00 RFB-25-26-05, Basin D at ESRP.pdf

CITY OF VISALIA, CA

ENGINEERING AND BUILDING DEPARTMENT

ENGINEERING DIVISION

REQUEST FOR BID NO. 25-26-05

CONSTRUCTION SPECIFICATIONS

FOR CONSTRUCTION ON

BASIN D AT THE EAST SIDE REGIONAL PARK

IN

CITY OF VISALIA, CA

TULARE COUNTY

Bid Submittal Deadline: 2:00 P.M., on Wednesday, October 8, 2025

PROJECT NO. 3010-72000/CP0396-999

Funded by: California Green Infrastructure Grant Program

Dated: 8/28/25

RFB No. 25-26-05

BASIN D AT THE EAST SIDE REGIONAL PARK PROJECT

These project specifications contained herein have been prepared by or under the direction of the following

Registered Persons

CITY OF VISALIA

William F. Young, P.E. 35715

BASIN D at the ESRP August, 2025 i

RFB-25-26-05

TABLE OF CONTENTS Page No.

NOTICE TO CONTRACTORS

SECTION 1 BID ITEM PROPOSAL SCHEDULE & ADDENDA ACKNOWLEDGEMENT ... 5

SECTION 2 FORMS REQUIRED WITH BID

2-1 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE

2-2 EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE

2-3 CLEAN AIR AND WATER POLLUTION CONTROL CERTIFICATION

2-4 NON-COLLUSION AFFIDAVIT

2-5 CERTIFICATION CONCERNING WORKER'S

2-6 DRUG-FREE WORKPLACE CERTIFICATION

2-7 DISCLOSURE STATEMENTS

2-8 CERTIFICATION OF ANTI-KICKBACK COMPLIANCE

2-9 AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE

2-10 CERTIFICATE OF NONSEGREGATED FACILITIES

2-11 IRAN CONTRACTING ACT CERTIFICATION

2-12 DEBARMENT AND SUSPENSION CERTIFICATION

2-13 BID PROPOSAL CONTRACT

2-14 SUBCONTRACTORS LIST

2-15 CONTRACTOR’S REFERENCE FORM

SECTION 3 BIDDERS BOND

SECTION 4 CONTRACT

SECTION 5 CONTRACT BOND FORMS

5-1 PAYMENT BOND

5-2 PERFORMANCE BOND

5-3 MAINTENANCE BOND

SECTION 6 SAMPLE CONTRACTOR AFFIDAVIT

STANDARD SPECIFICATIONS

SPECIAL PROVISIONS SECTIONS 60-80

SECTION 64 JOB SPECIFIC PROVISIONS

64-1 Bid Proposal 64-2 Subcontracting 64-3 Prevailing Wages 64-4 Beginning of Work 64-5 Work Hours 64-6 Liquidated Damages 64-7 Project Size 64-8 Potholing 64-9 Oakes Ditch Impacts 64-10 Temporary Traffic Control 64-11 As-Built Plans 64-12 Environmental Mitigation & Requirements 64-13 Wildlife Preconstruction Surveys & Worker Environmental Awareness Program (WEAP) 49 64-14 Oak Tree Protection & Trimming 64-15 Native American Monitoring (NAM)

BASIN D at the ESRP August, 2025 ii

64-16 Historical & Archaeological Resources 64-17 Construction Surveying/Staking 64-18 Salvaged Items 64-19 Location to Salvage Items 64-20 Staging and Storage or Materials Area 64-21 Electrical & Water Service 64-22 Coordination of Work 64-23 Utility Coordination 64-24 Meetings 64-25 Project Funding Sign 64-26 Clearing and Grubbing 64-27 Tree Removal 64-28 Fence & Gate Modification 64-29 Removable Bollard 64-30 Pull Boxes and Vaults 64-31 Signs, Posts and Footings 64-32 Forms 64-33 Surface Water Management 64-34 Payment for Items Not Covered by Specific Bid Items 64-35 City Standard Specification Sections – State Standards Updates 64-36 Payment for Extra Work 64-37 Standard Specification Amendments 64-38 Copies of Plans and Construction Specifications 64-39 Department of Industrial Relations Requirements, PW Contractor Registration Program and

Project Labor Agreements

SECTION 65 REVISED SECTION 28: HOT MIX ASPHALT

65-1 General 65-2 Summary 65-3 Reclaimed Asphalt Pavement 65-4 Warm Mix Asphalt Technology

SECTION 66 TRAFFIC STRIPES, SIGNS, AND PAVEMENT MARKINGS

SECTION 67 TRAIL & PICNIC AREAS

67-1 Decomposed Granite Trail 67-2 Irrigation Sleeve Bundles 67-3 Rip Rap 67-4 Trail Bench 67-5 Trash Receptacles 67-6 Picnic Table and Matching Benches 67-7 HDPE Fabric HIP Shade Structure 67-8 ADA Tactile Warning Surface

