1774_Bid_Book.pdf

State of California County of Tuolumne

Department of Public Works

November 2023

Notice to Bidders, Special Provisions, Proposal, and Contract (Bid Book)

Kewin Mill Culvert Lining Project Contract No. 1774

For use in connection with State of California Department of Transportation

Standard Specifications and Standard Plans dated 2018, Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished.

For an electronic version of this document, go to: http://www.tuolumnecounty.ca.gov

Copy No.

Table of Contents i Kewin Mill Culvert Lining Project, Contract No. 1774

TABLE OF CONTENTS

Table of Contents

NOTICE TO BIDDERS

Division I General Provisions

SECTION 1 GENERAL

SECTION 2 BIDDING

SECTION 3 CONTRACT AWARD AND EXECUTION

SECTION 4 SCOPE OF WORK

SECTION 5 CONTROL OF WORK

SECTION 6 CONTROL OF MATERIALS

SECTION 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

SECTION 8 PROSECUTION AND PROGRESS

SECTION 9 PAYMENT

Division II General Construction

SECTION 10 GENERAL

SECTION 11 WELDING

SECTION 12 TEMPORARY TRAFFIC CONTROL

SECTION 13 WATER POLLUTION CONTROL

SECTION 14 ENVIRONMENTAL STEWARDSHIP

SECTION 15 EXISTING FACILITIES

SECTION 16 TEMPORARY FACILITIES

Division III Earthwork and Landscape

SECTION 17 GENERAL

SECTION 18 DUST PALLIATIVES

SECTION 19 EARTHWORK

SECTION 20 LANDSCAPE

SECTION 21 EROSION CONTROL

SECTION 22 FINISHING ROADWAY

Division IV Subbases and Bases

SECTION 23 GENERAL

SECTION 24 STABILIZED SOILS

SECTION 25 AGGREGATE SUBBASES

SECTION 26 AGGREGATE BASES

SECTION 27 CEMENT TREATED BASES

SECTION 28 CONCRETE BASES

SECTION 29 TREATED PERMEABLE BASES

SECTION 30 RECLAIMED PAVEMENT

SECTIONS 31-35 RESERVED

Division V Surfacing and Pavements

SECTION 36 GENERAL

SECTION 37 BITUMINOUS SEALS

SECTION 38 RESERVED

SECTION 39 ASPHALT CONCRETE

SECTION 40 CONCRETE PAVEMENT

SECTION 41 EXISTING CONCRETE PAVEMENT

SECTION 42 GROOVE AND GRIND CONCRETE

SECTIONS 43-44 RESERVED

Division VI Structures

SECTION 45 GENERAL

Table of Contents ii

SECTION 46 GROUND ANCHORS AND SOIL NAILS

SECTION 47 EARTH RETAINING SYSTEMS

SECTION 48 TEMPORARY STRUCTURES

SECTION 49 PILING

SECTION 50 PRESTRESSING CONCRETE

SECTION 51 CONCRETE STRUCTURES

SECTION 52 REINFORCEMENT

SECTION 53 SHOTCRETE

SECTION 54 WATERPROOFING

SECTION 55 STEEL STRUCTURES

SECTION 56 OVERHEAD SIGN STRUCTURES, STANDARDS, AND POLES

SECTION 57 WOOD AND PLASTIC LUMBER STRUCTURES

SECTION 58 SOUND WALLS

SECTION 59 STRUCTURAL STEEL COATINGS

SECTION 60 EXISTING STRUCTURES

Division VII Drainage Facilities

SECTION 61 GENERAL

SECTIONS 62-63 RESERVED

SECTION 64 PLASTIC PIPE

SECTION 65 CONCRETE PIPE

SECTION 66 CORRUGATED METAL PIPE

SECTION 67 STRUCTURAL PLATE CULVERTS

SECTION 68 SUBSURFACE DRAINS

SECTION 69 OVERSIDE DRAINS

SECTION 70 MISCELLANEOUS DRAINAGE FACILITIES

SECTION 71 EXISTING DRAINAGE FACILITIES

Division VIII Miscellaneous Construction

SECTION 72 SLOPE PROTECTION

SECTION 73 CONCRETE CURBS AND SIDEWALK

SECTION 74 PUMPING EQUIPMENT AND CONTROLS

SECTION 75 MISCELLANEOUS METAL

SECTION 76 WELLS

SECTION 77 LOCAL INFRASTRUCTURE

SECTION 78 INCIDENTAL CONSTRUCTION

SECTION 79 RESERVED

SECTION 80 FENCES

Division IX Traffic Control Devices

SECTION 81 MISCELLANEOUS TRAFFIC CONTROL DEVICES

SECTION 82 SIGNS AND MARKERS

SECTION 83 RAILINGS AND BARRIERS

SECTION 84 MARKINGS

SECTION 85 RESERVED

Division X Elecrical Work

SECTION 86 GENERAL

SECTION 87 ELECTRICAL SYSTEMS

SECTION 88 RESERVED

Division XI Materials

SECTION 89 AGGREGATE

SECTION 90 CONCRETE

SECTION 91 PAINT

SECTION 92 ASPHALT BINDERS

Table of Contents iii

SECTION 93 RESERVED

SECTION 94 ASPHALTIC EMULSIONS

SECTION 95 EPOXY

SECTION 96 GEOSYNTHETICS

SECTIONS 97-98 RESERVED

Division XII Building Construction

SECTION 99 BUILDING CONSTRUCTION

PROPOSAL

EXHIBIT A BID SCHEDULE

LIST OF SUBCONTRACTORS

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION

