6th Street Sidewalk and Pedestrian Improvement Project.pdf

Federal-aid Project No. CML-5278(022) City of Westmorland – 6th Street Sidewalk Improvement Project 102.116E

PROJECT I

CITY OF WESTMORLAND

6TH STREET SIDEWALK AND PEDESTRIAN IMPROVEMENT PROJECT

BETWEEN CENTER STREET AND B STREET

THG PROJECT NUMBER: 102.116E

FEDERAL-AID PROJECT NUMBER CML-5278(022)

OCTOBER 14, 2026

Federal-aid Project No. CML-5278(022) City of Westmorland – 6th Street Sidewalk Improvement Project 102.116E

Federal-aid Project No. CMLPPL 5174(041) 1 City of Holtville – Pine Avenue Improvement Between 4th and 5th Streets 116.518E

SECTION I -- INVITATION FOR PROPOSALS

CITY OF WESTMORLAND - 6TH STREET SIDEWALK AND PEDESTRIAN IMPROVEMENT PROJECT

BETWEEN CENTER STREET AND B STREET (PROJECT I) - FEDERAL AID PROJECT NO. CML – 5278

(022)

CITY OF WESTMORLAND - 7TH STREET WIDENING FROM CENTER STREET TO MARTIN ROAD

(PROJECT II) – IMPERIAL COUNTY APCD AB 617 CAP 8-13 2026-01

The City of Westmorland is inviting bidders for two (2) projects, listed as follows:

PROJECT I: CITY OF WESTMORLAND - 6TH STREET SIDEWALK AND PEDESTRIAN IMPROVEMENT PROJECT BETWEEN CENTER STREET AND B STREET (PROJECT I) - FEDERAL AID PROJECT NO. CML – 5278 (022), hereinafter referred to as “CMAQ 6th St. Project.”

PROJECT II: CITY OF WESTMORLAND - 7TH STREET WIDENING FROM CENTER STREET TO MARTIN ROAD (PROJECT II) – IMPERIAL COUNTY APCD AB 617 CAP 8-13, hereinafter referred to as “APCD 7th St. Project.”

While these projects are bundled for award purposes, they will be administered separately and independently following the bid opening. The specific Invitation for Proposals for each project is hereby incorporated by reference.

Bidders must submit separate proposals for each project. The contract will be awarded to the responsive and responsible bidder with the lowest Combined Total Bid (the sum of Project I and Project II). The City reserves the right to reject any or all proposals and to waive any irregularities in the bidding process.

Sealed proposals will be received at the City Hall, City of Westmorland, 355 South Center Street, Westmorland, California 92281 until 2:00 p.m. prevailing local time, Tuesday, November 17, 2026. At such time, all Combined Total Bid Proposals of Project I and Project II will be publicly opened and read aloud. No late proposals will be accepted.

Bidders must submit three (3) separate sealed envelopes, clearly labeled with the bidder’s name, address, and the following titles:

1. Sealed Proposal for PROJECT I – CMAQ 6th Street Project

2. Sealed Proposal for PROJECT II – APCD 7th Street Project

3. Sealed Proposal for Combined Total Bid Summary Form

Each envelope must clearly display the bidder’s name, address, and a description of its contents as specified above. Only the sealed envelope containing the Combined Total Bid Summary Form will be opened at Bid Opening.

PROJECT I DESCRIPTION: The work is located in the City of Westmorland, County of Imperial, State of California.

The City of Westmorland has received federal funding to improve the south side of 6th Street between Center Street and B Street. The work includes the installation of P.C.C. sidewalk, driveway, curb and gutter, and pavement repair along the south side of 6th Street between Center Street and B Street within the City of Westmorland.

PROJECT II DESCRIPTION: The work is located in the City of Westmorland, County of Imperial, State of California. The City of Westmorland has received AB 617 funding through the Imperial County APCD to improve 7th Street between Martin Road and Center Street. The work includes the installation of P.C.C. sidewalk, driveway, curb and gutter, and pavement widening along 7th Street between Martin Road and Center Street within the City of Westmorland.