SECTION 68 STORM DRAIN PIPE

SECTION 69 STORM DRAIN MANHOLES

SECTION 70 DRYWELLS

SECTION 71 CANAL GATES

SECTION 72 JUNCTION STRUCTURE

SECTION 73 WINGWALL

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SECTION 74 LANDSCAPE & IRRIGATION

74-1 Tie-ins 74-2 Existing Improvements 74-3 Technical Specifications Landscape & Irrigation 74-4 Maintenance & Repair Period 74-5 Payment

SECTION 75 REVEGETATION IMPROVEMENTS

75-1 GENERAL

75-2 QUALITY ASSURANCE

75-3 MATERIALS

75-4 EXECUTION

75-5 SEED ESTABLISHMENT MAINTENANCE & REPAIR

75-6 PAYMENT

SECTION 76 DESCRIPTION OF BID ITEMS

SECTION 77 DESCRIPTION OF BID ITEMS – ALTERNATIVE BID SCHEDULE

SECTION 78 STATE FUNDING REQUIREMENTS

78-1 State Funding Requirements 78-2 City of Visalia Labor Compliance Manual 78-3 State of California Prevailing Wage Determinations

SECTION 79 Attachments

79-1 Plans: ESRP Basin D by CWE 79-2 Plans: ESRP Basin D Landscape & Irrigation by UTF 79-3 Landscape & Irrigation Technical Specifications 79-4 Geotech Report 79-5 SJVAPCD ISR 20250142 Summary 79-6 COV Oak Tree Permit 2025-21

79-7 SWHA TAC 2000

79-8 Municipal Code Ch 8.56 Weeds & Property Maintenance 79-9 State Prevailing Wage Determinations 79-10 COV Labor Compliance Manual 79-11 COV Standard Specifications 8-5-23 79-12 COV Standard Specifications Amendments 1-16-25 79-13 COV Landscape Standards 79-14 COV Standard Spec Building Around Valley Oaks 79-15 COV Intent to Prune Valley Oak Tree 79-16 COV Encroachment Permit Policy Manual

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CITY OF VISALIA

STATE OF CALIFORNIA

NOTICE TO CONTRACTORS

SEALED PROPOSALS will be received at the office of the Purchasing Division, City Hall West, 707 W.

Acequia, Visalia, California 93291, until 2:00 P.M. on Wednesday, October 8, 2025 for furnishing materials, supplies, equipment and labor for performing the work as specified in the approved Plans, the

Standard Specifications, the Construction Specifications and other Contract Documents for the following project:

Project Name: BASIN D AT THE EAST SIDE REGIONAL PARK

Project No.: 3010-72000/CP0396-999

RFB No.: 25-26-05

Bids are required for the entire work, complete and in place. Bids may shipped or delivered as specified in

Section 60, Special Provisions.

TIME OF COMPLETION: 125 working days as specified in Section 60-4 of the specifications.

ENGINEER’S ESTIMATE: The probable construction cost is estimated to be: $2,693,000

NON-MANDATORY PRE-BID MEETING: There will be a non-mandatory Pre-Bid meeting held at 9:00 am, Tuesday, September 23, 2025. The meeting will be held at the jobsite located on the west side of Road 152, approximately 2,100 feet north of East Mineral King Avenue, Visalia, CA.

See Basin D Plan, Project Location Map. Interested Bidders are encouraged to attend.

QUESTIONS: Direct questions regarding this Project to the Purchasing Department by email:

purchasing@visalia.city, Questions must be received by 4:00 p.m. on Monday, September 29, 2025.

TO OBTAIN SPECIFICATIONS AND BID DOCUMENTS: Plans, forms of proposals, bonds, and other contract documents may be requested from the office of the Purchasing Division, 707 W. Acequia, Visalia, California 93291, by telephone (559) 713-4334, or by email: purchasing@visalia.city. If documents do not exceed our email capacity, they will be emailed to the requestor. Otherwise, plans may be downloaded via the City’s file share drive link which will be provided to requestors. A copy of the plans and bidding documents are also available at various builders’ exchanges. Depending on the size of the documents, a copy of the plans and bidding documents may be downloaded by registered users of BidNet

Direct.

The City of Visalia has Engineering Standard Specifications, Construction Specifications, Bidding

Documents, Engineering Design & Improvement Standards, Landscape Standard Specifications, and

Landscape Standard Plans. The Bidder shall thoroughly review all documents prior to submitting a bid.