SMALL BUSINESS STATUS

PUBLIC CONTRACT CODE

PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT

PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE

PUBLIC CONTRACT SECTION 10232 STATEMENT

NONCOLLUSION DECLARATION

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION

NONLOBBYING CERTIFICATION FOR FEDERAL AID CONTRACTS

DISCLOSURE OF LOBBYING ACTIVITIES

INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING

ACTIVITIES

ADDENDA ACKNOWLEDGMENT

SECURITY

DEBARMENT AND SUSPENSION CERTIFICATION

LIST OF PRINCIPALS

COUNTY OF TUOLUMNE BIDDER’S BOND

CONTRACT

PERFORMANCE BOND

PAYMENT BOND

MAINTENANCE WARRANTY BOND

Appendix A CALTRANS REVISED STANDARD SPECIFICATIONS Appendix B PROJECT EXHIBIT

Notice to Bidders 1

NOTICE TO BIDDERS

NOTICE IS HEREBY GIVEN THAT sealed bids will be received in the office of the Tuolumne County Department of Public Works at the A.N. Francisco Building, Third Floor, 48 Yaney Avenue, Sonora, California 95370 until 2:00 p.m. on November 30, 2023 (“Bid Date”) after which said bids will be publicly opened and read in the Third Floor Conference Room at 48 Yaney Avenue, in accordance with the contract documents referred to as:

Kewin Mill Culvert Lining Project Contract No. 1774

Any bid received after the time and date listed above will be returned unopened. Bids are required for the entire work described in accordance with the provisions of the contract documents on the proposal forms furnished therein, and in accordance with these Special Provisions and with the Standard Specifications and Standard Plans published by the State of California Department of Transportation (Caltrans), dated 2018.

DESCRIPTION OF WORK: The work to be done consists, in general, of repair of roadway cross culvert.

The Engineer’s Estimate for this project is $126,000

PRE-BID INFORMATION AND COMMUNICATIONS: No pre-bid meeting is scheduled for this project. Bidders shall address any questions in writing to the County. The County will post the questions received, along with written responses, to the County website, https://procurement.opengov.com/portal/tuolumnecountyca. It is the responsibility of the bidder to check the County website to review the questions and responses. Except for questions that might render the award of this contract invalid, the County will not respond to any questions submitted five days prior to the Bid Date. Any oral responses to questions are not binding on the County. Any communications relative to this project should be directed in writing through the procurement question and answer feature or to:

Denise Zitnik

2 South Green Street Sonora, CA 95370 dzitnik@co.tuolumne.ca.us

CONTRACT DOCUMENTS: Plans, specifications, proposal forms, and plans for bidding this project are available at https://procurement.opengov.com/portal/tuolumnecountyca

UNFAIR ADVANTAGE: No contractor which has provided design services for a project shall be eligible to submit a proposal for the contract to construct the project or to subcontract for any portion of the work. The County reserves the right to determine eligibility on a case-by-case basis.

Notice to Bidders 2

COMPLETION OF WORK: The Bidder is referred to Section 8, “Prosecution and Progress,” of these Special Provisions which allows twenty (20) working days for completion of the work.

Liquidated damages of two thousand and eight hundred dollars ($2,800) per calendar day will be assessed for each day of delay in completion of the work.

QUANTITY OF WORK: The quantities shown in the proposal forms are approximate only and given as a basis for the comparison of bids. The County of Tuolumne does not expressly or by implication assert that the actual amount of work will correspond herewith and reserves the right to increase or decrease the amount of any portion of the work or to omit portions of the work as may be deemed necessary.

