FOR CONSTRUCTION OF GEYSERS ROAD STORM DAMAGE …

COUNTY OF SONOMA DEPARTMENT OF TRANSPORTATION

AND PUBLIC WORKS

(http://www.sonoma-county.org/tpw)

BID BOOK FOR CONSTRUCTION OF

GEYSERS ROAD STORM DAMAGE REPAIR

(C11605, C11604 AND C21602) PM 23.78, 29.77 AND 36.75

COUNTY PROJECT NO. C11605, C11604 AND C21602 FEDERAL PROJECT NO. SNCOC08, SNCOC07 AND SNCOC85

FOR USE IN CONNECTION WITH CALTRANS STANDARD SPECIFICATIONS DATED 2015, STANDARD PLANS DATED 2015, CURRENT GENERAL PREVAILING WAGE RATES AND

LABOR SURCHARGE AND EQUIPMENT RENTAL RATES.

BID OPENING DATE: 2:00 P.M., SEPTEMBER 15, 2020 ADDENDUM NO. 0 1 2 3 4 5

http://www.sonoma-county.org/tpw

BIDDER'S BOOK

TABLE OF CONTENTS

Contents PROPOSAL ....................................................................................................................................................................... 1 BID ITEM LIST (PROPOSAL)......................................................................................................................................... 3 ADDENDUM ACKNOWLEDGMENT............................................................................................................................ 8 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION...................................................................................... 9 LIST OF SUBCONTRACTORS ..................................................................................................................................... 10 SUBCONTRACTOR PAYMENT DECLARATION ..................................................................................................... 11 PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT................................................................................. 12 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE ........................................................................... 13 PUBLIC CONTRACT SECTION 10232 STATEMENT................................................................................................ 13 NONCOLLUSION AFFIDAVIT..................................................................................................................................... 14 NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS................................................................. 15 DEBARMENT AND SUSPENSION CERTIFICATION ............................................................................................... 16 DISCLOSURE OF LOBBYING ACTIVITIES............................................................................................................... 17 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES ........................ 18 MBE/WBE INFORMATION —GOOD FAITH EFFORTS ........................................................................................... 20 BIDDER’S BOND ........................................................................................................................................................... 23 BIDDER'S BOND - DECLARATION ............................................................................................................................ 24 CONTRACT .................................................................................................................................................................... 25 CONTRACT EXHIBIT “A” ............................................................................................................................................ 31 GUARANTEE ................................................................................................................................................................. 45 CONTRACT BOND- PERFORMANCE ........................................................................................................................ 47 CONTRACT BOND- PAYMENT .................................................................................................................................. 48

PROPOSAL

TO THE BOARD OF SUPERVISORS OF SONOMA COUNTY, SANTA ROSA, CALIFORNIA

(Do Not Detach)

(www.sonoma-county.org/tpw)

FOR CONSTRUCTION OF

GEYSERS ROAD STORM DAMAGE REPAIR COUNTY PROJECT NO. C11605, C11604 AND C21602

NAME OF BIDDER: Granite Construction Company

BUSINESS ADDRESS: 1324 South State Street

CITY, STATE, ZIP: Ukiah, CA 95482

TELEPHONE NO: 707.467.4104 FAX NO: 707.467.4143

EMAIL [email protected]

CONTRACTOR LICENSE NO: 89

LOCATION

The work to be done and referred to herein is in Sonoma County, State of California, of a replacement of fire damaged guardrail on various County Roads and shall be constructed in accordance with the Special Provisions (including the payment of not less than the minimum wage rates set forth therein) and the contract annexed hereto and also in accordance with the Standard Plans, dated 2015, the Standard Specifications, dated 2015, the current General Prevailing Wage Rates according to the California Department of Industrial Relations, and the current issue of the California Department of Transportation publication entitled "Labor Surcharge and Equipment Rental Rates," on file with the California Department of Industrial Relations (telephone 415 703-4774).

Bids are submitted for the entire work. The total amount of the bid for comparison purposes will be determined on the basis of item price and then the total of the individual items. The total of unit basis items will be determined by extension of the item price bid on the basis of the estimated quantity set forth for the item.

The bidder shall set forth for each item of work, in clearly legible figures, an item price and a total of the item in the respective spaces provided for this purpose. In the case of unit basis items, the amount set forth under the "Total" column shall be the extension of the item price bid on the basis of the estimated quantity for the item.

In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in (a) or (b), as follows:


mailto:[email protected]

(a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount as the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price;

(b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage-wise the unit price or item total in the County of Sonoma’s Final Estimate of cost.

If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided.

Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have no significance in establishing any unit price or item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a dollar. Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the item total, the items total shall prevail.

The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every omission, inconsistency, error or other irregularity which may occur in a bid. Any situation not specifically provided for will be determined in the discretion of the County of Sonoma, and that discretion will be exercised in the manner deemed by the County of Sonoma to best protect the public interest in the prompt and economical completion of the work. The decision of the County of Sonoma respecting the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final.

It is hereby agreed that the undersigned, as bidder, shall furnish a Faithful Performance Bond and a Labor and Materials Bond, each in the amount of one hundred percent (100%) of the total amount of this Proposal, to the County of Sonoma and at no expense to said County, executed by a responsible surety acceptable to said County, in the event that this Proposal is accepted by said County of Sonoma.

If this Proposal shall be accepted and the undersigned shall fail to contract as aforesaid and to give the bond in the sum to be determined as aforesaid, with surety satisfactory to the Department of Transportation and Public Works of Sonoma County, within 8 days, not including Saturdays, Sundays and legal holidays, after the bidder has received notice that the contract has been awarded, the Department of Transportation and Public Works 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 County of Sonoma.

The undersigned, as bidder, declares that the only persons or parties interested in the Proposal as principals are those named herein; that this Proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of contract, and the plans therein referred to; and he proposes and agrees if this Proposal is accepted that he will contract with the County of Sonoma, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefor the following item prices, to wit:

BID ITEM LIST (PROPOSAL)

GEYSERS ROAD STORM DAMAGE REPAIR - C11605, C11604 AND C21602

BID ITEM NO.

S/F CODE ITEM DESCRIPTION UNIT QUANT ITY

UNIT PRICE ITEM TOTAL

1 070030 LEAD COMPLIANCE PLAN LS 1 1,000.00 $1,000.00

2 080050 PROGRESS SCHEDULE (CRITICAL PATH METHOD)

LS 1 3,500.00 $3,500.00

3 100100 DEVELOP WATER SUPPLY LS 1 2,500.00 $2,500.00

4 120090 CONSTRUCTION AREA SIGNS LS 1 7,490.00 $7,490.00

5 120100 TRAFFIC CONTROL SYSTEM LS 1 35,500.00 $35,500.00

6 120101 FLAGGING FA 100000 1 $100,000.00

7 120152 TEMPORARY PAVEMENT MARKING (TAPE)

SQFT 60 12 $720.00

8 120182 PORTABLE DELINEATOR EA 200 35 $7,000.00

9 128650 PORTABLE CHANGEABLE MESSAGE SIGN

EA-DY

1200 10 $12,000.00

10 129000 TEMPORARY RAILING (TYPE K) LF 180 50 $9,000.00

11 130100 JOB SITE MANAGEMENT LS 1 8,500.00 $8,500.00

12 130200 PREPARE WATER POLLUTION CONTROL PLAN

LS 1 3,500.00 $3,500.00

13 130620 TEMPORARY DRAINAGE INLET PROTECTION

EA 10 300.00 $3,000.00

14 130640 TEMPORARY FIBER ROLL LF 2280 6 $13,680.00

15 130710 TEMPORARY CONSTRUCTION ENTRANCE

EA 6 1,800.00 $10,800.00

16 130730 STREET SWEEPING LS 1 7,500.00 $7,500.00

17 130900 TEMPORARY CONCRETE WASHOUT

LS 1 14,100.00 $14,100.00

18 146002 CONTRACTOR-SUPPLIED BIOLOGIST (LS)

LS 1 0 0

19 160110 TEMPORARY HIGH-VISIBILITY FENCE

LF 210 20 $4,200.00

20 170103 CLEARING AND GRUBBING (LS) LS 1 55,250.00 $55,250.00

21 190101 ROADWAY EXCAVATION CY 1330 80.00 $106,400.00

22 F 192037 STRUCTURE EXCAVATION (RETAINING WALL)

CY 783 180.00 $140,940.00

23 F 192049 STRUCTURE EXCAVATION (SOLDIER PILE WALL)

CY 223 140.00 $31,220.00

24 F 193013 STRUCTURE BACKFILL (RETAINING WALL)

CY 430 125.00 $53,750.00

25 F 193029 STRUCTURE BACKFILL (SOLDIER PILE WALL)

CY 226 225.00 $50,850.00

26 F 193116 CONCRETE BACKFILL (SOLDIER PILE WALL)

CY 391 300.00 $117,300.00

27 F 193119 LEAN CONCRETE BACKFILL CY 103 210.00 $21,630.00

28 205034 DECOMPOSED GRANITE SQFT 60 40.00 $2,400.00

29 210270 ROLLED EROSION CONTROL PRODUCT (NETTING)