No bid will be considered unless it is made on a proposal form furnished by the City Engineer. The following documents must be completed and submitted with the bid, unless stated otherwise in that individual document.

mailto:purchasing@visalia.city mailto:purchasing@visalia.city

BASIN D at the ESRP August, 2025 2

Complete and Submit the following with Sealed Bid:

SECTION 1 Proposal & Addenda Acknowledgement (pgs. 5-8 of RFB)

Bid Proposal

Acknowledgement of Addenda

SECTION 2 Required Bid Proposal Forms (pgs. 9-27 of RFB)

Public Contract Code Questionnaire and Statement

Equal Employment Opportunity Compliance Certificate

Clean Air & Water Pollution Compliance Certificate

Non-Collusion Affidavit

Certification Concerning Workers Compensation Insurance

Drug Free Workplace Certification, Disclosure Statement and Levine Act Certification

Certification of Anti-Kickback Compliance

Americans With Disabilities Act Compliance Certificate

Certificate of Nonsegregated Facilities

Iran Contracting Act Certification

Debarment and Suspension Certification

Bid Proposal Contract

Subcontractors List

Contractor’s Reference Form

SECTION 3 Additional Required Forms & Documents (pgs. 28-29 of RFB)

Bidders Bond/Bid Security

Additionally, All issued Addenda must be signed and submitted with bid.

Depending on the nature of the project, other documents may be included by the City and shall be completed in all respects and submitted by the bidder with the bid or as otherwise indicated by the City.

BIDDER’S BOND: Each bid must be accompanied by cash, cashier's check, certified check, or bidder's bond made payable to the City of Visalia for an amount equal to at least ten percent (10%) of the amount of bid, such guaranty to be forfeited should the bidder to whom the contract is awarded fail to enter into the contract.

All bids are to be compared on the basis of the Engineer’s estimate of the quantities of work to be done as shown in the bid proposal form. No bid will be accepted from a Contractor who has not been licensed in accordance with provisions of Chapter 9 of Division 3 of the State of California Business and Professions

Code. This project requires the Contractor to have a Class A license to perform all aspects of work.

All Contractors and/or subcontractors shall be required to obtain a City of Visalia Business Tax Certificate.

No payment will be made to any Contractor until such license is obtained.

The special attention of prospective bidders is called to Section 2 "Proposal Requirements and Conditions" of the Standard Specifications, for full directions as to bidding, etc.

PUBLIC WORKS PROJECT: Bidders/Contractors must be registered with the State of California

Department of Industrial Relations in compliance with SB854 which states: A contractor or subcontractor

BASIN D at the ESRP August, 2025 3 shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5.

Awarded Contractor will be required to furnish electronic payroll records for project to the Labor

Commissioner.

Per California Labor Code, the following statements are hereby incorporated into RFB 25-26-05:

As set forth in CLC section 1771.1(a), all contractors and subcontractors must be currently registered and qualified to perform public work pursuant to CLC section 1725.5 to be qualified to bid, be listed in a bid proposal, or perform any public work for the COV. Proof of registration for each contractor and subcontractor listed on the bid is required.

As set forth in CLC section 1771.4(a)(1), notice is given that this project is a public work, subject to compliance monitoring and enforcement by the Department of Industrial Relations.

As set forth in CLC section 1773, the COV shall obtain the general prevailing rate per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the public work is to be performed for each craft, classification, or type of worker needed to execute the contract from the Director of Industrial Relations. In accordance with labor code section 1773.2, this information is to be included in the bid specifications and in the contract itself.

As set forth in CLC section 1777.5(d), contractors awarded public works contracts who employ workers in any apprenticeable craft or trade in the performance of the contract shall employ apprentices in at least the ratio of one hour of apprentice work for every five hours of journeyman work. In accordance with CLC section 1777.5, apprentices are to be paid the prevailing wage for apprentices in the trade to which they are registered.

This project will be subject to all applicable State Wage Determinations. The Contractor will be responsible for paying wages from the State Wage Determinations for all trades. The wages are set forth in the General

Prevailing Wage Rates for this project, available at City of Visalia address and available from the following website links: http://www.dir.ca.gov/dlsr/PWD/index.htm.

In accordance with the provisions of Section 1770 of the Labor Code, the Director of the Department of

Industrial Relations of the State of California has ascertained the general prevailing rate of wage: and employer payments for health and welfare, pension, vacation, travel time and subsistence pay as provided in Section 1773.8, apprenticeship or other training programs authorized by Section 3093, and similar purposes applicable to the work to be done. These rates shall be a part of the Contract and are on file in the office of the City Engineer and will be made available to any interested person on request. The Contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin.