BID SECURITY: All bids shall be accompanied by cash or a certified or cashier’s check payable to the order of the County of Tuolumne amounting to ten percent (10%) of the bid or a bond in said amount payable to the County as liquidated damages. Said amount shall be retained by, or said bond shall become payable to, the County if the bidder depositing same does not, within ten

(10) working days after written notice that the contract has been awarded to it, enter into a contract with the County.

BONDS: The successful bidder shall furnish a payment bond and a performance bond, each in the amount of one hundred (100) percent of the contract price, and a maintenance warranty bond in an amount equal to twenty five (25) percent of the contract price.

ADDENDUMS TO BID DOCUMENTS The Engineer may issue addendums to the project plans and specifications as he deems necessary to modify the project documents prior to opening of bids. Addendums will be in writing and may modify the content of the project documents as well as the date that bids are accepted by the County. The County will post any issued addenda to along with written responses, in the County e-Procurement platform, https://procurement.opengov.com/portal/tuolumnecountyca. It is the responsibility of the bidder to check for any addenda.

LOCAL VENDORS: The County encourages bidders to consider using local vendors when putting together their proposals. Be advised that the inclusion or exclusion of local vendors will not be taken into consideration when the County reviews the submitted bid proposals.

CONTRACTOR LICENSE REQUIRED: The successful bidder, before contract award, shall possess a current Class A Contractor license issued by the State of California Licensing Board.

Failure of the bidder to obtain the required license before award of the contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder.

NON-DISCRIMINATION: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.

Notice to Bidders 3

WAGE RATES: Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the County in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project, available at the County of Tuolumne Department of Public Works and available from the California Department of Industrial Relations’ Internet web site at http://www.dir.ca.gov.

DIR REGISTRATION AND NOTICE: To be qualified to bid on, be listed in a bid proposal or engage in the performance of any public work contract subject to Labor Code section 1720, contractors and subcontractors must be registered with the Department of Industrial Relations.

Please see http://www.dir.ca.gov/Public-Works/PublicWorks.html for more information. No contract will be entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the project.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Each contractor and subcontractor must furnish certified payroll records to the Labor Commissioner at least monthly.

The County is required to provide notice to DIR of any public work contract subject to prevailing wages within thirty (30) days of the award.

PAYMENT RETENTION: Upon the Contractor’s request, the County will make payment of funds withheld from progress payments, pursuant to the requirements of Public Contract Code section 22300 if the Contractor deposits, in escrow with the County Treasurer or with a bank acceptable to the County, securities eligible for the investment of State of California funds under Government Code section 16430 or bank or savings and loan certificates of deposit in accordance with the conditions of the Special Provisions.

AWARD OF CONTRACT: The award of the contract, if it is to be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed. Such award, if made, will be made within sixty (60) days after the opening of the proposals, unless an extension is agreed to by the lowest responsible bidder. The award of the contract will be subject to the availability of funds. The County of Tuolumne reserves the right to reject any or all bids and to waive any irregularities in the bidding.

Heather Ryan

Clerk of the Board of Supervisors

Dated: November 7, 2023

Special Provisions 4

ORGANIZATION

Special provisions are under headings that correspond with the main-section headings of the Standard Specifications. A main-section heading is a heading shown in the table of contents of the Standard Specifications.

Each special provision begins with a revision clause that describes or introduces a revision to the Standard Specifications as revised by any revised standard specification.

Any paragraph added or deleted by a revision clause does not change the paragraph numbering of the Standard Specifications for any other reference to a paragraph of the Standard Specifications.

DIVISION I GENERAL PROVISIONS

SECTION 1

GENERAL

Attention is directed to the provisions of section 1, “General,” of the Standard Specifications and these Special Provisions for the general rules of interpretation.

Add to section 1-1.01, “General”:

The work embraced herein shall be done in accordance with the Standard Specifications dated 2018, and the Standard Plans dated 2018, of the California Department of Transportation insofar as the same may apply and in accordance with the following Special Provisions.

In case of conflict between the Standard Specifications and these Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions.

Revisions to the Standard Specifications set forth in these Special Provisions shall be considered as part of the Standard Specifications for the purposes set forth in section 5-1.02, “Contract Components,” of the Standard Specifications. Whenever either the phrase “Standard Specifications is revised” or the term “Standard Specifications are revised” is used in these Special Provisions, the indented text or table following the term shall be considered a revision to the Standard Specifications.

In case of conflict between such revisions and the Standard Specifications, the revisions shall take precedence over and be used in lieu of the conflicting portions.

Revise the following definitions in section 1-1.07, “Definitions” to mean:

Necessary substitutions of the legal entities in the Standard Specifications and Standard Plans shall be hereafter noted. The intent and meaning of the terms in the proposal, contract and other contract documents shall be interpreted accordingly as follows:

Special Provisions 5

ATTORNEY GENERAL – Shall mean the County Counsel of the County of Tuolumne.