SQFT 6500 0.63 $4,095.00

30 210300 HYDROMULCH SQFT 6500 0.36 $2,340.00

31 260203 CLASS 2 AGGREGATE BASE (CY)

CY 560 120.00 $67,200.00

32 390102A ASPHALT CONCRETE (TYPE A, 1/2" MAX, PG 64-16)

TON 320 300.00 $96,000.00

33 394002 PLACE ASPHALT CONCRETE (MISCELLANEOUS AREA)

SQYD 12 85.00 $1,020.00

34 394040 PLACE ASPHALT CONCRETE DIKE (TYPE A)

LF 480 16.00 $7,680.00

35 398300 REMOVE BASE AND SURFACING

CY 15 100.00 $1,500.00

36 460210 GROUND ANCHOR (SUBHORIZONTAL)

EA 41 6,200.00 $254,200.00

37 F 475011A RETAINING WALL (MODULAR BLOCK)

LS 1 31,050.00 $31,050.00

38 490310 STEEL SOLDIER PILE (HP 12 X 53)

LF 3178 86.00 $273,308.00

39 490409 42" DRILLED HOLE LF 1408 140.00 $197,120.00

40 490603 24" CAST-IN-DRILLED-HOLE CONCRETE PILING

LF 847 225.00 $190,575.00

41 F 510060 STRUCTURAL CONCRETE, RETAINING WALL

CY 244 1,325.00 $323,300.00

42 F 510094A STRUCTURAL CONCRETE, DRAINAGE INLET

EA 1 4,200.00 $4,200.00

43 F 515004A PRECAST CONCRETE LAGGING SQFT 2804 70.00 $196,280.00

44 F 520103 BAR REINFORCING STEEL (RETAINING WALL)

LB 24635 1.80 $44,343.00

45 590120 CLEAN AND PAINT STEEL SOLDIER PILING

LS 1 107,330.00 $107,330.00

46 600021 REMOVE RETAINING WALL (LS) LS 1 51,000.00 $51,000.00

47 600027A REMOVE STEEL SHEET PILING (PORTION) (LS)

LS 1 9,500.00 $9,500.00

48 665011 12" CORRUGATED STEEL PIPE (0.064" THICK)

LF 37 125.00 $4,625.00


LF 8 425.00 $3,400.00


LF 110 210.00 $23,100.00

51 680411 12" PERFORATED STEEL PIPE UNDERDRAIN (0.064" THICK)

LF 300 100 $30,000.00

52 691900 FLUME DOWNDRAIN LF 10

215.00 $2,150.00

53 692001 ENTRANCE TAPER EA 1 1,200.00 $1,200.00

54 692101 TAPERED INLET EA 1

1,200.00 $1,200.00

55 700637 36" CORRUGATED STEEL PIPE INLET (.064" THICK)

LF 31 800.00 $24,800.00

56 703233 GRATED LINE DRAIN LF 180 100.00 $18,000.00

57 F 721015 ROCK SLOPE PROTECTION (LIGHT, METHOD B) (CY)

CY 7

500.00 $3,500.00

58 729012 ROCK SLOPE PROTECTION FABRIC (CLASS 10)

SQYD 17 5.00 $85.00

59 F 750001 MISCELLANEOUS IRON AND STEEL

LB 1030

5.00 $5,150.00

60 750008 FRAME AND COVER EA 4 1,100.00 $4,400.00

61 820250 REMOVE ROADSIDE SIGN EA 2 125.00 $250.00

62 832006 MIDWEST GUARDRAIL SYSTEM (STEEL POST)

LF 340

30.00 $10,200.00

63 F 833085 PIPE HANDRAILING LF 25 175.00 $4,375.00

64 839539 TERMINAL SYSTEM (TYPE SKT) EA 4 4,200.00 $16,800.00

65 839607A CRASH CUSHION (SHORTRACC) EA 2 18,000.00 $36,000.00

66 F 839740A CALIFORNIA ST-75 BRIDGE RAIL

LF 180 400.00 $72,000.00

67 840501 THERMOPLASTIC TRAFFIC STRIPE

LF 1350 6.00 $8,100.00

68 999990 MOBILIZATION LS 1 253,750.0 0

$253,750.00

69 999998 GUARANTEE LS 1 2,500.00 $2,500.00

TOTAL

$3,211,356.00

ADDENDUM ACKNOWLEDGMENT

Bidder acknowledges receipt of the following addenda, which are to become part of the Plans, Special Provisions and Estimate:

Addendum No.: One (1) Date: August 18, 2020

Addendum No.: Two (2) Date: August 21, 2020

Addendum No.: Three (3) Date: August 28, 2020

Addendum No.: Four (4) Date: September 1, 2020

Addendum No.: Date:

(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A

PART OF THIS PROPOSAL)

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION

The bidder, Granite Construction Company proposed subcontractor --------------------------------------------------------------------- hereby certifies that they have X / have not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, they have filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President’s Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.

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

Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

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

LIST OF SUBCONTRACTORS

In accordance with the provisions of Section 4104 to 4113, inclusive of the Public Contract Code, each bidder shall list below the name and location of place of business of each subcontractor who will perform a portion of that contract work in an amount in excess of one-half of the one per-cent of the total bid or $10,000, whichever is greater. (Note: Bidder’s attention is directed to Section 5-1.30 “Subcontracting,” of the Special Provisions in completing this form.)

Complete columns 1, 2, 3, 4, and 5 and submit with the bid. Failure to provide complete information in columns 1 through 5 within the time specified may result in a nonresponsive bid.

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

Subcontractor Subcontractor Bid Item Percentage of Description of Business Name License Number Bid Item Subcontracted Work and Location Number (s) Subcontracted

Pacific Coast 539855 39 39% 42" Drilled hole - drill only Drilling Company DIR:1000001271 Santa Rosa, CA 40 17% 24" CIDH - Drill only

Advanced 956847 36 86% Ground Anchors Geotechniques, DIR:1000020403 Inc. Rocklin, CA

68 4% Mobilization (ground anchor portion)

Tyrrell 938998 20 37% Tree removal Resources Truckee, CA

DIR:1000007965

Sonoma 823619 40 14% F&I Rebar: 24" CIDH Reinforcing, DIR:1000013275 Inc. Windsor, CA

44 100% F&I Rebar: Retaining wall

66 5% F&I Rebar: concrete barrier transitions

Apply-A-Line,LLC 1031889 67 100% Thermoplastic traffic stripe Anderson, CA DIR:1000053259

68 1% Mobilization (striping portion)

LIST OF SUBCONTRACTORS

In accordance with the provisions of Section 4104 to 4113, inclusive of the Public Contract Code, each bidder shall list below the name and location of place of business of each subcontractor who will perform a portion of that contract work in an amount in excess of one-half of the one per-cent of the total bid or $10,000, whichever is greater. (Note: Bidder’s attention is directed to Section 5-1.30 “Subcontracting,” of the Special Provisions in completing this form.)

Complete columns 1, 2, 3, 4, and 5 and submit with the bid. Failure to provide complete information in columns 1 through 5 within the time specified may result in a nonresponsive bid.

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

Subcontractor Subcontractor Bid Item Percentage of Description of Business Name License Number Bid Item Subcontracted Work and Location Number (s) Subcontracted

PC&N 771652 62 100% MGS (Steel Post) Construction, DIR:1000002500 Inc. Byron, CA

64 100% Terminal System (Type SKT)

65 95% Crash Cushion (Shortracc) - excluding concrete pad

66 85% CA ST-75 Bridge Rail (excluding concrete transitions)

68 2% Mobilization (guardrail porttion)

Sonoma County Department of Transportation and Public Works SUBCONTRACTOR PAYMENT DECLARATION

This form must be completed and submitted by the Prime Consultant/Contractor for all subcontractors/subconsultants, vendors, and joint venture partners with every invoice submitted to the Sonoma County TPW. Failure to submit all required information may lead to partial withholding of incremental or progress payment.

Contract Title: Geysers Road Storm Damage Repair PM 23.78, 29.77, and 36.75

Date: Prime: Granite Construction Company

Invoice Date: Invoice No.:

For the Period Total Invoice Amount:

Subcontractor/ Vendor/JV

DBE/SBE (Y/N)

Business Address Payment Sent to

Amount Paid Payment Date

Check Number

Total Amount Paid to Subconsultants (this Pay Period):

I/We declare under penalty of perjury under the laws of the State of California that the above information is complete and that the tabulated amounts paid to date are accurate and correct.

