00 RFB-25-26-06 Cameron Creek Linear Recharge Project -Final.pdf

CITY OF VISALIA, CA

ENGINEERING AND BUILDING DEPARTMENT

ENGINEERING DIVISION

REQUEST FOR BID NO. 25-26-06

CONSTRUCTION SPECIFICATIONS

FOR CONSTRUCTION ON

CAMERON CREEK LINEAR RECHARGE PROJECT

IN

CITY OF VISALIA, CA

TULARE COUNTY

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

PROJECT NO. 3010-72000/CP0620-999

Funded by a CA Department of Water Resources - Sustainable Groundwater Management Act

(SGMA) Implementation Grant

Dated: 08/22/25

RFB No. 25-26-06

CAMERON CREEK LINEAR RECHARGE PROJECT

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

Registered Persons

CITY OF VISALIA

Matthew Klinchuch, P.E. 83357

CAMERON CREEK

LINEAR RECHARGE PROJECT August 22, 2025 i

TABLE OF CONTENTS Page No.

NOTICE TO CONTRACTORS

BID PROPOSAL

SECTION 1 BID ITEM PROPOSAL SCHEDULE

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 COMPENSATION INSURANCE

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

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 Liquidated Damages 64-6 Project Size 64-7 Potholing 64-8 Temporary Traffic Control/Work Hours/Order of Work 64-9 Environmental Mitigation & Requirements 64-10 As-Built Plans 64-11 Construction Surveying/Staking 64-12 City-Furnished Materials 64-13 Storage of Materials

LINEAR RECHARGE PROJECT August 22, 2025 ii

64-14 Coordination of Work 64-15 Utility Coordination 64-16 Meetings 64-17 Project Funding Sign 64-18 Rector Check Structure: Pearl Woods Subdivision & Basin Impacts 64-19 Forms 64-20 Surface Water Management 64-21 Building Permits 64-22 Payment for Items Not Covered by Specific Bid Items 64-23 City Standard Specification Sections – State Standards Updates 64-24 Payment for Extra Work 64-25 Standard Specification Amendments 64-26 Copies of Plans and Construction Specifications 64-27 Department of Industrial Relations Requirements, Public Works Contractor Registration

Program and Project Labor Agreements 64-28 Contractor’s Affidavit 64-29 Complete Project

SECTION 65 GENERAL CONDITIONS

65-1 PART 1 - ORDINANCES, REGULATIONS AND CODES

65-2 RELATED DOCUMENTS

65-3 CONSTRUCTION SPECIFICATIONS

65-4 PERMITS AND FEES

65-5 EXAMINATION OF DRAWINGS AND SITE:

65-6 CONDUCT OF THE WORK:

65-7 CONTRACTOR'S RESPONSIBILITY:

65-8 PART 2 - PRODUCTS

65-9 SUBMITTALS:

65-10 SUBSTITUTIONS

65-11 CATALOG DATA AND OPERATING INSTRUCTIONS:

65-12 PART 3 - EXECUTION

65-13 LOCATION & VERIFICATION OF DIMENSIONS:

65-14 EXCAVATION AND BACKFILLING:

65-15 CLEANING UP:

65-16 INTENT:

65-17 GUARANTEE:

SECTION 74 DESCRIPTION OF BASE BID ITEMS

SECTION 75 DESCRIPTION OF ALTERNATE BID ITEMS

75-1 Alternate Bid “A” Rector Check Structure Bid Item Description 75-2 Alternate Bid “B” Rector Check Structure Bid Item Description

SECTION 76 STATE FUNDING REQUIREMENTS

76-1 State Funding Requirements 76-2 City of Visalia Labor Compliance Manual 76-3 State of California Prevailing Wage Determinations

SECTION 77 ATTACHMENTS

77-1 Plans: Cameron Creek Linear Recharge Project 77-2 Project Engineer’s Technical Specifications 77-3 Universal Tower Structural Calcs