BOARD OF SUPERVISORS – Shall mean the Board of Supervisors of the County of Tuolumne.

CONTRACT/CONTRACT DOCUMENTS – Shall mean the written and executed contract between the County of Tuolumne and the Contractor.

COUNTY - Shall mean the County of Tuolumne.

DEPARTMENT/DEPARTMENT OF TRANSPORTATION - Shall mean the County of Tuolumne.

DISTRICT - Shall mean the County of Tuolumne.

DIRECTOR/DIRECTOR OF TRANSPORTATION - Shall mean the County of Tuolumne Department of Public Works Director of Public Works or her authorized representative.

ENGINEER/OFFICE ENGINEER - Shall mean the County of Tuolumne Department of Public Works Director of Public Works or her authorized representative.

HOLIDAY – Holiday shown in the following table:

Every Sunday Every Sunday New Year’s Day January 1st Martin Luther King, Jr. Day 3rd Monday in January President’s Day 3rd Monday in February Memorial Day Last Monday in May Juneteenth June 19th Independence Day July 4th Labor Day 1st Monday in September Veterans Day November 11th Thanksgiving Day 4th Thursday in November Day after Thanksgiving Day Day after Thanksgiving Day Day before Christmas December 24th Christmas Day December 25th

If a fixed holiday falls on a Sunday, the Monday following is a holiday. If December 24th falls on a Sunday, the Tuesday following is a holiday.

MAY - “MAY” is permissive.

MUST - "MUST" is mandatory.

SHALL - “SHALL” is mandatory.

Special Provisions 6

STANDARD PLANS - Shall mean the Standard Plans published by the State of California, Department of Transportation, dated 2018, and including Revised Standard Plans.

STANDARD SPECIFICATIONS - Shall mean the Standard Specifications published by the State of California, Department of Transportation, dated 2018, and including Revised Standard Specifications (RSS) and Standard Special Provisions (SSPs). Any reference therein to the State of California or a State agency, office or officer shall be interpreted to refer to the County or its corresponding agency, office or officer, or officer acting under this contract.

STATE - As used in the Standard Specifications and these Special Provisions, shall mean the County of Tuolumne.

Any additional information or documents referenced in the Standard Specifications and relating to this project, if available, may be obtained or examined at the County of Tuolumne Department of Public Works.

Replace section 1-1.12, “Miscellany” with:

Make checks and bonds payable to the County of Tuolumne.

SECTION 2

BIDDING

Attention is directed to the provisions of section 2, “Bidding,” of the Standard Specifications and these Special Provisions for the requirements and conditions related to the preparation and submission of the bid.

Add to section 2-1.01, “General”:

Bids shall be submitted in a sealed envelope clearly marked “BID – DO NOT OPEN,” along with the name and address of the bidder, the title of the project, and the date and time of the bid opening.

Any bid received after the time and date listed in the Notice to Bidders will be returned unopened.

The bidder's bond shall conform to the bond form in the Bid Book for the project and shall be properly filled out and executed. The bidder’s bond form included in that book may be used.

In conformance with Public Contract Code section 7106, a Noncollusion Declaration is included in the Bid Book. Signing the Bid Book also constitutes signature of the Noncollusion Declaration.

The Contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of Title 49 CFR (Code of Federal Regulations) part 26 in the award and administration of US DOT assisted contracts. Failure by the Contractor to carry out these requirements is a material

Special Provisions 7 breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Each subcontract signed by the bidder shall include this assurance.

Failure of the bidder to fulfill the requirements of these Special Provisions for submittals required to be furnished after bid opening, including, but not limited to, escrowed bid documents, where applicable, may subject the bidder to a determination of the bidder’s responsibility in the event it is the apparent low bidder on future County contracts.

Replace section 2-1.02, “Bid Ineligibility” with:

A firm that has provided architectural or engineering services to the County for this contract before bid submittal for this contract is prohibited from any of the following:

1. Submitting a bid

2. Subcontracting for a part of the work

Replace section 2-1.03, “Contractor Registration” with:

Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No contract will be entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the project. To this end, bidder shall sign and submit with its proposal the Public Works Contractor Registration Certification on the form provided, attesting to the facts contained therein. Failure to submit this form may render the proposal non-responsive. In addition, each bidder shall provide the registration number for each listed subcontractor in the space provided in the List of Subcontractors form.