Signature of Contact Person Date

Print Name, Title Phone

PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT

In accordance with Public Contract Code Section 10285.1 (Chapter 376, Stats.1985), the Bidder hereby declares under penalty of perjury under the laws of the State of California that the,

Bidder has Has not X

been convicted within the preceding three years of any offenses referred to in that section including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "Bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

Note: The Bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement.

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

PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE

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

Has the Bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?

Yes No X

If the answer is yes, explain the circumstances in the following space.

N/A

PUBLIC CONTRACT 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 Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.


NONCOLLUSION AFFIDAVIT

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

To the COUNTY of SONOMA DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS.

In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder

declares that the 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; that the

bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and

has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in

a sham bid, or that anyone 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.

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


NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS

The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:

(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions.

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

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

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 owner, partner, director, officer, and manager:

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

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

• Does not have a proposed debarment pending; and • Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent

jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

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

N/A

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

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

N/A Granite Construction Company does not participate in Lobbying Activities

DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352

1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract a. initial filing b. grant b. material change c. cooperative agreement a. bid/offer/ d. loan application For Material Change Only: Year e. loan guarantee b. initial award Quarter f. loan insurance c. post-award Date of Last Report

4. Name and Address of Reporting Entity: Prime

Subawardee

Tier, if known:

Congressional District, if known:

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

Congressional District, if known:

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

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

$

10. a. Name and Address of Lobbying Entity: 10. b. Individuals Performing Services (including address if different from No. (last name, first name, MI) 10,a.)

(Attach Continuation Sheet(s) SF-LLL-A If Necessary) (if individual, last name, first name, middle) 11. Amount of Payment (check all that apply):

$ Actual

$ Planned

13. Type of payment (check all that apply): a. retainer

b. one-time fee

c. commission

d. contingent fee

e. deferred

f. other; specify:

12. Form of Payment (check all that apply):

a. cash

b. in-kind; specify:

Nature

Actual

14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s), or member(s) contracted for Payment indicated in Item 11:

(Attach Continuation Sheet(s) SF-LLL-A, if necessary)

15. Are Continuation Sheet(s) SF-LLL-A Attached: Yes (Number ) No

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

Signature:

Print Name:

Title:

Telephone:

Date:

INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF L OBBYING ACTIVITIES

This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient, at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

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

2. Identify the status of the covered federal action.

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

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

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

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

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

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

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

10. (a) Enter the full name, address, city, State and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered federal action.

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

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

12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.

13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.

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

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

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

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

MBE/WBE INFORMATION —GOOD FAITH EFFORTS Federal Project No. SNCOC08, SNCOC07 AND SNCOC85

Project No. Bid Opening Date 9.15.2020

The information provided herein shows that a good faith effort was made to procure the services of Minority and Women’s Business Enterprises, following the affirmative steps defined in 2 CFR 200.321.

Lowest, second lowest and third lowest bidders shall submit the following information to document adequate good faith efforts.

If subcontractors are proposed to be employed as part of this contract, Contractor must complete the information below. If no subcontractors are included in this bid, complete this form by writing “NA” in response to each section. In both cases this form must be submitted with all bid documents. Bid documents submitted without this form will be rejected as unresponsive.

1. The names and dates of written notices sent to certified MBE/WBE’s soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the MBE/WBE’s were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.):

Names of MBE/WBE’s Solicited Date of Initial Solicitation Follow Up Methods and Dates

Good Faith Effort package will be submitted under separate cover 24 hours after bid close.

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

Publications Dates of Advertisement


The names, addresses and phone numbers of rejected MBE/WBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each MBE/WBE if the selected firm is not a MBE/WBE:

Names, addresses and phone numbers of rejected MBE/WBE’s and the reasons for the bidder's rejection of the MBE/WBE’s:


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


3. The items of work which the bidder made available to MBE/WBE firms including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate MBE/WBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate MBE/WBE participation was made available to DBE firms.

Bidder Normally Performs Item Breakdown of Percentage of

Items of Work (Y/N) Items Amount ($) Contract


4. Efforts made to assist interested MBE/WBE’s in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to MBE/WBE’s:


Efforts made to assist interested MBE/WBE’s in obtaining necessary equipment, supplies, materials or related assistance or services, excluding supplies and equipment the MBE/WBE subcontractor purchases or leases from the prime contractor or its affiliate:


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

Name of Agency/Organization Method/Date of Contact Results


Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary):


NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY.

BIDDER'S BOND

Accompanying this Bid is B_i_d_de_r_'s_B_o_nd in amount equal to at least ten percent of the total of the bid.

(Notice: Insert the words "Cash($ ----- )," "Cashier's Check," "Certified Check," or "Bidder's Bond," as the case may be.)

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

I M P O R T A N T N O T I C E If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full.

Granite Construction Company

*Please see the attached list of Granite Construction Company's officers.

Licensed in accordance with an act providing for the registration of Contractors, and Section 7028.15 of the Business and Professions Code,License No. 89 Expiration Date: May 31, 2021

By my signature on this proposal I certify, under penalty of perjury, that the forgoing Public Contract Code Sections 10162 questionnaire and 10232 statement and the Title 23 United States Code, Section 112 Non-Collusion Affidavit, and the representations made in connection with Section 7028.15 of the Business and Professions Code are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code.)

Justin Ingram -Area Manager Bidder Name, Title

September 15, 2020 Date

Business Address: 1324 South State Street, Ukiah, CA 95482

' '

,Place of Business: , •••••••• <i_13_2_4_S_o_ut_h_S_t_a_te_S_tr_e_et_,_U_k_ia_h_,_C_A_9_5_4_8_2 , , _,_,>u,f, , ,\, , Place ofResidence:

N/A

'" Granite Construction Company List of Officers

Name Present Office Position Business Address Phone Number

Roberts, James H. President Chief Executive Officer

P.O. Box 50085 Watsonville, CA 95077-5085 (831) 724-1011

Larkin, Kyle T.

Executive Vice President Chief Operating Officer Assistant Secretary

P.O. Box 50085 Watsonville, CA 95077-5085 831-724-1011

Desai, Jigisha (NMN)

Senior Vice President Chief Financial Officer Assistant Secretary


Alegre, Carlos F.

Senior Vice President of Operations Services Assistant Secretary


DeCocco, Philip M.

Senior Vice President of Human Resources Assistant Secretary


Hall, M. Craig

Senior Vice President General Counsel Corporate Compliance OfficerSecretary


Radich, James A

Senior Vice President Group Manager Assistant Secretary

P.O. Box 50085 Watsonville, CA 95077-5085 831-724-1011

Rantala, Richard M.

Senior Vice President Business Development Assistant Secretary


Richards, James D.



Tatusko, Michael G.



Tyler, Mathew C.

Senior Vice President Federal Group Operations Assistant Secretary


VanGorder, Robert C.

Senior Vice President General Manager Assistant Secretary


Barker, Michael W.

Vice President Controller Assistant Financial Officer Assistant Secretary


Nickerson, James D. Vice President Assistant Secretary


Olson, Kenneth B.

Vice President Treasurer Assistant Financial Officer Assistant Secretary

PO Box 50085 Watsonville, CA 95077-5085 (831) 724-1011

Blackburn, Nicholas B. Director of Corporate Taxation Assistant Secretary


(NMN) = No Middle Name

Updated February 2020 Page 1 of 1

GRANITE CONSTRUCTION COMPANY

CERTIFICATE OF SECRETARY

REsoLVED, that, effective January 1, 2020 through December 31, 2020, the individuals named on the attached Exhibit 1 are authorized to negotiate, execute and/or attest electronic and paper documents and contracts necessary for the conduct of the Company's affairs with respect to the submission and execution of construction project bids, bid proposals, bid addenda and all other bid-related documents prepared and submitted on behalf of the Company not to exceed $25 million, relating to any and all domestic construction projects arising out of the Company's operations.

RESOLVED, that, effective January 1, 2020 through December 31, 2020, the individuals named on the attached Exhibit 2 are authorized to negotiate, execute and attest electronic and paper documents and contracts necessary for the conduct of the Company's affairs with respect to the submission and execution of construction project bids, bid proposals, bid addenda and all other bid-related documents prepared and submitted on behalf of the Company not to exceed $75 million, relating to any and all domestic construction projects arising out of the Company's operations.

REsoLVED FURTHER, that the authority provided for herein shall be in accordance with applicable policies, procedures and limits of authority previously approved and the Granite Construction Incorporated Delegation of Authority and Policy then in effect.

I, M. Craig Hall, do hereby certify that I am duly qualified as Secretary of GRANITE CONSTRUCTION COMPANY, a California corporation (the "Company"); that the foregoing is a true and correct copy of resolutions duly adopted effective January 1, 2020 by unanimous written consent of the Executive Committee of the Board of Directors, held without a meeting in accordance with the provisions of Article III, Section 9 of the Bylaws of the Company; that the Directors acting were duly and regularly elected; and that the resolution adopted has not been modified or repealed and is still in full force and effect.