Pursuant to Section 22300 of the California Public Contract Code (Section 10263 of the Public Contract

Code for State Agencies), the Contractor may substitute securities for any money held by the Owner to insure performance of the contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the Owner or with a State or federally-chartered banks as an escrow agent, who shall return such securities to the Contractor upon satisfactory completion of the contract. Deposit of securities with an escrow agent shall be subject to written agreement in accordance with the provisions of Section 22300. The Owner shall not certify that the contract has been completed until at least 35 days after filing by the Owner of a Notice of Completion. Securities eligible for investment under this Section shall be limited to those listed in Section 16430 of the California Government Code, bank or http://www.dir.ca.gov/dlsr/PWD/index.htm

BASIN D at the ESRP August, 2025 4 savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed upon by the Contractor and the public agency.

Executive Order N-6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued

Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to

Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine

Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

THE CITY HEREBY AFFIRMATIVELY ENSURES that Minority Business Enterprises and

Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit proposals in response to this notice. Individuals and/or entities submitting bids/proposals to the City of Visalia will not be discriminated against on the basis of race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, age, sexual orientation, or military and veteran status in any consideration leading to the award of contract.

The City of Visalia reserves the right to reject any or all bids.

Rebecca Keenan, PE

Senior Civil Engineer

BASIN D at the ESRP August, 2025 5

BID PROPOSAL

SECTION 1 BID ITEM PROPOSAL SCHEDULE

FROM: CONTRACTOR

Company Name of bidder

Bids are required for the entire work complete and in place. Contractor must fill out all portions of

Bid Proposal Form, including any Base Bid Schedule, Alternative Bid Schedule, and Add/Deduct

Schedule.

For improvement of:

Project No.: 3010-72000/CP0396-9999

To the City Clerk of the City of Visalia:

The undersigned as bidder declares that he has carefully examined the location of the proposed work, that he has examined the plans and specifications and read the accompanying instructions to bidders, and hereby proposes and agrees, if this proposal is accepted, to furnish all materials and do all the work required to complete said work in accordance with said Plans, if any, Standard Specifications, Construction

Specifications and Contract Documents in the time and manner therein prescribed, for the unit price or lump sum price set forth in the following Bid Schedule:

BASE BID SCHEDULE

ITEM

NO.

DESCRIPTION OF WORK QUANTITY UNIT

UNIT

PRICE ($)

TOTAL ($)

1 Mobilization & Demobilization 1 LS

Worker and Public Protection/OSHA DIR

Compliance of Underground Requirements

1 LS

NPDES/Water Pollution Prevention

Compliance

1 LS

4 Dust Control 1 LS

Wildlife Preconstruction Surveys & Worker

Environmental Awareness Program (WEAP)

1 LS

6 Traffic/Pedestrian Control System 1 LS

7 Oak Tree Prune & Protection 1 LS

8 Oak Tree Removal 6 EA

9 Orchard Removal 7.5 AC

10 Clearing and Grubbing 1 LS

11 Earthwork (F) 19,653 CY

12 Export Material (F) 14,963 CY

13 Finish Grading (F) 1 LS

14 Drywells 2 EA

15 42-inch Manufacturer’s Pipe Cap 2 EA

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16 Junction Structure with 42-inch Slide Gate 1 EA

17 42-inch Storm Drain Pipe and Bedding 810 LF

18 30-inch Storm Drain Pipe and Bedding 20 LF

19 72-inch Manhole per COV Std. Plan D-3 2 EA

20 Storm Drain Outlet & Inlet Protection 1 LS

21 6-inch SDR-35 PVC Pipe 90 LF

22 12-inch SDR-35 PVC Pipe 80 LF

Drainage Inlet per COV Std. Plan D-12, D-14 with Grate per COV Std. Plan D-13

1 EA

24 Local Depression 2 EA

Outfall Structure per COV Std. Plan D-22, 23, 24 with Light Class Riprap

2 EA

26 Storm Drain Connection Tie-in 3 EA

27 4-inch Removable Metal Bollards 4 EA

Structural Concrete Headwall, Wingwall per

Caltrans Std. Plan D86B With Frame, Stoplogs, and Lifting Beam

1 LS

Trail Construction-DGM. Base (4-inch thick over 10” Compacted Sub-Grade).

1,670 SY

Hot Mix Asphalt Concrete Pavement (Type A, 3/4” Agg) Parking Lot and Park Access Road

Construction.

535 TON

Hot Mix Asphalt Concrete Pavement (Type A, 1/2” Agg) for Trail

344 TON

32 Class 2 Aggregate Base 1,045 CY

PCC Landscape Barrier Curb per COV Std.

Plan C-8

660 LF

PCC Curb and Gutter Type A2-6 per COV Std.