Proposals shall conform to the requirements of this Invitation for Proposals and other documents listed herein and any addenda thereto issued in advance of the proposal opening date.

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Prospective Bidders shall be licensed Contractors in the State of California and shall be skilled and regularly engaged in the general class or type of work called for under the Contract. Each Bidder shall have a Class A California Contractor’s license. All subcontractors shall have a Class A, B, or C California Contractor’s license appropriate for the work to be constructed.

The specifications and improvement plans setting forth requirements and the work to be performed are comprised of the following: Invitation for Proposals; Instructions to Bidders; Caltrans LAPM Forms (Project I Only); Prevailing Wage Rates; Proposal Forms; Contract and Bond Forms; General Conditions; Special Conditions;

Technical Conditions; Improvement Plans; and all addendum(a).

Only those firms that have purchased the bid documents will be provided any addendum(a) that may be issued for these projects prior to the bid opening date.

Bid security shall accompany the bid in the form of a certified or cashier’s check, or a Bid Bond for ten percent (10%) of the maximum bid amount being proposed. The successful bidder shall furnish a payment bond and a performance bond, both equal to 100% of the contract amount.

Funding and State/Federal Requirements Project I (CMAQ 6th Street Project) is funded by the Congestion Mitigation and Air Quality (CMAQ) Improvement Program and is subject to all applicable federal regulations, reporting requirements, and the Build America, Buy America (BABA) Act. For Project I, all permanently incorporated iron, steel, manufactured products, and construction materials must be produced in the U.S. Manufactured products must meet U.S. final assembly requirements and applicable domestic content thresholds, except as permitted by 23 CFR 635.410 or other FHWA-approved waivers. Project II (APCD 7th Street Project) is funded through the Imperial County APCD AB 617; federal requirements do not apply.

Prevailing Wage Requirements Project I (CMAQ 6th Street Project) is subject to both Federal Davis-Bacon and State of California prevailing wage requirements. Predetermined minimum wage rates are set forth in the Bid Documents. If there is a difference between the state and federal rates for the exact same craft or classification, the Contractor and all subcontractors must pay the higher of the two rates. Both projects are subject to compliance monitoring and enforcement by the California Department of Industrial Relations. Project II (APCD 7th Street Project) is subject to the State of California prevailing wage requirements only.

A mandatory pre-bid conference is scheduled for Thursday, October 29, 2026, at 10:00 a.m. at Westmorland City Hall, 355 South Center Street, Westmorland, California 92281. This conference is to inform bidders of project requirements and subcontractors of subcontracting and material supply opportunities. Bidders' attendance at this conference will be mandatory.

The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424- 9071. The service is available 24 hours 7 days a week, and is confidential and anonymous. The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General.

In the case where a bidder claims an inadvertent clerical error in listing subcontractors, a notice of the claim must be submitted to the City Clerk in writing within two (2) working days after the time of the bid opening, and copies must be sent to the subcontractors involved.

Copies of the contract documents are available for examination without charge during normal business hours of The Holt Group, Inc., at 1601 North Imperial Avenue, El Centro, California 92243, Phone (760) 337-3883. Copies of contract documents may be obtained from The Holt Group, Inc. by making a non-refundable payment of One Hundred Dollars ($100.00) payable to The Holt Group, Inc. for each set of said contract documents.

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Technical questions shall be addressed to The Holt Group, Inc., at least seven (7) days prior to the Bid Opening Date.