Dated: January 1, 2020

EXHIBIT 1

AUTHORIZED SIGNERS Granite Construction Company

Coastal California Region Bay Area/Monterey Bay Area/North Coast Area

AUTHORIZED SIGNERS Brent Fogg, VP Coastal Region

Steven C. Kaesler, Construction Manager Karim Massoud, Chief Estimator

Pennington B. Shortes, Area Manager Justin Ingram, Area Manager

Terry D. Richards, Senior Estimator Clarence Sakoda, Senior Estimator

Bruce E. Harjehausen, Senior Project Manager Patrick K. Amaris, Private Works Manager

David Levasseur, Regional Controller Chelsea M. Agnello, Office Manager

Jason Woelbing, Office Manager

ATTESTERS Steven C. Kaesler, Construction Manager

Pennington B. Shortes, Area Manager Justin Ingram, Area Manager

Karim Massoud, Chief Estimator Terry D. Richards, Senior Estimator

Fred Ackerman, Estimator Clarence Sakoda, Senior Estimator

James Williams, Estimator/Project Manager Amir Williams, Senior Estimator Nisha Matekar, Senior Estimator

Diana Millet, Estimator/Project Manager Patrick K. Amaris, Private Works Manager

Patricia A. Arnett, Estimating Assistant Teresa Rothney, Estimating Assistant

Mikki Witter, Estimating Assistant Jason S. Picard, Estimator/Project Manager

Bruce E. Harjehausen, Senior Project Manager David Levasseur, Regional Controller

Chelsea M. Agnello, Office Manager Jason Woelbing, Office Manager

Melinda Y. Luong, Contracts Administrator

EXHIBIT 2

AUTHORIZED SIGNERS Granite Construction Company

California Group

AUTHORIZED SIGNERS Brent Fogg, VP Coastal Region

Carter Rohrbough, VP Valley Region Larry Camilleri, VP Central Region

Scott McArthur, VP Northern Los Angeles Region John Boies, VP South Coast Region

Brad J. Williams, VP Desert Cities Region Bradly Estes, VP Construction Materials

Contractor Infonnation

legal Entity Name GRANITECONSlRUCTlON COMPANY

legal Entity ~ Corporation

Stetus

Active

Registration Number 1000000085

Registration effective elate 7/1/2019 Registration expIration elate

6/30/2022 MalllngAddress

PO BOX50085, ATTN: LEGAL Dl'T, WATSONVILLE 95077 CA United Stetes o ... P~cal Address

585 WEST BFACH STREET WATSONVILLE 95076 CA United States ofAmerica

Registration History

Effective Date Expililtion Date

5/29/2018 6/3/J/2019

5/10/2017 6/3/J/2018

6/14/2016 6/3/J/2017

6/8/2015 6/3/J/2016

7/2/2014 6/3/J/2015

7/1/2019 6/3/J/2022

Emall Address

Trade Name/DBA Ucense Number(s) C.SLB:89

Legal Entity lnfonnation

Corporation Number: Federal Employment Identification Number: President Name: Vice President Name: Treasurer Name: Secretary Name: aoName:

.Agentor Service Name:

.Agentor Service MalllngAddress:

Workers Compensation

Do you lea• employees through Profe•ional Employer Organization (PEO)?: Please provide your curntnt workers

compensation insurance information below:

PEO PEO

PEO InformationName Phone

Insured by Carrier Policy Holder Name: Insurance Carrier: Policy Number: Inception date:

Expiration Date:

94-0519552

JAMES H. ROBER'IS JIGISHA DESAI KENNETH B. OLSON M. CRAIG HALL JAMES H. ROBER'IS

CT CORPORATION SVSTEM 818 WEST 7TH STREET LOS ANGELES 90017 CA United Stetes ofAmerica

No

PEO

Email

GRANITE CONSTRUCTION COMPANY A.UIANT INSURANCE SERVICES, INC.

we 274978630 9/30/2017 9/30/2019

WA.~


BIDDER'S BOND - DECLARATION

KNOW ALL MEN BY THESE PRESENTS,

That we, Granite Construction Company as PRINCIPAL, and Travelers Casualty andSurety Company ofAmerica as SURETY, are held and firmly bound unto the County of Sonoma in the penal sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the County of Sonoma for work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, to the County of Sonoma, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of$ Ten Percent (10%) of Bid Amount

THE CONDITION OF THIS OBLIGATION IS SUCH, THAT:

WHEREAS, the Principal has submitted the above-mentioned bid to the County of Sonoma as aforesaid, for certain construction specifically described as follows, for which bids are to be opened at Santa Rosa, California, for

GEYSERS ROAD STORM DAMAGE REPAIR (C11605, C11604 AND C21602)

NOW THEREFORE, if the aforesaid Principal is awarded a contract and, within the time and in the manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form, in accordance with the bid, and files two bonds with the County of Sonoma, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void, otherwise it shall remain in full force and virtue.

8thIN WITNESS WHEREOF, we have hereunto set our hands and seals this ...,....... day of September. 2020

11 A.D. ,,,, ''' S ( " T " R " ' J ' , ,,,C0 ······· • ,);.', , •••;.·oRPo;.;•0

.... • V •r-1• 0-,


Principal

(SEAL)

Isabel Barron, Attorney-In-Fact (SEAL)

Travelers Casualty and Surety Company of America (SEAL) Surety

1 Tower Square Hartford, CT 06183 (SEAL) Address

:::tL=J:J/ S'l;, :,.,:\a-:. ..C.

GEYSERS ROAD STORM DAMAGE REPAIR CI 1605, Cl 1604 AND C21602 BB-24 August 2020

__________________

ACKNOWLEDGMENT

State of California County of Santa Cruz )

On September 8, 2020 before me, Maria Gomez, Notary Public (insert name and title of the officer)

personally appeared Isabel Barron , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _ (Seal) Maria Gomez, Notary Public

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

Travelers casualty nd Surety Company of America ravelers casualty nd surety Company

TRAVELERs'f' St. Paul Fire nd Marine Insurance Company

POWE.R OF ATTORNEY KNOW ALL ME.N BY THE.SE. PRE.SE.NTS: That Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut {herein collectively called the "Companies'), and that the Companies do hereby make, constitute and appoint Isabel Barron of WATSONVILLE , California their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other IM"ttings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelfy of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permttted in any actions or proceedings allowed by law. IN WITNESS WHERE.OF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017.

state of Connecticut By:

City of Hartford ss. Robert L. Raney, SefirorVice President

On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and st. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.

In Witness Whereof, I hereunto set my hand and official seal.

My Commission expires the 30th day of June, 2021 Marie C. Tetreault, Notary Public

This Power cf Attorney is granted under and by the authority cf the following resolutions adopted by the Boards cf Directors cf Travelers Casualty and Surety Company ofAmerica, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows:

RE.SOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf cf the Company and may give such appointee such authcrtty as his or her certificate cf authcrtty may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts cf indemnity, and other wrttings obligatory in the nature cf a bond, recognizance, or ccndtticnal undertaking, and any cf said officers or the Board cf Directors at any time may remove any such appointee and revoke the power given him or her; and tt is

FURTHER RE.SOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part cf the foregoing auth crtty to one or more officers c r employees cf this Cc mpany, provided that each such delegation is in writing and a copy thereof is filed in the office cf the Secretary; and tt is

FURTHER RE.SOLVED, that any bond, recognizance, contract cf indemnity, or wrtting obligatory in the nature cf a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when {a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or {b) duly executed {under seal, if required) by one or more Attorneys-in.fact and Agents pursuant to the power prescribed in his or her certificate or their certificates cf authority or by one or more Company officers pursuant to a written delegation cf authority; and it is

FURTHER RE.SOLVED, that the signature cf each cf the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affoced by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attcrne~-in-Fact ~Q{\,>U~OfJ}J,P,nly cf executing and attesting bonds and undertakings and other ~itings cbligatc.-y in the nature thereof, and any such Power cfijcrn~,~~'c!!~Jjng such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed a ~lifjeti:by"s"lltli-f4C§i~ signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding tc.w~'ii is attached.'··.,~t

S~/ '-~~ !, Kevin E.. Hughes, the undersigned, Assistant Secretary cf Travelers Casualty and Surety Company cf America, Tr~~ . )(.Arid.~u·~~ Company, and st. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and J®~qt fttel t1cW.oe~ef ~ Attorney executed by said Companies, which remains in full force and effect. ~ <fl\ ON N. _; 9 ~

- ci:-. • 1') ~ S b 8 2020 ,; \Y ♦•• /~ ~D t d th. a e 1s eptem er , ~ ~-.. .-~~ ~

,,.,,, '-1~i;· ...... .. ,::,;:..~/ ,,,::, ,,, ciJ "..., ,,~,,,,, * \,,,1111111111 lll111

#~ -~~--To verify the authentldty ofthis Power of ttomey, please allusatJ-800-42J-3880.