Plan C-4

650 LF

35 Commercial Drive Approach 2 EA

36 PCC Vee-Gutter 38 LF

37 4-inch x 8-inch Concrete Mow Strip 3,010 LF

ADA Concrete Curb Ramp per COV Std. Plan

C-16, with adjoining curb & gutter and detectable warning surfaces

1 EA

39 Detectable Warning Surface 1 EA

40 Minor Concrete Curb Ramp Path 1 LS

Minor Concrete Picnic Table Slab (4” thick, 29’ x 18’ concrete slab with WWM over 4”

Class 2 AB)

1 LS

Minor Concrete Trash Receptacle Slab (4” thick with WWM)

2 EA

43 Minor Concrete Round Bench (3-ft Diameter) 2 EA

Minor Concrete Path to Picnic Table and

Parking Lot

2 EA

45 Minor Concrete Pads for Round Benches 2 EA

46 Pipe Swing Gate 2 EA

47 Trash Receptacles 4 EA

42-ft x 20-ft HDPE Fabric HIP Shade Shelter

Structure with Framing and Foundation

1 EA

BASIN D at the ESRP August, 2025 7

8-ft Iron Picnic Table with 2 Matching

Backless Benches (set)

2 EA

50 Irrigation Sleeve Bundles 4 EA

51 Striping, Signage, and Pavement Markings 1 LS

52 Project Funding Sign 1 EA

53 Irrigation Tie-In Point of Connection (POC) 1 EA

54 Irrigation System 1 LS

55 Soil Amendment 1 LS

56 15 Gallon Tree including Planting & Staking 112 EA

57 5 Gallon Tree including Planting & Staking 46 EA

58 1 Gallon Shrub including Planting & Staking 346 EA

59 Seed Mix #1 -– Hydroseed 23,932 SY

60 Seed Mix #2 – Hydroseed (Basin Invert) 2,308 SY

61 Maintenance & Establishment Period 1 EA

TOTAL BASE BID AMOUNT ($) = _________________

Contractor shall list the bid amounts for the scopes of work indicated below. Refer to Section 73, Description of Alternate Bid Items, for the full description of the scopes of work. The City, at its own discretion, may select to adjust the scope of work and contract award amount by any of the following Alternate Bid Items.

ALTERNATE BID SCHEDULE

ALTERNATE BID A: Mulch Installation

ITEM

NO. DESCRIPTION OF WORK QUANTITY UNIT

UNIT

PRICE ($) TOTAL ($)

1 Mulch Installation 1 LS

TOTAL ALTERNATE BID “A” AMOUNT ($) = _______________

BASE BID AMOUNT + ALTERNATE BID “A” AMOUNT ($) = $____________________

TOTAL BID AMOUNT

LOWEST BIDDER will be determined by the LOWEST TOTAL OF THE BASE BID +

ALTERNATE BID “A” AMOUNT.

The Bid for this project contains a Base Bid and one (1) Alternate Bid . The City reserves the right, as budget allows to award the Base Bid only, or the Base Bid plus the Alternate Bid.

BASIN D at the ESRP August, 2025 8

All bids will be checked for accuracy. In case of a discrepancy between unit price and total, the unit price shall prevail.

The Contract, if awarded, will be to the lowest bidder whose bid the City deems both responsive and responsible and complies with all the requirements described.

If this proposal shall be accepted and the undersigned shall fail to contract as aforesaid and to deliver the payment and performance bonds in the sums to be determined as aforesaid, with surety satisfactory to the

City of Visalia, and to deliver all required insurance policies within ten (10) days, not including Sundays and legal holidays, after the bidder has received notice that the contract has been awarded, the City Council may, at its option, determine that the bidder has abandoned the Contract, and thereupon this proposal and the acceptance thereof shall be null and void, and the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the City of Visalia.

Bidder acknowledges receipt of the following addenda:

No. , dated , 20___

BASIN D at the ESRP August, 2025 9

SUBMIT WITH BID

SECTION 2 FORMS REQUIRED WITH BID

2-1 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE

In accordance with Public Contract Code Section 10162, the Bidder hereby completes, under penalty of perjury, the following questionnaire:

Has the bidder, or any office of the bidder, or any employee 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 Contractor, 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 Contractor within the immediately preceding two-year period because of the Contractor’s failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.

Note: The above Questionnaire and Statement are a part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature, under penalty of perjury, of this Questionnaire and

Statement.

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

BASIN D at the ESRP August, 2025 10

2-2 EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE

(EXECUTIVE ORDER 11246)

Equal Opportunity Clause

Unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Executive

Orders 10925, 11114 or Section 204 of Executive Order 11246 of September 24, 1965, during the performance of each contract with the City of Visalia, the BIDDER agrees as follows:

1. The BIDDER will not discriminate against any employee or applicant for employment because of race, color, religion, gender, national origin or political affiliation. The BIDDER will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, gender, national origin or political affiliation. Such action shall include, but not be limited to, the following: 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. The BIDDER agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

2. The BIDDER will, in all solicitations or advertisements for employees, placed by or on behalf of the BIDDER, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, national origin or political affiliation.

