 1200.332.
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR
180.300, 180.320, 180.330, and 180.335.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
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13 excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325.
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4. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:
a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals:
(1) is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.355;
(2) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(3) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act
requirements)
b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal.
* * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT

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

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

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

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

XII. USE OF UNITED STATES-FLAG VESSELS:

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

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

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

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

2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime
Administration, Washington, DC 20590. (MARAD requires
copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7.

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Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 Item 7.5
14 ATTACHMENT A - EMPLOYMENT AND MATERIALS

PREFERENCE FOR APPALACHIAN DEVELOPMENT

HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B)
This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965.

1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except:
a. To the extent that qualified persons regularly residing in the area are not available.
b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below.

2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment
Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service.

3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required.

4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above.

5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region.

6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work.

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Docusign Envelope ID: 6320092D-F702-4FAE-834F-E1F07407DE04 Item 7.5
Local Assistance Procedures Manual Exhibit 9-F
DBE Running Tally of Payments
(11) Amount Paid to Prime To Date ($)
(14) DBE Cert.

Number
(15) Contract
Type
(16) Date of
Payment
(17) Amount of
This Payment
(18) Amount
Paid To Date
(19) Amount
Committed To
This DBE
Totals $0 $0 $0
EXHIBIT 9-F: DISADVANTAGED BUSINESS ENTERPRISE (DBE) RUNNING TALLY OF PAYMENTS Save this form using the following naming convention, [9 digit Federal Aid number]-[yyyymm]-[ss].xlsx. [yyyymm] is the reporting period. [ss] is two digit sequential numbering, applicable when consultant or contractor has more than one 9-F form to complete per pay period. For example, a valid saved file could read: 1234(567)-202207-01.xlsx. Prime contractors/consultants are required to submit this form no later than the 10th of the following month, after submitting an invoice for reimbursement that includes a payment to a DBE. If no payments have been made, do not submit the form. Email this form to [email protected] with a copy to their local administering agencies. Do not submit this form with the invoice, it will not be processed.
(1) Reporting Period (mm-yyyy) (2) Federal Aid Project Number (3) Caltrans District (4) Local Agency (5) Contract Number (6) Total Contract Award Amount ($) (7) DBE Goal Percentage (%) (8) DBE Committed Percentage (%) (9) Business Name (10) Amount Prime Invoiced This Period ($) (12) Prime Certified DBE? (13) DBE Subcontractor/Subconsultant
Name (20) Comments
List all DBEs regardless of tier, whether or not the firms were originally listed in Exhibit 10-O2 or 15-G as a DBE commitment. If the actual DBE utilization was different than that approved at the time of award, provide comments in box (20). All payments reported, including payments to contractor/consultant, are for the date listed. Select the most appropriate contract type (Agent, Consultant, Joint Venture, Manufacturer, Prime, Regular Dealer, Subcontractor, Truck/Haul, Service Provider) for the DBE from dropdown list.

By executing this 9-F, Contractor/Consultant represents and warrants, under penalty of perjury, that:

Contractor/Consultant contracted with the Disadvantaged Business Enterprise companies (DBEs) as set forth in their awarded bid on Contract number ____________________________ Contractor/Consultant paid the full amounts listed on their 9-F to the DBEs set forth in Contractor’s awarded bid, without reduction or offset. (21) Prime Contractor/Consultant Manager's Name (Print) (22) Business Phone Number (23) Date COPY DISTRIBUTION: Original - Prime Contractor/Consultant, Copy - E-mail: [email protected]; Copy: Local Administering Agency