Please refer to the above-named ttomey-in-Fact andthe details ofthe bondto which the power isattached.

https://WHERE.OF

.,_. . -Printed Name: Justin Ingram - Area Manager = 'i \ January 4, 1922 .=_g =

------"--------"'------------.,..-=-....;_6--,1-~.....,,·-.. ~~'="".l.-,r::-o-~-~...,,,~!'-.·~~...,,.b. .. ,...;:.2 =----

Firm: Granite Construction Company "',., D • .......... ~ ,' ------------------=-------=-----------""+11..-1

- •*--'h~, ,~ .. ,_;___ ''''"'''''


COUNTY OF SONOMA

ADDENDUM NO. 01 SUBJECT: Addendum Number 1 to Bid No . SC00-0000001147

Bid for Construction of Geysers Road Storm Damage Repair DATE: 08-18-2020

This addendum is issued to furnish information that is supplemental to, will clarify, or modify the above-referenced solicitation.

CLARIFICATIONS: The plan set was inadvertently removed from the posti ng., It is available now on the Supplier Portal.

All other terms and conditions of bid No. SC00l-0000001147 remai n unchanged.

= 2 i Ja,,ua l l = ---- :.::i~-------..;:::,..:d:.~-.~·<:i~_?-~-,,~,~j)~;..lc.nw::~ --a:., ct "'<_,. /4?2. 0 .... Firm.· -:.., c., ··.J.:oRN\~ .• -··~~ ~

-______ _______ ~;~-4~••::_•=-i••~••~~~V~':_ __ _ .,,,, )f ),..\'~ ,,,,

''''"''''\\

Granite __________

Construction Company _.,!~__..!_

Justin Ingram - Area Manager--~---~-:..:.:..:...:...::Printed Name:


COUNTY OF SONOMA

ADDENDUM NO. 02 SUBJECT: Addendum Number 2 to Bid No. SC00-0000001147


This addendum is issued to furnish information that is supplemental to, will clarify, or modify the above-referenced solicitation.

SUPPLEMENTAL INFORMATION: Supplemental materials can be found at the following !ink:

https://files.sonoma-county.org/link/aQdyEh5yGx8/

All other terms and conditions of bid No. SC00l-0000001147 remain unchanged.

Please sign and date below as acknowledgment of receipt of Addendum No. 02 and include with your submittal.

Signature and Date: Se tember 15, 2020

08/29/2016

https://files.sonoma-county.org/link/aQdyEh5yGx8


COUNTY OF SONOMA

ADDENDUM NO. 03 SUBJECT: Addendum Number 3 to Bid No. SC00-0000001147


This addendum is issued to furnish information that is supplemental to, will clarify, or modify the above-referenced soli citat io n.

MODIFICATIONS: Updated plans have been posted.

All other terms and conditions of bid No. SC00l-0000001147 remain unchanged.


Signature and Date: Se tember 15, 2020

08/29/2016


COUNTY OF SONOMA

ADDENDUM NO. 04

SUBJECT: Addendum Number 4 to Bid No. SC00-0000001147

Bid for Construction of Geysers Road Storm Damage Repair

DATE: 09-01-2020

This addendum is issued to furnish informat io n that is supplemental to, will clarify, or modify the above-referenced solicitation.

I. TECHNICAL QUESTIONS/CLARIFICATIONS: Please see attached. II. PLAN SHEET CHANGES: Please see attached. ·

All other terms and conditions of bid No. SC00-0000001147 remain unchanged.


Signature and Date: Se tember 15 2020

Printed Name: Justin Ingram -Area Manager

Firm: Granite Construction Company


COUNTY OF SONOMA SANTA ROSA, CALIFORNIA

(www.sonoma-county.org/tpw)

CONTRACT FOR CONSTRUCTION OF

GEYSERS ROAD STORM DAMAGE REPAIR

COUNTY PROJECT NO. C11605, C11604 AND C21602

THIS CONTRACT, by and between the County of Sonoma, party of the first part, and

Contractor, party of the second part.

ARTICLE I. WITNESSETH, that for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the said party of the first part, and under the conditions expressed in the two bonds, bearing even date with these presents, and hereunto annexed, the said party of the second part agrees with the said party of the first part, at his own proper cost and expense, to do all the work and furnish all the materials, except such as are mentioned in the specifications to be furnished by said party of the first part, necessary to construct and complete in a good workmanlike and substantial manner and to the satisfaction of the Department of Transportation and Public Works, County of Sonoma, in Sonoma County the Geysers Road Storm Damage Repair, C11605, C11604 and C21602 in accordance with the Standard Plans, dated 2015, the Standard Specifications, dated 2015, the current General Prevailing Wage Rates according to the California Department of Industrial Relations, and the current issue of the California Department of Transportation publication entitled "Labor Surcharge and Equipment Rental Rates," on file with the California Department of Industrial Relations (telephone 415 703-4774), which said provisions, Standard Plans, Standard Specifications, General Prevailing Wage Rates, and Labor Surcharge and Equipment Rental Rates are hereby specially referred to and by such reference made a part hereof.

ARTICLE II. The said party of the first part hereby promises and agrees with the said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices hereinafter set forth, and hereby contracts to pay the same at the time, in the manner and upon the conditions herein set forth; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.

ARTICLE III. The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this contract. It is further expressly agreed by and between the parties thereto that should there be any conflict between the terms of this instrument and the bid or



proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.

ARTICLE IV. By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's 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.

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


Bid Item List (Contract)

GEYSERS ROAD STORM DAMAGE REPAIR - C11605, C11604 AND C21602

BID ITEM NO.

S/F CODE ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE ITEM TOTAL

1 070030 LEAD COMPLIANCE PLAN LS 1

2 080050 PROGRESS SCHEDULE (CRITICAL PATH METHOD)

LS 1

3 100100 DEVELOP WATER SUPPLY LS 1

4 120090 CONSTRUCTION AREA SIGNS LS 1

5 120100 TRAFFIC CONTROL SYSTEM LS 1

6 120101 FLAGGING FA 100000

7 120152 TEMPORARY PAVEMENT MARKING (TAPE)

SQFT 60

8 120182 PORTABLE DELINEATOR EA 200

9 128650 PORTABLE CHANGEABLE MESSAGE SIGN

EA-DY

1200

10 129000 TEMPORARY RAILING (TYPE K) LF 180

11 130100 JOB SITE MANAGEMENT LS 1

12 130300 PREPARE WATER POLLUTION CONTROL PLAN

LS 1

13 130620 TEMPORARY DRAINAGE INLET PROTECTION

EA 10

14 130640 TEMPORARY FIBER ROLL LF 2280

15 130710 TEMPORARY CONSTRUCTION ENTRANCE

EA 6

16 130730 STREET SWEEPING LS 1

17 130900 TEMPORARY CONCRETE WASHOUT

LS 1

18 146002 CONTRACTOR-SUPPLIED BIOLOGIST (LS)

LS 1

19 160110 TEMPORARY HIGH-VISIBILITY FENCE

LF 210

20 170103 CLEARING AND GRUBBING (LS) LS 1

21 190101 ROADWAY EXCAVATION CY 1330

22 F 192037 STRUCTURE EXCAVATION (RETAINING WALL)

CY 783

23 F 192049 STRUCTURE EXCAVATION (SOLDIER PILE WALL)

CY 223

24 F 193013 STRUCTURE BACKFILL (RETAINING WALL)

CY 430

25 F 193029 STRUCTURE BACKFILL (SOLDIER PILE WALL)

CY 226

26 F 193116 CONCRETE BACKFILL (SOLDIER PILE WALL)

CY 391

27 F 193119 LEAN CONCRETE BACKFILL CY 103

28 205034 DECOMPOSED GRANITE SQFT 60

29 210270 ROLLED EROSION CONTROL PRODUCT (NETTING)

SQFT 6500

30

31

32

33

34

35

36

37

38

3940

41

42

43

44

45

46

47

48

49

50

51

52

53

54

55

56

57

58

59

60

61


210300 HYDROMULCH SQFT 6500

260203 CLASS 2 AGGREGATE BASE (CY)

CY 550

390102A ASPHALT CONCRETE (TYPE A, 1/2" MAX, PG 64-16)

TON 320

394002 PLACE ASPHALT CONCRETE (MISCELLANEOUS AREA)

SQYD 12

394040 PLACE ASPHALT CONCRETE DIKE (TYPE A)

LF 480

398300 REMOVE BASE AND SURFACING

CY 15

460210 GROUND ANCHOR (SUBHORIZONTAL)

EA 41

F 475011A RETAINING WALL (MODULAR BLOCK)

LS 1

490310 STEEL SOLDIER PILE (HP 12 X 53)

LF 3178

490409 42" DRILLED HOLE LF 1408 490603 24" CAST-IN-DRILLED-HOLE

CONCRETE PILING LF 847

F 510060 STRUCTURAL CONCRETE, RETAINING WALL

CY 244

F 510094A STRUCTURAL CONCRETE, DRAINAGE INLET

EA 1

F 515004A PRECAST CONCRETE LAGGING SQFT 2804

F 520103 BAR REINFORCING STEEL (RETAINING WALL)