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77-4 Innovative Controls SCADA and Industrial Automation 77-5 Environmental Mitigation, Monitoring, and Reporting Program 77-6 Geotech Report KRAZAN 052-24055

77-7 SWHA TAC 2000

77-8 Municipal Code Ch 8.56 Weeds & Property Maintenance 77-9 State Prevailing Wage Determinations 77-10 COV Labor Compliance Manual 77-11 COV Engineering Standard Specifications 77-12 COV Engineering Standard Specifications Amendments 77-13 COV Landscape Standards 77-14 COV Encroachment Permit Policy Manual 77-15 CVRWQCB 401 Water Quality Certification & Order WDID No. 5C54CR00154 77-16 USACE SPK-2024-00616 NWP404 Permit 77-17 CDFW 1602 Permit, EPIMS-TUL-57209-R4, (will be issued via addendum)

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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 Thursday, October 2, 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: CAMERON CREEK LINEAR RECHARGE PROJECT

Project No.: 3010-72000/CP0620-999

RFB No.: 25-26-06

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: 90 working days as specified in Section 60-4 of the specifications.

NON-MANDATORY PRE-BID MEETING: There will be a non-mandatory Pre-Bid meeting held at

9:00 A.M., on Tuesday, September 16, 2025, in the Council Chambers at City Hall, 707 W. Acequia

Avenue, Visalia, CA 93291. The jobsites will not be visited during the pre-bid meeting. It is strongly suggested that the Contractor visit these sites on their own prior to attending the pre-bid meeting or prior to bidding to be aware of all the work involved.

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 Tuesday, September 23, 2025.

SUBSTITUTIONS: Submit requests for substitutions regarding this Project to the Purchasing

Department, by email: purchasing@visalia.city, a minimum of two (2) weeks prior to the Bid Opening

Date.

ENGINEER’S ESTIMATE: The probable construction cost is estimated to be: $1,600,000.

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.

If electronic documents (USB) are requested to be shipped overnight via Fed-ex, the Contractor will be responsible for all shipping charges incurred and will be billed by the shipping company directly.

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.

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

LINEAR RECHARGE PROJECT August 22, 2025 5

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.

Complete and Submit the following with Sealed Bid:

• Section 1 (pgs. 8-10)

Bid Proposal

Acknowledgement of Addenda

• Section 2 Required Bid Proposal Forms (pgs. 11-29)

Public Contract Code Questionnaire

Equal Employment Opportunity Compliance Certificate

Clean Air and Water Pollution Control Certificate

Non-Collusion Affidavit

Workers Compensation Compliance Certificate

Drug Free Workplace Certification

Disclosure Statements

Certification of Anti-kickback Compliance

Americans With Disabilities Act Compliance Certificate

Certificate of Non-Segregated Facilities

Iran Contracting Certification

Debarment and Suspension Certification

Bid Proposal Contract

Subcontractor List, Contractor’s Reference Form,

• Section 3 Bidders Bond/Bid Security (pgs. 30-31)

• All Addenda issued during the bidding process must be signed and submitted with the bid document.

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.

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 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

LINEAR RECHARGE PROJECT August 22, 2025 6 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 25-26-06:

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, included with this RFB document 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 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.

http://www.dir.ca.gov/dlsr/PWD/index.htm

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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

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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/CP0620-9999

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: (F) Indicates Final Pay item

BASE BID SCHEDULE

ITEM

NO.