Add section 2-1.05, “Requirements”:

2-1.05A Public Contract Code

The Contractor shall complete and endorse of the following Public Contract Code requirements:

Public Contract Code section 10285.1 Statement

Public Contract Code section 10162 Questionnaire

Public Contract Code section 10232 Statement

Non-collusion Declaration, Title 23, United States Code, section 112, and Public Contract Code section 7106. Signing the proposal also constitutes signature of the Noncollusion Declaration.

Equal Employment Opportunity Certification

Special Provisions 8

2-1.05B Addenda

Any addenda issued by the Engineer during the time of bidding, or forming a part of the documents issued to the bidder for preparation of its bid, shall be covered in the bid and shall be a part of the contract. The County will post any issued addenda to the County website, www.tuolumnecounty.ca.gov. Receipt of all addenda shall be acknowledged on the bid proposal form in the space provided therefor. It is the responsibility of the bidder to check for any addenda.

Replace section 2-1.06A, “General” with:

The Notice to Bidders and Special Provisions includes the Notice to Bidders, Revised Standard Specifications, and these Special Provisions.

Plans, specifications, proposal forms, and plans for bidding this project are available at https://procurement.opengov.com/portal/tuolumnecountyca Bidders must submit bids on proposal forms purchased from the County of Tuolumne Department of Public Works.

Proposals may be rejected if they have been transferred to another bidder, or if they show any alteration of form, additions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind.

Add to section 2-1.10, “Subcontractor List”:

The bidder shall list in the Bid book the name, the location of the place of business, the California contractor license, and DIR registration number of each subcontractor to whom the bidder proposes to subcontract portions of the work in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, in accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code. The bidder’s attention is invited to other provisions of the Act related to the imposition of penalties for a failure to observe its provisions by using unauthorized subcontractors or by making unauthorized substitutions. The list of subcontractors shall also set forth the portion of work that will be done by each subcontractor listed.

A sheet for listing the subcontractors, as required herein, is included in the proposal.

Delete section 2-1.15, “Disabled Veteran Business Enterprises” in its entirety

Delete section 2-1.18, “Small Business and Non-Small Business Subcontractor Preferences” in its entirety

Delete section 2-1.27, “California Companies” in its entirety

Special Provisions 9

Replace section 2-1.33A, “General” with:

Complete the forms in the Bid Book.

Use the forms provided by the County except as otherwise specified for a bidder’s bond.

Failure to submit the forms and information as specified may result in a nonresponsive bid.

If an agent other than the authorized corporate officer or a partnership member signs the bid, file a Power of Attorney with the County either before opening bids or with the bid. Otherwise, the bid may be nonresponsive.

Replace section 2-1.34, “Bidder Security” with:

Submit one of the following forms of bidder's security equal to at least ten (10) percent of the bid:

1. Cash

2. Cashier's check

3. Certified check

4. Signed bidder's bond by an admitted surety insurer

Bid bonds shall be underwritten by an admitted surety. The County reserves the right to satisfy itself as to the acceptability of the surety.

Replace section 2-1.40, “Bid Withdrawal” with:

The County may waive any informalities or minor defects or reject all bids. Any bid may be withdrawn before the bid opening. No bidder may withdraw a bid within sixty (60) days after the bid opening date. If the contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the County and the bidder.

SECTION 3

CONTRACT AWARD AND EXECUTION

Attention is directed to the provisions of section 3, “Contract Award and Execution,” of the Standard Specifications and these Special Provisions for the requirements and conditions relating to contract award and execution.

Add to section 3-1.01, “General”:

Special Provisions 10

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

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

Attn: Engineering Division

2 South Green Street

Add to section 3-1.02A, “General”:

The estimated quantities listed in the Bid are approximate and for the basis of award of Contract.

Payment will be made on the measurement of the work actually performed by the contractor. The County reserves the right to increase or decrease the amount of any class of work as may be deemed necessary and as stated in section 9-1.06.

When the Bid for the work is to be submitted on a lump sum basis, a single lump sum price must be submitted in the appropriate place. The total amount to be paid the contractor must be the amount of the lump sum in the Bid, as adjusted for additions or deletions resulting from changes in construction. After award of Contract, the contractor will break down and submit the lump sum Bid into unit prices for the various portions to be completed.

Replace section 3-1.04, “Contract Award” with:

Any bidder submitting a bid proposal to the County may file a protest of the County’s intent to award the contract provided that each and all of the following are complied with:

A. The bid protest is in writing;

B. The bid protest is filed and received by the Clerk of the Board of Supervisors not more than five (5) calendar days following the date of issuance of the County’s Notice of Intent to Award the Contract; and

C. The written bid protest sets forth, in detail, all grounds for the bid protest, including without limitation all facts, supporting documentation, legal authorities and argument in support of the grounds for the bid protest; any matters not set forth in the written bid protest shall be deemed waived. All factual contentions must be supported by competent, admissible and creditable evidence.