LB 24635

590120 CLEAN AND PAINT STEEL SOLDIER PILING

LS 1

600021 REMOVE RETAINING WALL (LS) LS 1

600027A REMOVE STEEL SHEET PILING (PORTION) (LS)

LS 1

665005 12" CORRUGATED STEEL PIPE (0.064" THICK)

LF 37


LF 8


LF 110

680411 12" PERFORATED STEEL PIPE UNDERDRAIN (0.064" THICK)

LF 300

691900 FLUME DOWNDRAIN LF 10

692001 ENTRANCE TAPER EA 1

692101 TAPERED INLET EA 1

700637 36" CORRUGATED STEEL PIPE INLET (.064" THICK)

LF 31

703233 GRATED LINE DRAIN LF 180

F 721015 ROCK SLOPE PROTECTION (LIGHT, METHOD B) (CY)

CY 7

729012 ROCK SLOPE PROTECTION FABRIC (CLASS 10)

SQYD 17

F 750001 MISCELLANEOUS IRON AND STEEL

LB 1030

750008 FRAME AND COVER EA 4

820250 REMOVE ROADSIDE SIGN EA 2


62 832006 MIDWEST GUARDRAIL SYSTEM (STEEL POST)

LF 340

63 F 833085 PIPE HANDRAILING LF 25

64 839539 TERMINAL SYSTEM (TYPE SKT) EA 4

65 839607A CRASH CUSHION (SHORTRACC) EA 2 66 F 839740A CALIFORNIA ST-75 BRIDGE

RAIL LF 180

67 840501 THERMOPLASTIC TRAFFIC STRIPE

LF 1350

68 999990 MOBILIZATION LS 1 69 999998 GUARANTEE LS 1

TOTAL

ARTICLE VI. In the performance of this contract, Contractor agrees to comply with all of the terms set forth in Exhibit A hereto, which is incorporated by this reference. To the extent that any terms of this agreement conflict with the terms of Exhibit A, the terms of Exhibit A shall control.

Statutory Compliance/Living Wage Ordinance. Contractor agrees to comply with all applicable federal, state and local laws, regulations, statutes and policies, including but not limited to the County of Sonoma Living Wage Ordinance, applicable to the services provided under this Agreement as they exist now and as they are changed, amended or modified during the term of this Agreement. Without limiting the generality of the foregoing, Contractor expressly acknowledges and agrees that this agreement may be subject to the provisions of Article XXVI of Chapter 2 of the Sonoma County Code, requiring payment of a living wage to covered employees. Noncompliance during the term of the agreement will be considered a material breach and may result in termination of the agreement or pursuit of other legal or administrative remedies.

AIDS Discrimination. Contractor agrees to comply with the provisions of Chapter 19, Article II, of the Sonoma County Code prohibiting discrimination in housing, employment, and services because of AIDS or HIV infection during the term of this agreement and any extensions of the term.

ARTICLE VII. The County's Board of Supervisors has awarded this contract to the Contractor on the basis of the Contractor's base bid (Items 1 through 69), together with Alternate, in accordance with the contract documents as modified by Addenda(um) No(s). .

ARTICLE VIII. For the work covered by this contract, the County agrees to pay and the Contractor agrees to accept the sum of , subject to adjustment on the basis of the unit prices set forth in the Contractor's bid.

ARTICLE IX. The County shall retain 5% of the estimated value of the work done and 5% of the value of materials so estimated to have been furnished and delivered and unused or furnished and stored as aforesaid as part security for the fulfillment of the contract by the Contractor, except that at any time after 20 percent of the work has been completed, if the Engineer finds that satisfactory progress is being made, the County may reduce the total amount being retained from payment pursuant to the above requirements to 3 percent of the


total estimated value of the work and materials and may also reduce the amount retained from any of the remaining partial payments to 3 percent of the estimated value of the work and materials.

The County shall hold retainage described above from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the County, 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 a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the County. Federal law (49 CFR 26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the County’s prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. 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.

IN WITNESS WHEREOF, the parties hereto have affixed their signatures: By CONTRACTOR, this day of 20 ; and By COUNTY, this day of 20 .

CONTRACTOR COUNTY OF SONOMA CALIFORNIA

By:

Chairman, Board of Supervisors

ATTEST:

By:

Clerk of the Board

(SEAL) APPROVED AS TO FORM

By:

County Counsel

CONTRACT EXHIBIT “A”

FEDERAL PROVISIONS - FEMA

1. DEFINITIONS

1.1. Government means the United States of America and any executive department or agency thereof.

1.2. FEMA means the Federal Emergency Management Agency.

1.3. Third Party Subcontract means a subcontract at any tier entered into by Consultant or any subconsultant or subcontractor, financed in whole or in part with federal assistance derived from the Federal Emergency Management Agency.

1.4. For purposes of this Exhibit, Consultant shall sometimes be referred to as “contractor.”

1.5. Agreement means that certain Agreement between the County of Sonoma (“County”) and Consultant, and to which this Exhibit is made a part.

2. FEDERAL REQUIREMENTS


2.1. Consultant acknowledges that FEMA financial assistance will be used to fund this Agreement.

2.2. Consultant shall at all times comply with all applicable federal laws, regulations, executive orders, Office of Budget and Management circulars, and FEMA policies, procedures, and directives, as they may be amended or promulgated from time to time during the term of this Agreement, including but not limited to those requirements of 2 C.F.R. 200.317 through 200.326 and Appendix II to 2 CFR Part 200—"Contract Provisions for non–Federal Entity Contracts Under Federal Awards,” which is included herein by reference; and including the Age Discrimination Act of 1975; the Americans with Disabilities Act of 1990, the Civil Rights Act of 1964 (Title VI); the Civil Rights Act of 1968 (Title VIII); the Drug-Free Workplace Act of 1988; the Drug Abuse Office and Treatment Act of 1972; the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970; the Public Health Service Act of 1912; the Education Amendments of 1972 (Title IX); the Equal Opportunity in Education Act; the Energy Policy and Conservation Act; the False Claims Act; the Hotel and Motel Fire Safety Act of 1990; the National Environmental Policy Act; the Rehabilitation Act of 1973; the Whistleblower Protection Act; the Hatch Act (5 U.S.C. 1501 et seq.); and all related and Department of Homeland Security--mandated federal regulations, including 44 CFR Part 7.

2.3. Whether or not expressly set forth herein, all contractual provisions required by FEMA are hereby incorporated by reference. In the event of any conflict between any provision of this Agreement or any FEMA term, condition, or requirement, the stricter standard shall apply. Consultant shall refer any inconsistency or perceived inconsistency between this Agreement and any federal requirement to County for guidance. Consultant shall not perform any act, fail to perform any act, or refuse to comply with any requests that would cause County to be in violation of any FEMA term, condition, or requirement.

2.4. Consultant acknowledges that this Agreement may be subject to grant assurances mandated by funding federal agencies. In such event, this Agreement shall be subject to and subordinate to all


such grant assurances in effect at all times during the term of this Agreement. Any grant assurances mandated by any federal funding agency for inclusion after the execution date of this Agreement shall be deemed by the parties to have been incorporated herein.

2.5. Consultant must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.

2.6. The Government shall enjoy the right to seek judicial enforcement of any law, regulation, condition, or provision stated herein.

2.7. Whistleblower Protections. Consultant shall inform all its employees in writing of the rights and remedies provided under the federal Whistleblower Protection Act, including 41 USC 4712.

2.8. Repair or Construction Activity. For all repair or construction activity done pursuant to this Agreement (if applicable), all such repair or construction shall be carried out in accordance with applicable standards of safety, decency, and sanitation and in conformity with applicable codes, specifications and standards, including those required pursuant to 44 CFR 206.400.

2.9. The Consultant agrees to include the above clauses in each Third Party Subcontract such that all provisions will equally apply to the subcontractor. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject thereto.

3. ACCESS TO RECORDS

3.1. Consultant and its successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing Government access to records, accounts, documents, information, facilities, and staff, including compliance review, investigation, evaluation, documentation and reporting requirements.

3.2. The Consultant agrees to provide the County, FEMA, the Comptroller General of the United States or any their authorized representatives access to any books, documents, papers, and records of the Consultant which are related to this Agreement, for the purposes of making audits, examinations, excerpts, and transcriptions. The Consultant agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

3.3. The Consultant agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under this Agreement.

3.4. The Consultant agrees to maintain all books, records, accounts, and reports required under this Agreement for a period of not less than five years after the later of: (a) the date of termination or expiration of this Agreement or (b) the date all projects, programs, and close outs are completed, except in the event of audit, litigation, or settlement of claims arising from this Agreement, in which case, Consultant agrees to maintain same until the County, FEMA, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims, or exceptions related thereto. Contractor shall grant County the option of retention of the records, books, papers, and documents in unalterable, electronic form if Contractor elects to dispose of said documents following the mandatory retention period.