Dated: Wednesday, October 14, 2026 Published: The Desert Review Christine Pisch, City Clerk Wednesday, October 14, 2026 City of Westmorland Wednesday, October 21, 2026

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SECTION II -- INSTRUCTIONS TO BIDDERS

1. GENERAL

1.1 Bidding Procedures:

Each bidder, by submitting its bid, represents that it understands the scope of work and its obligation with respect to performance. All bidders must submit their proposals on the forms provided. To be valid, a bid must be received at the place and before the time designated, or prior to any extension granted by an addendum. No bidder may withdraw, adjust or modify its bid for a period of sixty (60) days after the acceptance of bids. Addenda will be provided to each bidder of record and will be placed on file at the location for bidding documents. Should there be reasons why the contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the City and the bidder.

The bidder’s attention is directed to the special provisions as contained within Section III of the

Instruction for Bidders, Caltrans Standard Specifications and Special Provisions for the requirements and conditions which the bidder must observe in the preparation of the proposal form and the submission of the bid.

In addition to the subcontractors required to be listed in conformance with Section 2-1.054, “Required Listing of Proposed Subcontractors”, of the Caltrans Standard Specifications, each proposal shall have listed therein the portion of work that will be completed by each subcontractor listed. A sheet for listing the subcontractors is included within the Proposal Forms.

The form of Bidder’s Bond mentioned in the last paragraph in Section 2-1.07, “Proposal

Guaranty”, of the Caltrans Standard Specifications is included with the Proposal Forms.

In conformance with Public Contract Code Section 7106, a Noncollusion Affidavit is included in the Proposal. Signing the Proposal shall also constitute signature of the Noncollusion Affidavit.

The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of Department of Transportation (DOT) assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. Each subcontract signed by the bidder must include this assurance.

1.2 Examination of Bidding Documents:

1.2.1 All interpretations and/or corrections of the bidding documents shall be in writing by The

Holt Group, Inc., in the form of addenda. No other interpretations or corrections shall be considered valid for bidding purposes. Any bidder planning to submit a proposal is responsible for examining with appropriate care the complete specifications and all addenda, and is also responsible for informing itself with respect to all conditions that might in any way affect the performance of any work.

1.2.2 The Contract Documents contain the provisions required for the construction of the project.

Information obtained from an officer, agent, or employee of the City or any other person shall not affect the risks or obligations assumed by the Contractor or relieve the Contractor from fulfilling any of the conditions of the contract.

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1.3 Qualification of Bidders:

1.3.1 Each bidder, by submitting its bid, represents that it is qualified to perform the scope of the work for which it submits its proposal. It further represents that it can do so in the time specified. Each bidder shall submit with its proposal an experience statement substantially in the form included in Proposal Forms. The City may make such investigations as deemed necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City all such information and data for this purpose as the City may request.

The City reserves the right to reject any bid if the evidence submitted by, or investigation of such bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional or qualified bids will not be accepted.

1.4 Preparation and Submission of Proposals:

1.4.1 Proposals shall be submitted on the unbound copy of the forms provided with the bound specifications. The copy shall be properly executed as described above, and any interlineations, alterations, or erasures shall be formally explained and initialed by the bidder.

Failure to comply with this requirement may be cause for rejection of the proposal. Each proposal shall show the full legal name and business address of the bidder, including its street address, and shall be signed with the usual signature of the person or persons authorized to bind the bidder and shall be dated. Proposals by a partnership or joint venture shall list the full names and addresses of all partners or joint venturers. The State of Incorporation shall be stated in the proposal when the corporation is a party as a bidder. The name of each signatory shall be typed or otherwise clearly imprinted below each signature.

When requested by the City, satisfactory evidence of the authority of any signatory on behalf of the bidder shall be furnished. The proposal shall be enclosed in a sealed envelope, distinctly marked "proposal" and bearing the project title as given and the name and address of the bidder.

1.4.2 All bids must be made on the required bid form. All blank spaces for bid prices must be filled in, in ink or typewritten, and the bid form must be completed and executed when submitted. Only one copy of the bid form is required.