3. The BIDDER will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or the workers’ representative of the

BIDDER’s commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice on conspicuous places available to employees and applicants for employment.

4. The BIDDER will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations and relevancy orders of the Secretary of Labor.

5. The BIDDER will furnish all information and reports required by Executive Order 11246 of

September 24, 1965, and by the rules, regulations and relevant orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

6. In the event of the BIDDER’s non-compliance with the non-discrimination clauses of this subcontract or with any of such rules, regulations or orders, this subcontract may be canceled, terminated or suspended, in whole, or in part and the BIDDER may be declared ineligible for further government contracts in accordance with the procedures authorized in accordance with

Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or otherwise provided by law.

BASIN D at the ESRP August, 2025 11

7. The BIDDER will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each SUBBIDDER or vendor. The BIDDER will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event the BIDDER becomes involved in, or is threatened with litigation with a SUBBIDDER or vendor as a result of such direction by the contracting agency, the

BIDDER may request the United States to enter into such litigation to protect the interest of the United States.

Company: ____________________________________________________

Business Address: ______________________________________________

Signature: _____________________________________________________

Name ______________________________________________

Title ______________________________________________

Date: ______________________________________________

BASIN D at the ESRP August, 2025 12

2-3 CLEAN AIR AND WATER POLLUTION CONTROL CERTIFICATION

(AIR 42 U.S.C. § 7401 et seq., 40 CFR Part 15.61, 49 CFR Part 18;

WATER: 33 U.S.C. § 1251)

BIDDER agrees that any facility to be used in the performance of the contract, or to benefit from the contract, is not listed on the Environmental Protection Agency List of Violating Facilities.

BIDDER also agrees to comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended 33 U.S.C.

1251 et seq. relating to the inspection, monitoring, entry, reports and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder.

BIDDER agrees that as a condition for award of the contract, the BIDDER will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of, or benefit from, the contract is under consideration to be listed on the EPA List of Violating Facilities.

BASIN D at the ESRP August, 2025 13

2-4 NON-COLLUSION AFFIDAVIT

(Title 23 United States Code Section 112 and Public Contract Code Section 7106)

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

Signature Date

Note: The above Non-collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non-collusion Affidavit.

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

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2-5 CERTIFICATION CONCERNING WORKER'S

COMPENSATION INSURANCE

STATE OF CALIFORNIA )

) ss

CITY OF VISALIA )

I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.

Date:

Signature:

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2-6 DRUG-FREE WORKPLACE CERTIFICATION

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2-7 DISCLOSURE STATEMENTS

The following disclosure and statement apply to the Bidder/Proposer/Contractor/Consultant/Vendor/Supplier or

Company:

1. submitting a bid or proposal in response to a solicitation by City of Visalia; or

2. as Awardee of a contract/purchase order which is subject to approval by the Visalia City Council.

OWNERSHIP DISCLOSURE

Name of Bidder/Proposer/Contractor/Consultant/Vendor/Supplier or Company

Address

List the names of all principals, partners, and/or trustees. For corporations, provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation:

CALIFORNIA LEVINE ACT STATEMENT

California Government Code Section 84308, also known as the “Levine Act,” can prohibit members of the Visalia City

Council from participating in any action related to a contract if he or she receives any political contributions totaling more than $250 within the previous twelve (12) months, and for twelve (12) months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution(s) by a party to be awarded a specific contract.

The following website contains a list of current Visalia City Council Members, https://www.visalia.city/government/city_council/default.asp. You are responsible for reviewing the names of Visalia

City Council Members prior to making the following disclosure:

1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to a Visalia City Council Member in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any City Council action related to this contract?

YES:_____ NO:_____ If yes, please identify the City Council Member(s) and date(s) of contribution in the space below:

Council Member(s) Name Date of Contribution(s)

Answering YES, does not preclude the City of Visalia from awarding a contract to your firm or from taking any subsequent action related to the contract. It does, however, preclude the identified Visalia City Council Member(s) from participating in any actions related to this contract.

NOTICE: The disclosure duty under state law continues for twelve (12) months after the award. If the above information regarding contributions changes during this time after the award, then the awardee is required to update this disclosure form.

Print or Type Name of Bidder/Proposer/Contractor/Consultant/Supplier/Vendor/Company

Signature of Company Authorized Individual Print or Type Name of Authorized Individual https://www.visalia.city/government/city_council/default.asp

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2-8 CERTIFICATION OF ANTI-KICKBACK COMPLIANCE

(48 Stat. 948; 62 Stat. 740; 63 Stat. 108; Title 18 U.S.C. § 8741; and 40 U.S.C. (c))

By submission of a Bid, the BIDDER certifies that it has read the “Anti-Kickback Procedures,” referenced above and that neither it nor any of its employees has performed or participated in any prohibited actions, as defined in that provision, relating to the award of the Contract. By commencing performance of the

Contract work, the selected BIDDER certifies to Anti-Kickback Compliance.