Any bid protest not conforming with the foregoing shall be rejected by the County as invalid.

Provided that a bid protest is filed in strict conformity with the foregoing, the County Engineer or such individual(s) as may be designated by him, shall review and evaluate the basis of the bid protest. Either the County Engineer or other individual designated by him shall provide the bidder

Special Provisions 11 submitting the bid protest with a written statement concurring with or denying the bid protest. The County Board of Supervisors will render a final determination and disposition of a bid protest by taking action to adopt, modify or reject the disposition of a bid protest as reflected in the written statement of the County Engineer or his designee.

Action by the County Board of Supervisors relative to a bid protest shall be final and not subject to appeal or reconsideration by the County, any employee or officer of the County or the County Board of Supervisors. The rendition of a written statement by the County Engineer or his designee and action by the County Board of Supervisors to adopt, modify or reject the disposition of the bid protest reflected in such written statement shall be express conditions precedent to the institution of any legal or equitable proceedings relative to the bidding process, the County’s intent to award the contract, the County’s disposition of any bid protest or the County’s decision to reject all bid proposals. In the event that any such legal or equitable proceedings are instituted and the County is named as a party thereto, the prevailing party(ies) shall recover from the other party(ies), as costs, all attorneys’ fees and costs incurred in connection with any such proceeding, including any appeal arising therefrom.

Bid protests are to be delivered to the following address:

County of Tuolumne Board of Supervisors 2 South Green Street

The award of the contract is subject to the availability of funds.

All bids will be compared on the basis of the Engineer’s Estimate of the quantities of work to be done.

The award of contract, if it is awarded, will be to the lowest responsible and responsive bidder whose proposal complies with all the requirements prescribed and will be made within sixty (60) days of bid opening, unless an extension is agreed to by the lowest responsible bidder.

Replace section 3-1.05, “Contract Bonds (Pub Contract Code §§ 10221 and 10222)” in its entirety with:

The successful bidder shall furnish three bonds:

1. Payment bond, to secure the payment of claims of laborers, workers, mechanics or materialmen providing goods, labor, or services under the contract. This bond must be equal to at least 100 percent of the total bid.

2. Performance bond shall guarantee the faithful performance of the contract. This bond must be equal to at least 100 percent of the total bid.

3. Maintenance warranty bond shall continue for one year after acceptance of the work by the Board of Supervisors. This bond must be equal to at least 25 percent of the total bid.

Special Provisions 12

The form for each bond is included after the sample contract.

Any alterations, extensions of time, extra and additional work, and other changes authorized by these specifications or any part of the contract may be made without securing the consent of the surety or sureties on the contract bonds.

The following documents shall be submitted with the bonds:

A. Printed out information from the website of the Department of Insurance confirming the surety is an admitted surety insurer and attaching it to the bond.

B. A certificate from the county clerk that confirms the surety is an admitted insurer and attaching it to the bond.

Add to section 3-1.06, “Contractor’s License”:

Prior to award of the contract, the Contractor shall possess a Class A Contractor License issued by the State of California Contractor’s Licensing Board. Failure of the bidder to obtain the required license before award of the contract constitutes a failure to execute the contract and shall result in the forfeiture of the security of the bidder.

Add to section 3-1.07, “Insurance Policies”:

Attention is directed to section 7-1.06, “Insurance,” of these Special Provisions for the requirements and conditions relating to insurance.

Replace section 3-1.13, “Form FHWA-1273” in its entirety with:

Form FHWA-1273, “Federal Requirements for Federal-Aid Construction Contracts,” is not applicable to this project. 2 CFR Sections 200.326 and 2 CFR Part 200, Appendix II, “Required Contract Clauses” shall apply to this contract.

Add to section 3-1.18, “Contract Execution”:

The successful bidder must sign the Contract form.

Deliver to the County of Tuolumne, Department of Public Works at 2 South Green Street Sonora CA 95370:

1. Signed Contract form

2. Contract bonds

3. Documents identified in section 3-1.07

The County must receive these documents before the 10th business day after the bidder receives the contract.

Special Provisions 13

The bidder's security may be forfeited for failure to execute the contract within the time specified (Pub Contract Code §§ 10181, 10182, and 10183).

SECTION 4

SCOPE OF WORK

Attention is directed to the provisions of section 4, “Scope of Work,” of the Standard Specifications and these Special Provisions for the requirements and conditions related to the scope of work.