1.5 Site Inspection and Conditions:

1.5.1 In addition to examination of the specification, each prospective bidder shall make whatever other arrangements are necessary to become fully informed regarding all existing and expected conditions and matters which could affect any work or performance of any work in any way, and especially the cost of performing any work. Arrangements may be made for visiting the project area by contacting the Engineer. Any failure to fully investigate the site or the foregoing conditions shall not relieve the bidder from the responsibility for estimating properly the difficulty or cost of successfully performing any work. Neither the City nor any of its representatives or agents assume the responsibility for any understanding or representation made by the City or any of its representatives or agents prior to the execution of a contract pursuant to the specification.

1.5.2 Bidders must satisfy themselves of the accuracy of the estimated quantities on the drawings by examination of the site and a review of the drawings and specifications including addenda.

After bids have been submitted, the bidder shall not assert that there was a misunderstanding concerning the quantities of work or of the nature of the work to be done.

1.6 Proposal Openings and Award of Contracts:

Proposals will be kept unopened until the time stated for opening of proposals. At such time, the contents of the proposals will be made public. No responsibility shall be attached to the City or any of its officers, employees or representative for the premature opening of proposals. All bidders or their authorized representatives are invited to be present at the proposal opening.

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The successful bidder will be notified in writing by the City of the award of contract within sixty

(60) calendar days after opening of proposals. Accompanying the City's Notice of Award will be the contract, which the successful bidder will be required to sign and return, together with the payment bond and insurance coverage. All of the above documents shall be returned to the City within ten (10) calendar days following receipt of the Notice of Award. The City will promptly determine whether such contract, bonds, certificates of insurance and other required documents are as required by the specifications, and upon such determination will forward a fully signed copy of the contract and a Notice to Proceed to the successful bidder, provided that the City reserves the right to issue a Notice to Proceed at any time prior to forwarding such contract. The failure of any bidder to whom the City may award the contract as aforesaid to properly sign and return to the City the contract, together with the required payment bond, performance bond, certificates of insurance and other documents within the specified time period, shall entitle the City to declare a breach of contract by such bidder, to award the contract to another bidder in accordance with the provisions of the specifications, and to declare a forfeiture of the bidders proposal security accompanying its proposal. In the event of such failure, the City will suffer damage, the amount of which is difficult, if not impossible, to ascertain, and the City shall therefore be entitled to retain the amount of such cashier's or certified check, or to enforce the provisions of said bid bond in the amount thereof, as liquidated damages for such breach of contract.

The City will return the bonds of all except the three lowest responsible bidders. When the agreement is executed, the bonds of the two remaining unsuccessful bidders will be returned.

The bid bond of the successful bidder will be retained until the contract, insurance certificate, payment bond and performance bond have been approved by the City Attorney. A cashier's check may be used in lieu of a bid bond.

1.7 Acceptance or Rejection of Bids:

The contract will be awarded to the lowest, responsive, responsible bidder of the Combined Total Bid of the two (2) bundled projects, Project I and Project II, as described within the Invitation for Proposals section of the Project Specifications. The City reserves the right to accept or reject any and all bids and to waive any informality or irregularity in any bid received.

1.8 Worker's Compensation Notice:

1.8.1 As required by §1860 of the California Labor Code and in accordance with the provisions of

§3700 of said Labor Code, every Contractor shall be required to secure worker's compensation insurance to protect its employees.

1.8.2 In accordance with §1861 of the California Labor Code, the Contractor shall furnish the City a notarized statement as follows" "I am aware of the provisions of §3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of the code, and I will comply with such provisions before commencing the performance of the work of this contract."

1.9 Proposal Security:

No proposal will be considered unless it is accompanied by a proposal security in the form of a certified check or a cashier's check, payable to the order of the City of Westmorland for a sum not less than ten percent (10%) of the total bid as set forth in the bidder's proposal, or a bidder's bond in the same amount executed as surety by a corporation acceptable to the City and authorized to issue such surety bond in the State of California. Such bond shall be in substantial conformity with the form included in Section V, Proposal Forms, of the specifications.