DESCRIPTION OF WORK QUANTITY UNIT

UNIT

PRICE ($)

TOTAL ($)

1 Mobilization & Demobilization 1 LS

2 Worker & Public Protection 1 LS

3 NPDES/Water Pollution Prevention Compliance 1 LS

4 Dust Control 1 LS

5 Environmental Mitigation & Requirements 1 LS

6 Project Funding Sign 1 EA

Measurement Check Structure

7 Clearing & Grubbing 1 LS

8 Site Earthwork 1 LS

Construct Measurement Check Structure &

Canal Liner

1 LS

10 Furnish & Install Channel Rip-Rap (F) 1,220 SF

11 Furnish & Install Wrought Iron Fence and Gates 58 LF

Furnish & Install Rubicon Flume Gate FGB-

1370-1804

2 EA

13 Furnish & Install Quick Release Board Guide 1 LS

Furnish & Install 30’ Antenna Tower w/Anti-

Climb Shield

1 EA

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15 Furnish & Install Conduit for controls 1 LS

Rector Check Structure

16 Clearing & Grubbing 1 LS

17 Site Earthwork 1 LS

18 Furnish & Install Channel & Basin Rip-Rap (F) 870 SF

19 Furnish & Install Wrought Iron Fence & Gates 54 LF

20 Furnish & Install 18” SDR32.5 PVC Pipeline 47 LF

21 Furnish & Install 18” RGRCP D-25 Pipeline 96 LF

22 Furnish & Install Pre-Cast 18” Flared Inlet 1 LS

23 Furnish & Install 48” Diameter Manhole 1 LS

24 Furnish & Install Flow Meter & Meter Vault 1 LS

Lovers Check Structure

25 Clearing & Grubbing 1 LS

26 Site Earthwork 1 LS

27 Construct Lovers Check Structure & Canal Liner 1 LS

28 Furnish & Install Channel Rip-Rap (F) 938 SF

29 Furnish & Install Wrought Iron Fence & Gates 56 LF

Furnish & Install AquaSystems LOPAC Gate &

Stilling Well

1 LS

31 Furnish & Install Quick Release Board Guide 1 LS

Furnish & Install 40’ Antenna Tower w/Anti-

Climb Shield

1 EA

33 Furnish & Install Conduit for controls 1 LS

TOTAL BASE BID AMOUNT ($) = ___________________

Contractor shall list the bid amounts for the scopes of work indicated below. Refer to Section 75, 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” Rector Check Structure

ITEM

NO.

DESCRIPTION OF WORK QUANTITY UNIT

UNIT

PRICE ($)

TOTAL ($)

Construct Rector Check Structure & Canal

Liner

1 LS

Furnish & Install 30’ Antenna Tower w/Anti-

Climb Shield at the Rector Check Structure

1 EA

Furnish & Install Conduit for controls at the

Rector Check Structure

1 LS

TOTAL ALTERNATIVE BID“A” AMOUNT ($) = ___________________

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Alternate Bid “B” Rector Check Structure

ITEM

NO.

DESCRIPTION OF WORK QUANTITY UNIT

UNIT

PRICE ($)

TOTAL ($)

1 Construct Rector “Rubble Dam” 1 LS

TOTAL ALTERNATIVE BID “B” AMOUNT ($) = __________________

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

TOTAL BID AMOUNT

LOWEST BIDDER will be determined by the LOWEST TOTAL BID AMOUNT WHICH IS THE

TOTAL OF THE BASE BID + ALTERNATE BID “A” + ALTERNATE BID “B” AMOUNT.

The Bid for this project contains a Base Bid and two (2) Alternate Bids. The City reserves the right, as budget allows to award the Base Bid only, or the Base Bid plus one or more Alternate Bids in any combination.

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___

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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.

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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.

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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: ______________________________________________

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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.

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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 of Visalia’s Standard Engineering Specifications “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

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 CAMERON CREEK LINEAR RECHARGE PROJECT, is made between the City of Visalia, (hereinafter “the City”), and

_______________________________________, (hereinafter referred to as Contractor) both parties having authority to enter into this Contract do agree to the following:

ARTICLE I - For and in consideration of the payments hereinafter mentioned to be made by the City, and under the conditions expressed in this Contract and Contract Documents (as those terms are defined in City of Visalia Standard Specifications), including the bonds submitted with this Contract, Contractor agrees at his own cost and expense, to do all the work and furnish all the materials necessary to construct and complete in a good, workmanlike,…