Add to section 4-1.03, “Work Description”:

Payment for the work shall be considered as the price of various bid items shown in Exhibit A (Bid Schedule) and paid in accordance with the Standard Specifications and these Special Provisions, as applicable.

The Contractor shall submit details for any proposed maintenance or construction procedures that differ substantially from those set forth in the contract documents. The Contractor shall not use any alternative procedures, except as authorized by an approved change order.

Replace section 4-1.06B, “Contractor’s Notification” in its entirety with:

Provide notification in writing promptly and before disturbing affected area for any of the following:

1. Subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract.

2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as included in the work provided for in the contract are encountered at the site.

Upon written notification the Engineer will investigate the conditions, and if the Engineer determines the conditions materially differ and cause an increase or decrease in the cost or item required for the performance of any work under the contract, an adjustment, excluding loss of anticipated profits, will be made and the contract modified. The Engineer will notify you of his determination whether or not an adjustment of the contract is warranted.

You will be allowed 15 days from notification of determination to file a notice of potential claim as allowed under section 5-1.43, otherwise the Engineer's determination will be deemed to have been accepted by you as correct.

The notice of potential claim must state how your position differs from the Engineer's determination and you must provide any additional information obtained by you, including but not limited to additional geotechnical data. Supplementary information, obtained by you subsequent to the filing of the notice of potential claim, must be submitted to the Engineer in an expeditious manner.

Special Provisions 14

No contract adjustment which results in a benefit to you will be allowed unless you provide the required written notice.

Any contract adjustment warranted due to differing site conditions will be made under the provisions in section 4-1.05.

Add to section 4-1.13, “Cleanup”:

The Contractor shall leave the job site neat and presentable after each working day. All materials, equipment, tools etc. shall be properly secured to provide public safety to nearby building for public uses.

SECTION 5

CONTROL OF WORK

Attention is directed to the provisions of section 5, “Control of Work,” of the Standard Specifications and these Special Provisions for the requirements and conditions related to the control of work.

Add to section 5-1.02, “Contract Components”:

Your subcontract and any lower tier subcontract must include the "Required Contract Provisions Federal-Aid Construction Contracts" under section 7-1.11 of the Standard Specifications.

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

Add to section 5-1.03, “Engineer’s Authority”:

The Contractor is authorized to take direction only from the Engineer or his Designated Project Representative(s) who shall be named by the Engineer prior to the start of work.

Add to section 5-1.08, “Inspection”:

All work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer two (2) working days in advance of the start of work to coordinate and schedule inspection staff.

The County will provide one (1) inspector and one (1) resident engineer for an 8-hour day and 40-hour week basis only. The contractor shall reimburse the County in the amount of $226.00 per hour for inspection and $250 per hour for resident engineer costs for time in excess of 8 hours per day, 40 hours per week, or inspection performed during designated County holidays. In addition, the

Special Provisions 15 contractor shall reimburse the County in the amount of $200.00 per hour for each additional inspector required to perform fulltime inspection of all contractor operations. Typical situations were this will apply are when the contractor has multiple crews in separate locations performing work on a single day. If actual Inspector and Resident Engineer rates are less than those listed, the contract shall reimburse the County at those rates.

For this project, working hours will be 7:00 a.m. to 5:00 p.m. and working days will be Monday through Friday. Requests for authorization to perform work outside the allowed working hours and days shall be made to the Engineer in writing and at least 48 hours in advance. The Contractor shall reimburse the County for the actual cost of all inspection in excess of the allowed working hours and days, including designated holidays and weekends.

The Contractor shall provide a competent person during normal working hours to assist the Engineer, when required, in checking the Contractor’s layout and for measuring quantities for payment purposes. The Contractor shall cooperate with the Engineer so that checking and measuring may be accomplished with the least interference to the Contractor’s operations.

No additional compensation will be made to the Contractor for fulfilling these requirements.

Add to section 5-1.09, “Partnering”:

The Contractor may request the formation of a “Partnering” relationship as specified in section 5- 1.09, “Partnering,” of the Standard Specifications.

The establishment of a “Partnering” relationship is subject to approval by the Engineer and will not change or modify the terms and conditions of the contract and will not relieve either party of the legal requirements of the contract.

Add to section 5-1.13A, “Subcontracting”:

Attention is directed to the provisions of section 5-1.13, “Subcontracting,” of the Standard Specifications. Attention is also directed to the provisions of section 2, “Bidding,” and section 3, “Contract Award and Execution,” of the Standard Specifications and these Special Provisions.

Pursuant to the provisions in Section 1777.1 of the Labor Code, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors is available from the Department of Industrial Relations website at http://www.dir.ca.gov/dlse/debar.html.