1.10 Bonds and Insurance Policies:

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The bidder to whom the contract award is made shall furnish to the City a performance bond and a payment bond, executed as surety by a corporation acceptable to the City and authorized to issue surety bonds in the State of California. Such bonds shall be substantially in the form included in Section VI of the specifications. Such performance bond and payment bond shall be for one hundred percent (100%) of the total bid as set forth in the bidder's proposal. The entire cost of these bonds shall be borne by the successful bidder. The successful bidder shall, at the time of execution of the contract, deliver to the City two (2) copies of the certificates, on the carrier's forms, attesting to the fact that the required policies of insurance have been obtained.

1.11 Identification of Subcontractors:

In accordance with §4104 of the California Government Code, each bidder, in its bid, shall set forth: (1) The name and location of the place of business of each subcontractor who will perform work or labor, or render services to the Contractor in or about the construction of the work or improvement, in an amount in excess of one-half of one percent (0.50%) of the Contractor's total bid or $10,000.00, whichever is the lesser amount; and (2) The portion of the work which will be done by each such subcontractor. In accordance with §4107 of the California Government Code, no Contractor whose bid is accepted shall without consent of the City either: (a) Substitute any person as a subcontractor in place of the subcontractor designated in the original bid; or (b) Permit any such subcontract to be assigned or transferred, or allow it to be performed by anyone other than the original subcontractor listed in the bid; or (c) Sublet or subcontract any portion of the work in excess of one half of one percent (0.50%) of the Contractor's total bid as to which his original bid did not designate a subcontractor. Penalties for failure to comply with the foregoing sections of the California Government Code are set forth in §§4106, 4110, and 4111 of the Government Code. In the case where a bidder claims an inadvertent clerical error in listing subcontractors, a notice of the claim must be submitted to the City Engineer in writing within two

(2) working days after the time of the bid opening, and copies sent to the subcontractors involved.

1.12 Posting Requirements:

The Contractor shall be required to provide all signs and posters as required by this document.

The Contractor shall place all posters in a conspicuous location at the project site prior to mobilization. The posters shall be securely placed on a billboard. The Contractor shall ensure the posters are maintained at the project site throughout the duration of the project.

2. LABOR STANDARDS REQUIREMENTS

2.1 Wage Rates:

Notice is hereby given that pursuant to §2774 of the Labor Code of the State of California, the Agency has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holidays and overtime work for each craft, classification, or type of worker required to execute the contract. A copy of said prevailing rate of per diem wages is on file in the principal office of the Engineer, to which reference is hereby made for further particulars. Said prevailing wage rate of per diem wages will be made available to any interested party upon request, and a copy thereof shall be posted at each job site.

The California prevailing wage decisions may be found at the following web site:

http://www.dir.ca.gov/DLSR/statistics_Research.html http://www.dir.ca.gov/DLSR/statistics_Research.html

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2.2 Specific Wage Rates for the Project:

This project is funded in total or in part from the Federal Highway Administration (FHWA) through the State of California Department of Transportation. This project must comply with BOTH the Federal Davis Bacon and Related Acts and the California Department of Industrial Relations, prevailing wage requirements.

The Federal Davis Bacon prevailing wage decisions may be found at the following web site:

https://sam.gov/wage-determinations

FOR HARD COPIES, SEE SECTION IV – PREVAILING WAGE RATES

2.3 Statutory Penalty for Failure to Pay Minimum Wages:

In accordance with §1775 of the California Labor Code, the Contractor shall as a penalty to the State or political subdivision on whose behalf a contract is made and awarded, forfeit twenty-five dollars ($25.00) for each calendar day or portion thereof, for each worker paid less than the stipulated prevailing rates for any public work done under the contract by the Contractor or by any subcontractor under the Contractor.