Company: ______________________________________________

Signature: ______________________________________________

Name of Signing Official: ______________________________________________

Title of Signing Official: ______________________________________________

Company Seal:

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2-9 AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE

By submission of a bid, the BIDDER certifies it will comply with the Americans with Disabilities Act, 42

U.S.C., 12101 et. seq., and will maintain compliance throughout the life of this Contract. By commencing performance of the Contract work, the selected BIDDER certifies to the Americans with Disabilities Act compliance.

Company: ______________________________________________

Signature: ______________________________________________

Name of Signing Official: ______________________________________________

Title of Signing Official: ______________________________________________

Company Seal:

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2-10 CERTIFICATE OF NONSEGREGATED FACILITIES

CERTIFICATE OF NONSEGREGATED FACILITIES

(BIDDERS/SUBCONTRACTORS)

1. “Segregated facilities,” as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise.

2. By the submission of a bid, the BIDDER certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The BIDDER agrees that a breach of this certification is a violation of the Equal Opportunity clause in the contract.

3. By submission of the bid, the BIDDER further agrees that (except where it has obtained identical certifications from proposed SUBCONTRACTORs for specific time periods) it will:

a. Obtain identical certifications from proposed SUBCONTRACTORs before the award of subcontracts under which the SUB-BIDDER will be subject to the Equal Opportunity clause;

b. Retain such certifications in its files; and

c. Forward this certification and the following notice to the proposed SUBCONTRACTORs:

NOTICE OF PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT

FOR CERTIFICATION OF NONSEGREGATED FACILITIES

A certificate of Nonsegregated Facilities must be submitted before the award of a subcontract under which the SUBCONTRACTOR will be subject to the equal Opportunity clause. The certification may be submitted either for each SUBCONTRACTOR for all subcontracts during a period (i.e., quarterly, semi-annually, or annually).

4. By commencing performance of the Contract work, the selected BIDDER certifies to the

Nonsegregated Facilities provisions above.

Company:

Business Address:

Signature:

Name:

Title:

Date:

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2-11 IRAN CONTRACTING ACT CERTIFICATION

IRAN CONTRACTING ACT CERTIFICATION

(Public Contract Code Section 2200 et seq.)

As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran

Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct.

Please check one:

___ The Contractor is not:

(1) Identified on the current list of persons and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract

Code Section 2203; or

(2) A financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.

___ The City has exempted the Contractor from the requirements of the Iran Contracting Act of

2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract.

___ The amount of the Contract payable to the Contractor for the Project does not exceed

$1,000,000 over the life of the contract (up to 5 years).

Signature:____________________________________ Printed Name:_________________________

Title:______________________________________ Agency Name:_____________________________

Date:____________________

Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or eligibility to bid on contracts for three years.

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2-12 DEBARMENT AND SUSPENSION CERTIFICATION

DEBARMENT AND SUSPENSION CERTIFICATION

TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29

The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of the owner, partner, director, officer, and manager:

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years;

3. Does not have a proposed debarment pending; and

4. 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.

Note: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the proposal. Signing this Proposal on the signature portion thereof shall constitute signature of this certification.

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2-13 BID PROPOSAL CONTRACT

Accompanying this proposal is $________________________ cash, cashier's check, certified check, or bidder's bond in the amount equal to at least ten percent (10%) of the total bid.

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

IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, director and manager thereof and all stockholders owning more than 10% equity interest in corporation; if a co-partnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last name in full.

Print Name of Corporation or True Name of Firm

Print Officer’s Name or Copartner’s Name and Title

Print Officer’s/Stockholder Name or Copartner’s Name and Title

Print Officer’s/Stockholder Name or Copartner’s Name and Title

Print Officer’s/Stockholder Name or Copartner’s Name and Title

Print Officer’s/Stockholder Name or Copartner’s Name and Title

Licensed in accordance with an act providing for the registration of Contractors, License No.______________________, Class of License(s) _____________________________, License Expiration Date _____________________________________.

Department of Industrial Relations Registration No. _____________________________________.

The representations made herein are made under penalty of perjury. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered non-responsive and shall be rejected by the City of Visalia.

Signature of Authorized Person(s)

Signature Title

Print Name

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NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co-partnership, the true name of the partner or partners authorized to sign contracts on behalf of the co-partnership; and if bidder is an individual, his signature shall be placed above. If signature is by an agent, other than an officer of a corporation or a member of a partnership, a Power of Attorney must be on file with the City Clerk prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized.