3.5. The requirements set forth above are all in addition to, and should not be considered to be in lieu of, any more stringent requirement set forth in the Agreement.

4. DEBARMENT AND SUSPENSION

4.1. This Agreement is a covered transaction for purposes of 2 CFR pt. 180 and 2 CFR pt. 3000. As such the Consultant is required to verify that none of the Consultant, its principals (defined at 2 CFR 180.995), or its affiliates (defined at 2 CFR 180.905) are excluded (defined at 2 CFR 180.940) or disqualified (defined at 2 CFR 180.935). Covered transactions shall not be entered into with excluded or disqualified persons or with parties listed on the Government’s Excluded Parties List System in the System for Award Management (SAM). The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority. (2 CFR Part 200 Appendix II, (I)). No entity, including subconsultants, may receive any federal funds through this Agreement unless the entity has provided its unique entity identifier to County.

4.2. Consultant represents and warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension" or Executive Order 12689, and that it is not on the Excluded Parties List System in the System for Award Management (SAM) or on any comparable list of precluded persons, entities, or facilities. Consultant agrees that neither Consultant nor any of its third party subconsultants shall enter into any third party subcontracts for any of the work under this Agreement with a third party who is debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs under executive Order 12549 or any federal regulation, including 2 CFR Part 200. Gov. Code § 4477.

4.3. The Consultant must comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. Consultant agrees to the provisions of Exhibit [X]-1, Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions, attached hereto and incorporated herein. For purposes of this Agreement and Exhibit [X]-1, Consultant is the “prospective lower tier participant.”

4.4. The Consultant agrees to include the above paragraphs in each Third Party Subcontract such that all provisions will equally apply to the subcontractor. It is further agreed that the paragraphs shall not be modified, except to identify the subcontractor who will be subject to its provisions.

4.5. This certification is a material representation of fact relied upon by County. If it is later determined that the Consultant did not comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C, in addition to remedies available to the County, the Government may pursue available remedies, including but not limited to suspension and/or debarment.

4.6. The bidder or proposer agrees to comply with the requirements of 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

5. NO FEDERAL GOVERNMENT OBLIGATIONS TO CONSULTANT


5.1. The County and Consultant acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Agreement, absent the express written consent by the Government, the Government is not a party to this Agreement and shall not be subject to any obligations or liabilities to the County, Consultant, or any other party (whether or not a party to this Agreement) pertaining to any matter resulting from the Agreement.

5.2. The Consultant agrees to include the above clause in each Third Party Subcontract such that all provisions will equally apply to the subcontractor. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject thereto.

6. EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE (applicable to all construction contracts awarded meeting the definition of “federally assisted construction contract” under 41 CFR 61-1.3)

6.1. Consultant agrees to comply with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Part 60). 41 CFR 60-1.4 is hereby incorporated by reference.

6.2. During the performance of this Agreement, contractor agrees as follows:

6.3. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. 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 contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

6.4. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

6.5. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a p art of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.


6.6. The contractor 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 advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

6.7. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

6.8. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

6.9. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in 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 as otherwise provided by law.

6.10. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) 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 subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

7. NONDISCRIMINATION CLAUSE

7.1. Consultants and subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, sexual orientation, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, denial of family care leave, or based on any other prohibited basis.

7.2. Consultants, and subconsultants shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

7.3. Consultant shall comply with the applicable provisions of the Fair Employment and Housing Act (Gov. Code § 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair


Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Consultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.


8. CONTRACT WORK HOURS AND SAFETY STANDARDS (applicable to all contracts in excess of $100,000 that involve the employment of mechanics or laborers, but not to purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence)

Compliance: Consultant and all subcontractors shall comply with the Contract Work Hours and Safety Standards Act, 40 USC 3701 through 3708 (including sections 3702 and 3704), as supplemented by Department of Labor regulations at 29 CFR Part 5, which are incorporated hereto. CFR Consultant and all subcontractors shall compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Consultant shall not require any laborer or mechanic employed in the performance of the contract to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous to health or safety.

8.1. Overtime: No contractor or subcontractor contracting for any part of the work under this Agreement which may require or involve the employment of laborers or mechanics (including watchmen and guards) shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

8.2. Violation; liability for unpaid wages; liquidated damages: In the event of any violation of the provisions of Paragraph B, the contractor or any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor or subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the provisions of paragraph B in the sum of $25 for each calendar day on which such employee was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by paragraph B.

8.3. Withholding for unpaid wages and liquidated damages: The County shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set for in paragraph C of this section.


8.4. Subcontracts: The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs A through D of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs A through D of this section.

9. NOTICE OF REPORTING REQUIREMENTS

9.1. Consultant acknowledges that it has read and understands the reporting requirements of FEMA, including the “SF-425 Federal Financial Report Filing Instructions” (available at https://www.fema.gov/media-library/assets/documents/28389). Consultant agrees to comply with all applicable reporting requirements, including those contained in any grant terms and conditions, notices of funding opportunity, or any program guidance associated with any FEMA funding related to this Agreement.

9.2. The Consultant agrees to include the above clause in each Third Party Subcontract such that all provisions will equally apply to the subcontractor. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject thereto.

10. NOTICE OF REQUIREMENTS PERTAINING TO COPYRIGHTS

10.1. Consultant agrees that FEMA shall have a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes:

10.1.1. The copyright in any work developed with the assistance of funds provided under this Agreement;

10.1.2. Any rights of copyright to which Consultant purchases ownership with the assistance of funds provided under this Agreement.

10.1.3. The Consultant agrees to include the above paragraph in each Third Party Subcontract such that all provisions will equally apply to the subcontractor. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject thereto.

11. PATENT RIGHTS (applicable to contracts meeting the definition of “funding agreements” (see 37 CFR Part 401) for experimental, research, or development projects financed by FEMA) CFR

N/A

12. ENERGY CONSERVATION REQUIREMENTS

12.1. The Consultant agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC 6201).

12.2. The Consultant agrees to include the above paragraph in each Third Party Subcontract such that all provisions will equally apply to the subcontractor. It i s further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject thereto.

https://www.fema.gov/media-library/assets/documents/28389

13. CLEAN AIR AND WATER REQUIREMENTS (applicable to all contracts and subcontracts in excess $150,000, including indefinite quantities where the amount is expected to exceed $150,000 in any year)

13.1. Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 USC 7401-7671q), as amended, and the Federal Water Pollution Control Act as amended (33 USC 1251-1388) (as all or any may be amended), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA).

13.2. Consultant agrees to report each violation of these requirements to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to FEMA and the appropriate EPA regional office.

13.3. The Consultant agrees to include the above paragraphs in each Third Party Subcontract exceeding $150,000, such that all provisions will equally apply to the subcontractor. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject thereto.

14. TERMINATION FOR CONVENIENCE OF COUNTY (applicable to all contracts in excess of $10,000)

See Paragraph 4 of the Agreement.

15. TERMINATION FOR DEFAULT (applicable to all contracts in excess of $10,000)

Consultant’s failure to perform or observe any term, covenant or condition of this Agreement shall constitute an event of default under this Agreement. See Paragraph 4.2 of the Agreement.

16. CHANGES

See Paragraph 8 of the Agreement.

17. LOBBYING (Byrd Anti-Lobbying Amendment, 31 USC 1352 (as amended))(applicable to all contracts and subcontracts in excess of $100,000)


17.1. Consultant shall not use or expend any funds received under this Agreement with any person or organization to influence or attempt to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

17.2. Consultant agrees to the provisions of Exhibit [X]-2, Certification Regarding Lobbying, attached hereto and incorporated herein, and shall obtain such certifications for all subcontracts in excess of $100,000. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any


other award covered by 31 USC 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.

17.3. Consultant agrees to include the above paragraphs in each Third Party Subcontract such that all provisions will equally apply to the subcontractor. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject thereto.

18. MBE / WBE REQUIREMENTS

Consultant shall make good faith effort and take all necessary affirmative steps (including those listed in 2 CFR 200.321) to assure that Minority and Women's Business Enterprises and labor surplus area firms are used when possible. Failure to engage in such affirmative steps shall be considered as a material breach of the contract.

Consultant, and all its subcontractors, must take all affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible, including as sources of supplies, construction, equipment, or services. These affirmative steps must be documented and reported. Failure of Consultant or any subcontractor thereof to take the following steps shall be deemed a material breach of this Agreement:

A. Place qualified small and minority businesses and women's business enterprises on solicitation lists;

B. Assure that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

C. Divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;

D. Establish delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and

E. Use the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce.

If subcontracts are to be let, Consultant shall take the affirmative steps listed above and as otherwise required by 2 CFR 200.321.