2.4 Statutory Penalty for Unauthorized Overtime Work:

In accordance with §1813 of the California Labor Code, the Contractor shall as a penalty to the State or political subdivision on whose behalf a contract is made or awarded, forfeit twenty-five dollars ($25.00) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which said worker is required or permitted to work more than eight hours in any one (1) calendar day and forty (40) hours in any one (1) calendar week in violation of §§1810-1815 of the California Labor Code.

2.5 Apprenticeship Requirements:

Contractor agrees to comply with §§1777.5, 1777.6 and 1777.7 of the California Labor Code relating to the employment of apprentices. The responsibility for compliance with these provisions is fixed with the prime Contractor for all apprenticeable occupations, where journeymen in the craft are employed on the public work, in a ratio of not less than one (1) apprentice for each five (5) journeymen (unless an exemption is granted in accordance with §1777.5) and Contractors and subcontractors shall not discriminate among otherwise qualified employees as indentured apprentices on any public work solely on the ground of race, religious creed, color, national origin, ancestry, sex, or age, except as provided in §3077 of the Labor Code. Only apprentices, as defined in §3077, who are in training under apprenticeship standards and who have signed written apprentice agreements will be employed on public works in apprenticeable occupations.

2.6 Labor Compliance Documentation Requirements:

It is the prime contractors’ responsibility to provide all labor compliance documentation completely and accurately in a timely manner.

It is the prime contractors’ responsibility to provide all labor compliance documentation from its subcontractors completely and accurately in a timely manner. The prime contractor is responsible to review promptly and then forward on all required documentation to the awarding agency per the time schedules in the Labor Compliance Handout. Included with the Labor Compliance Handout, the awarding agency will provide training, documentation requirements, forms, etc at the preconstruction conference or at a time designated by the awarding agency.

In the event, during the review process of labor compliance documentation from the awarding agencies labor compliance monitor, inaccurate, missing or incomplete information was provided, https://sam.gov/wage-determinations

Federal-aid Project No. CMLPPL 5174(041) 9 the labor compliance monitor will request from the prime contractor the items, revisions and documentation needed. The cost of this additional labor compliance enforcement will be borne by the prime contractor.

2.7 Public Works Projects Required Bid Language:

Required contract language for all state Public Works construction contracts between an awarding agency and the prime contractor; and subcontractor contracts with the prime contractor.

This Public Works project is funded by Agencies in California and requires compliance with the California Labor Standards, California Code of Regulations pertaining to Public Works projects, California Labor Codes and the California prevailing wage requirements with special attention to CLC 1720, CLC 1727, CLC 1729, CLC 1770, CLC 1777.5, CLC 1776, CLC 1810 through 1815 and

CLC 3700.

CLC Section 1720; State prevailing wage rates shall apply when the State wage rate is higher than the Federal wage rate. All contractors and subcontractors are subject to the application of Section 1720 et seq. of the California Labor Code which details the regulations and procedures governing the payment of State prevailing wages.

CLC Section 1727; (a) Before making payments to the contractor of money due under a contract for public work, the awarding body shall withhold and retain there from all amounts required to satisfy any civil wage and penalty assessment issued by the Labor Commissioner under this chapter. The amounts required to satisfy a civil wage and penalty assessment shall not be disbursed by the awarding body until receipt of a final order that is no longer subject to judicial review.

CLC Section 1729; It shall be lawful for any contractor to withhold from any subcontractor under him sufficient sums to cover any penalties withheld from him by the awarding body on account of the subcontractor's failure to comply with the terms of this chapter, and if payment has already been made to the subcontractor the contractor may recover from him the amount of the penalty or forfeiture in a suit at law.

CLC Section 1770; The Director of the Department of Industrial Relations shall determine the general prevailing rate of per diem wages in accordance with the standards set forth in Section 1773, and the director's determination in the matter shall be final except as provided in Section

1773.4. Nothing in this article, however, shall prohibit the payment of more than the general prevailing rate of wages to any workman employed on public work. Nothing in this act shall permit any overtime work in violation of Article 3 of this chapter.