Business Address____________________________________________________

Street Address City State Zip Code

Business Telephone Number____________________________

Place of Residence _______________________________________ Dated: ___________

E-mail

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2-14 SUBCONTRACTORS LIST

In accordance with the provisions of Section 2-8 “Designation of Subcontractors,” of the Standard

Specifications, each bidder shall list below the name and location of place of business of each subcontractor who will perform a portion of the contract work in an amount in excess of one-half of one percent of the total contract price or $10,000, whichever is greater. In each instance, the nature and extent of the work to be sublet shall be described.

The general Contractor to whom the contract is awarded will not be permitted, without the written consent of the Engineer, to substitute any person as subcontractor in place of the subcontractor designated in the original bid, or to permit any subcontract to be assigned or transferred, or to allow it to be performed by anyone other than the original subcontractor. The Engineer may consent to the substitution of another person as subcontractor, if the original subcontractor, after having reasonable opportunity to do so, shall fail or refuse to execute, when said written contract is based upon the conditions of the general contract and complies with the subcontractor's written bid.

The failure of the Contractor to specify a subcontractor for any portion of the contract work in excess of one-half of one percent or $10,000 of the total contract price shall be deemed to indicate that the Contractor intends to perform such portion himself. The subletting or subcontracting of work for which is in excess of one-half of one percent or $10,000 of the total contract price, will be allowed only with the written consent of the Engineer.

Complete Columns 1 and 4 and submit with the bid. Complete columns 2 and 3 and submit with the bid or fax to (559) 713-4801 within twenty-four (24) hours after the bid opening. Failure to provide complete information in Columns 1 through 4 within the time frame described may result in a non-responsive bid.

See the following page for the SUBCONTRACTORS LIST table.

In Column 1 the Contractor shall also list the Subcontractor’s Department of Industrial Relations

(DIR) Registration Number. This registration number is required to comply with California Labor

Code provisions including section 1725.5.

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SUBCONTRACTORS LIST

BIDDING AGENCY:________________________________________________

Column 1

Business Name Location, Email Address, Contractor License Number & Class of License, DIR Registration

Number, Column 2

Bid Item No(s).

Column 3

A) Subcontracted

Cumulative

Dollar Amount

B) Subcontracted

Percent of total project

Column 4

Description of

Subcontracted Work

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2-15 CONTRACTOR’S REFERENCE FORM

Name of Proposing Company

Representative Name and Title

Phone Number & E-mail

THIS FORM IS TO BE SUBMITTED WITH BID.

The City reserves the right to require any Contractor to complete and submit this form at any time.

References must not be relatives of the Contractor’s representative or owners. The references given must be for clients with projects similar in size and nature to the proposed project within the last five years. See

Section 2-14 “Contractor Qualification Requirements,” for further instructions.

Reference 1

Client’s name

Description of device/project and total project cost

Contact Person

City and Zip Code

Phone Number

E-mail Address

Reference 2

City and Zip Code

Reference 3

City and Zip Code

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Reference 4

Client’s name

City and Zip Code

Reference 5

City and Zip Code

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SECTION 3 BIDDERS BOND

TO ACCOMPANY BID PROPOSAL

Known all men by these presents:

That we, _______________________________________________ as principal, and

________________________________________ as surety, are held and firmly bound unto the City of

Visalia in the sum of ten percent (10%) of the total amount of the bid of the principal, to be paid to the said

City or its certain attorney, its successors and assigns, for which payment well and truly to be made, we bind ourselves, our heirs, executors, and administrators, successors, or assigns, jointly and severally, firmly by these presented.

In no case shall the liability of the surety hereunder exceed the sum of $____________________.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal has submitted the above mentioned bid to the City of Visalia for certain construction specifically described as follows, for which bids are to be opened at ________________________ on ______________________________ for improvement of:

NOW THEREFORE, if the aforesaid principal is awarded the contract, and within the time and manner required under the specifications, after the prescribed form in accordance with the bid, and files the two bonds with the City of Visalia, one to guarantee faithful performance and the other to guarantee payment of labor and materials, as required by law, then this obligation shall be null and void, otherwise it shall be and remain in full force and virtue.

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BIDDER'S BOND

In the event suit is brought upon this bond by the obligee and judgment is recovered, the surety shall pay all costs incurred by the obligee in such suit, including a reasonable attorney's fee to be fixed by the court.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this

_____________________ day of _____________________________20_____.

_______________________________________(Seal)

Surety

City and Zip Code

NOTE: Signatures of those executing for the surety must be properly acknowledged.

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SECTION 4 CONTRACT

CONTRACT

STATE OF CALIFORNIA

This Contract for the construction of the…