19. PROCUREMENT OF RECOVERED MATERIALS

19.1. Consultant shall comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.


19.2. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—

19.2.1. Competitively within a timeframe providing for compliance with the contract performance schedule;

19.2.2. Meeting contract performance requirements; or

19.2.3. At a reasonable price.

Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.


20. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS

The Consultant acknowledges that 31 USC Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Consultant’s actions pertaining to this Agreement.

21. DHS SEAL, LOGO, AND FLAGS

The Consultant shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials, including those of FEMA or the United States Coast Guard, without specific FEMA pre- approval.

22. DAVIS-BACON ACT AND COPELAND ANTI-KICKBACK ACT (all prime construction, repair, or alteration contracts in excess of $2,000 funded under the emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant Program [unless other grant or state/local law require independently])

N/A

Compliance with the Copeland “Anti-Kickback” Act (required for all Davis-Bacon contracts, and for contracts for construction or repair of public work financed in whole or part by federal loan or grant):

N/A

23. BONDS (for construction or facility improvement contracts, or any subcontracts thereof, exceeding $150,000)

N/A

https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

24. POLITICAL ACTIVITIES


Consultant understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government without the express prior written approval of DHS.


CONTRACT EXHIBIT A1

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION – LOWER TIER COVERED TRANSACTIONS

(Lower Tier refers to the agency or contractor receiving Federal funds, as well as any subcontractors that the agency or contractor enters into contract with using those funds)

As required by Executive Order 12549, Debarment and Suspension, as defined at 44 CFR Part 17, County may not enter into contract with any entity that is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal Government from participating in transactions involving Federal funds. Contractor is required to sign the certification below which specifies that neither Contractor nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal agency. It also certifies that Contractor will not use, directly or indirectly, any of these funds to employ, award contracts to, engage the services of, or fund any contractor that is debarred, suspended, or ineligible under 44 CFR Part 17.

Instruction for Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the

certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed

when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances.

4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definition and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it


determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction originated may pursue available remedies, including suspension and/or debarment.

Certification Regarding Debarment, Suspension, Ineligibility an Voluntary Exclusion – Lower Tier Covered Transactions

1. The prospective lower tier participant certifies, by submission of its proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Contractor Signature Date


CONTRACT EXHIBIT A2

CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loan, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

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

Contractor Signature Date


(This guarantee shall be executed by the successful bidder in accordance with instructions in the Special Provisions. The bidder may execute the guarantee on this page at the time of submitting his bid or shall execute the guarantee at the time the contract is executed.)

GUARANTEE

To the County of Sonoma Department of Transportation and Public Works for construction of


The undersigned guarantees all construction performed on this project and also guarantees all material and equipment incorporated therein.

General: The Contractor shall guarantee the work is in accordance with contract requirements and remains free from substantial defects in materials and workmanship for a period of one year after contract acceptance. For certain portions of the work where the Director relieves the Contractor of responsibility in accordance with Section 5-1.38, "Maintenance and Protection Relief," of the Standard Specifications, the guarantee period starts on the relief date and ends one year therefrom.

Substantial defects in materials and workmanship means defective work objectively manifested by damaged, displaced, or missing parts or components; and workmanship resulting in improper function of materials, components, equipment, or systems, as installed or manufactured by the Contractor, subcontractor, supplier, or manufacturer.

During the guaranty period, the Contractor shall repair or replace contract work and associated work which is not in accordance with contract requirements or has substantial defects in materials and workmanship. The Contractor shall perform the corrective work with no expense to the Department other than County- provided field inspection services.

The guaranty of work excludes damage or displacement that is outside the control of the Contractor and caused by normal wear and tear, improper operation, insufficient maintenance, abuse, unauthorized modification, or natural disaster as described in Section 5-1.39, "Damage Repair and Restoration," of the Standard Specifications.

The Contractor shall have the same insurance coverage during corrective work operations as prior to contract acceptance, in accordance with Section 7-1.05, "Indemnification” and Section 7-1.06, “Insurance," of the Standard Specifications.

The contract bonds furnished in accordance with Section 3-1.05, "Contract Bonds," of the Standard Specifications must remain in full force and effect during the guarantee period and until all corrective work is complete.

In the case of conflict between this guaranty provision and any warranty provision included in the contract, the warranty provision shall govern for the specific construction product or feature covered.

Corrective Work: During the guaranty period, the Department will monitor performance of the highway facilities completed by the Contractor and will perform a thorough review of the contract work at least 60 days before the expiration of the one-year guaranty.

If the Engineer discovers contract work not in compliance with contract requirements or that has substantial defects in materials and workmanship, at any time during the guaranty period, a list of items that require


corrective work will be developed and forwarded to the Contractor. Within 15 days of receipt of a list, the Contractor shall submit to the Engineer a detailed plan for performing corrective work. The work plan shall include a start to finish schedule. It shall include a list of labor, equipment, materials, and any special services intended to be used. It shall clearly show related work including traffic control, temporary delineation, and permanent delineation.

The Contractor shall start the corrective and related work within 15 days of receiving notice from the Engineer that the Contractor's work plan is approved. The corrective work shall be diligently prosecuted and completed within the time allotted in the approved work plan.

If the Engineer determines that corrective work, covered by the guaranty, is urgently needed to prevent injury or property damage, the Engineer will give the Contractor a request to start emergency repair work and a list of items that require repair work. The Contractor shall mobilize within 24 hours and diligently perform emergency repair work on the damaged highway facilities. The Contractor shall submit a work plan within 5 days of starting emergency repair work.

If the Contractor fails to commence and execute, with due diligence, corrective work and related work required under the guaranty in the time allotted, the Engineer may proceed to have the work performed by County forces or other forces at the Contractor's expense. Upon demand, the Contractor shall pay all costs incurred by the Department for work performed by County forces or other forces including labor, equipment, material, and special services.

Inspection of the work shall not relieve the Contractor of any of his obligations under the contract. Even though equipment, materials, or work required to be provided under the contract have been inspected, accepted, and estimated for payment, the Contractor shall, at his own expense, replace or repair any such equipment, materials, or work found to be defective or otherwise not to comply with the requirements of the contract up to the end of the guaranty period.

The County shall have the unqualified option to make any needed replacement or repairs itself or to have such replacements or repairs done by the undersigned. In the event the County elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the County. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the County shall be entitled to all costs and expenses, including attorney's fees, reasonably incurred by reason of the said failure or refusal.

Signature of Authorized Representative of Bidder

Date:


CONTRACT BOND- PERFORMANCE

KNOW ALL MEN BY THESE PRESENTS:

That as Principal, and , incorporated under the laws of the State of California and authorized

to transact surety business in the State of California, are held and firmly bound unto

COUNTY OF SONOMA, CALIFORNIA

In the sum of for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents.

The Condition of the foregoing obligation is such that, Whereas the above bounden Principal has entered into a contract with the COUNTY OF SONOMA, CALIFORNIA to do and perform the following work, to-wit:


==========================================================================

All alterations, extensions of time, extra and additional work, and other changes authorized by the specifications or any part of the contract may be made without securing the consent of the surety or sureties on the contract bonds. Surety waives any requirement of notice of any such alterations, extensions of time, extra and additional work or any other changes.

==========================================================================

Any notice to the Surety may be physically delivered or mailed to it at its office.

Now, therefore, if the above bounden Principal shall well and truly perform the contract, then this obligation shall be void; otherwise to remain in full force and effect.

Signed and Sealed this day of 20

CONTRACTOR:

By:

Title:

SURETY:

By:

Title:


CONTRACT BOND- PAYMENT

KNOW ALL MEN BY THESE PRESENTS: Than we of as Principal, and

, incorporated under the laws of the State of California and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto

COUNTY OF SONOMA, CALIFORNIA, As Oblige, in the sum of Dollars ($ ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents.

The Condition of the foregoing obligation is such that, whereas the above bounden Principal has entered into a contract with the Oblige to do and perform the following work, to-wit:


============================================================================= All alterations, extensions of time, extra and additional work, and other changes authorized by the specifications or any part of the contract may be made without securing the consent of the surety or sureties on the contract bonds. Surety waives any requirement of notice of any such alterations, extensions of time, extra and additional work or any other changes. ============================================================================= Any notice to the Surety may be physically delivered or mailed to it at its office.

NOW, THEREFORE if the above bounden Principal, his or its heirs, executors, administrators, successors or assigns; or subcontractors shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor, the surety or sureties herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said surety will pay a reasonable attorney's fee to be fixed by the court.

This bond shall inure to the benefit of any and all persons, companies or corporations entitled to file claims under Section 3181 of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Signed and Sealed this day of 20

CONTRACTOR:

By:

Title:

SURETY:

By:

Title:

FOR CONSTRUCTION OF GEYSERS ROAD STORM DAMAGE …

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