CLC Section 1777.5; All contractors and subcontractors are subject to the provisions of Section

1777.5 of the California Labor Code which requires that every employer employ registered apprentices and deduct training contributions from all journeymen and apprentices prevailing wage rates and submit these contributions to and approved apprenticeship training facility in accordance with the provisions of the code.

CLC Section 1776; (a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

(1) The information contained in the payroll record is true and correct.

(2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project.

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(b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis:

(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request.

(2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations.

(3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public may not be given access to the records at the principal office of the contractor.

CLC Sections 1810-1814; All contractors and subcontractors are subject to the provisions of Sections 1810-1814 of the California Labor Code which provide that the maximum hours a worker is to be employed is limited to eight hours a day and 40 hours a week and the contractor or subcontractor shall forfeit, as a penalty, $25 for each worker employed in the execution of the contract for each calendar day during which a worker is required or permitted to labor more than eight hours in any calendar day or more than 40 hours in any calendar week and is not paid overtime.

CLC Section 1815 of the California Labor Code requires that notwithstanding the provisions of Sections 1810-1814, employees of contractors who work in excess of eight hours per day and 40 hours per week shall be compensated for all hours worked in excess of eight hours per day at not less than l-l/2 times the basic rate of pay.

CLC Section 1860; The awarding body shall cause to be inserted in every public works contract a clause providing that, in accordance with the provisions of Section 3700 of the Labor Code, every contractor will be required to secure the payment of compensation to his employees.

CLC Section 1861; Each contractor to whom a public works contract is awarded shall sign and file with the awarding body the following certification prior to performing the work of the contract: "I am aware of the provisions of Section 3700 of the Labor Code which require 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."

CLC Section 3700; All contractors and subcontractors are subject to the provisions of Section 3700 of the California Labor Code which requires that every employer be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of the code.

2.8 SB 854 Requirements

1. PUBLIC WORKS CONTRACTOR REGISTRATION PROGRAM

All contractors and subcontractors who bid on or perform work on a public works project must be currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5. It is the bidder’s responsibility to ensure that they and all listed subcontractors

Federal-aid Project No. CMLPPL 5174(041) 11 have a valid registration with the DIR Public Works Contractor Registration System at the time of bid.

2. BID PROPOSAL REQUIREMENTS

Registration Prerequisite: No contractor or subcontractor may be listed on a bid proposal for a public works project unless currently registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

Award and Contract Restriction: No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

Proof of Registration: The Bidder shall provide the DIR Registration Number for the prime contractor and all listed subcontractors as part of the bid proposal. Failure to provide valid registration numbers may result in the bid being declared non-responsive.

3. COMPLIANCE MONITORING AND ENFORCEMENT

DIR Oversight: This project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations pursuant to Labor Code section 1771.4.

Electronic Certified Payroll: The Contractor and all subcontractors shall furnish electronic certified payroll records directly to the Labor Commissioner in the format prescribed by the DIR.

Job Site Notices: The Contractor is required to post all job site notices prescribed by regulation, including those regarding prevailing wage rates and DIR monitoring.

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3. CALTRANS LAPM EXHIBIT 12-G REQUIRED FEDERAL-AID CONTRACT LANGUAGE

The Contractor shall comply with the requirements of the Caltrans Local Assistance Procedures Manual as specified in Exhibit 12-G, as included in this section. The subcontractors and their lower-tier subcontractors shall also comply with the required provisions.

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

Federal-aid Project No. CMLPPL 5174(041) 13

4. Award and Execution of Contract :

The bidder's attention is directed to the provisions in Section 3, "Award and Execution of Contract," of the State of California Department of Transportation Standard Specifications and the Contract Documents for the requirements and conditions concerning award and execution of

Bid protests are to be delivered to the following address:

The Holt Group, Inc.

1601 North Imperial Avenue El Centro, California 92243

(760) 337-3883

The award of the contract, if it be awarded, will be to the lowest, responsible bidder whose bid complies with all the requirements prescribed.

The contract shall be executed by the successful bidder and shall be returned, together with the contract bonds, to the Agency so that it is received within 10 days, not including Saturdays, Sundays and legal holidays, after the bidder has received the contract for execution. Failure to do so shall be just cause for forfeiture of the proposal guaranty. The executed contract documents shall be delivered to the following address:

City of Westmorland 355 South Center Street

Westmorland, California 92281

(760) 344-3411

Exhibit 12-G Required Federal-Aid Contract Language

Local Assistance Procedures Manual

October 2026

Exhibit 12-G: REQUIRED FEDERAL-AID CONTRACT LANGUAGE (For Local Assistance Construction Projects)

The following language must be incorporated into all Local Assistance Federal-aid construction contracts.

The following language, with minor edits, was taken from the Code of Federal Regulations.

MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE UNDER THIS

SECTION

1. DISADVANTAGED BUSINESS ENTERPRISES (DBE)

A. Nondiscrimination Statement

B. Contract Assurance

C. Prompt Payment of Withheld Funds to Subcontractors

2. BID OPENING

3. BID RIGGING

4. CONTRACT AWARD

5. CONTRACTOR LICENSE

6. CHANGED CONDITIONS

A. Differing Site Conditions

B. Suspensions of Work Ordered by the Engineer

C. Significant Changes in the Character of Work

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

8. BUY AMERICA

9. QUALITY ASSURANCE

10. PROMPT PAYMENT

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

12. FEMALE AND MINORITY GOALS

13. TITLE VI ASSURANCES

14. FEDERAL TRAINEE PROGRAM

15. PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT AND

SERVICES

Local Assistance Procedures Manual Exhibit 12-G

1. DISADVANTAGED BUSINESS ENTERPRISES (DBE)

A. Nondiscrimination Statement The contractor, subrecipient or subcontractor will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin.

B. Contract Assurance Under 49 CFR 26.13(b): The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:

(1) Withholding monthly progress payments;

(2) Assessing sanctions;

(3) Liquidated damages; and/or

(4) Disqualifying the contractor from future bidding as non-responsible.

C. Prompt Payment of Withheld Funds to Subcontractors The Agency may hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The Agency shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by the prime contractor or subcontractor to a subcontractor. The Agency shall include either Method 1, Method 2, or Method 3 below and delete the other two.

Method 1: No retainage will be held by the Agency from progress payments due to the prime contractor.

Prime contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

Method 2: No retainage will be held by the Agency from progress payments due to the prime contractor.

Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor within seven (7) days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval.

Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

Method 3: The Agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within seven (7) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the Agency. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California

Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

Any violation of these provisions of Prompt Progress Payment and Prompt Payment of Withheld Funds to Subcontractors shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.

2. BID OPENING

The Agency publicly opens and reads bids at the time and place shown on the Notice to Contractors.

3. BID RIGGING

The U.S. Department of Transportation (USDOT) provides a toll-free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424- 9071. The service is available 24 hours 7 days a week and is confidential and anonymous. The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General.

4. CONTRACT AWARD

If the Agency awards the contract, the award is made to the lowest responsible and responsive bidder.

5. CONTRACTOR LICENSE

The Contractor must be properly licensed as a contractor from contract award through Contract acceptance (23

CFR 635.110).

6. CHANGED CONDITIONS

A. Differing Site Conditions

1. During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed.

2. Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted.

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

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

[This provision may be omitted by the Local Agency, at their option.]

B. Suspensions of Work Ordered by the Engineer

1. If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.

2. Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted.

3. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed.

4. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.

C. Significant Changes in the Character of Work

1. The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered.

2. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work.