Your subcontractors will perform the work and supply the materials they are listed for unless you have prior written authorization to perform the work with other forces or obtain the materials from other sources.

Replace the fifth paragraph in section 5-1.13A, “General” with:

Special Provisions 16

Perform work equaling at least 50 percent of the value of the original total bid with your employees and with equipment you own or rent, with or without operators.

Delete section 5-1.13C, “Disabled Veteran Business Enterprises” in its entirety

Delete section 5-1.13D, “Non–Small Businesses” in its entirety

Add to section 5-1.13J, “Prompt Progress Payment to Subcontractors”:

A prime contractor or subcontractor shall pay any subcontractor not later than seven (7) days of receipt of each progress payment in accordance with the provisions in Section 7108.5 of the Business and Professions Code concerning prompt payment to subcontractors. The 7-day period is applicable unless a longer period is agreed to in writing. Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanction and other remedies of that section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non-DBE subcontractors.

Add to section 5-1.13K, “Prompt Payment of Funds Withheld to Subcontractors”:

The County may hold retainage 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 moneys withheld in retention from the subcontractor within seven (7) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the County, unless as agreed to in writing by the prime contractor and subcontractor, pursuant to Section 7108.5 of the Business and Professions Code and Section 10262 of the California Public Contract Code. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified therein. Those 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.

Add to section 5-1.16, “Representative”:

The Contractor shall personally supervise the work under the contract or shall designate in writing to the County the name of its representative who shall at all times be present at the site of the work.

The authorized representative shall have full authority to direct the work and shall receive and obey orders from the County. The Contractor shall provide the County one (1) week’s written notice of change to authorized representative.

Special Provisions 17

Add to section 5-1.20B(1), “General”:

County Encroachment Permit Prior to starting work within the County of Tuolumne’s right-of-way, the Contractor will be required to obtain an Encroachment Permit through the Department of Public Works.

Encroachment permit fees are waived.

Full compensation for conforming to the requirements in this permit is included in the payment for the bid items and no additional compensation will be allowed.

Add to section 5-1.20B(4), “Contractor-Property Owner Agreement”:

The Contractor shall secure, at its own expense, any area required for plant sites, storage of equipment or materials, or for other purposes if sufficient area is not available to it within the project limits. Full compensation for arranging, developing and final cleanup of the site is included in the payment for the bid items and no additional compensation will be allowed.

Add to section 5-1.23A, “General”:

Within ten (10) days after executing the contract, but not less than fourteen (14) days before materials are scheduled to be ordered or incorporated into the work, the Contractor shall submit mix designs with supporting test data, required engineering calculations, public notifications, traffic control plans, construction schedule, product literature, material samples, etc., as required in the specifications and by the Engineer, for review by the County.

Shop drawings shall be submitted at least twenty-one (21) calendar days before approved drawings will be required for the work. Longer review periods may be required for structural components.

Submitted materials, layouts, methods and equipment shall not be used in the work until favorably reviewed by the Engineer. Shop drawings shall comply with Section 5-1.23B(2), “Shop Drawings,” of the Standard Specifications.

The Contractor shall submit four (4) copies of shop drawings, product literature, etc. as required by the Engineer. Submittals will be marked as follows:

NET - No Exceptions Taken.

MCN - Make Corrections Noted – same as NET except minor corrections shall be made by the Contractor. No re-submittal required.

AR – Revise and Resubmit – major inconsistencies or errors to be resolved or corrected.

RR – Rejected – Resubmit – does not conform with plans or specifications.

NET and MCN are considered favorable. Favorable review will not constitute acceptance of any responsibility for the accuracy, coordination and completeness of the shop drawings or information presented. Accuracy, coordination, and completeness of all submittals shall be the sole responsibility of the Contractor, including responsibility to back check comments, corrections, and modifications.

Special Provisions 18

All submittals shall be marked in the lower right hand corner of the first page in the following format:

Submittal Number - bid item, material, specification section, and date.

Example: Submittal 1 – Item #6, Concrete, Section 10-1.24, 1/1/2017

The Contractor shall not begin work until the required submittals have been submitted and approved by the Engineer. If the Contractor fails to submit the necessary documentation within the time set forth above, the County may cancel the contract, and all obligations thereunder shall be null and void.

All materials approved by the County on the basis of manufacturer’s data may be sampled and tested at any time during the life of the contract. Approval of the submittals shall not relieve the Contractor of responsibility for using material in the work which conforms to the contract requirements. Any material not conforming to contract requirements will be subject to rejection whether in place or not.

Add section 5-1.23D, “As-Built Drawings”:

The Contractor shall maintain one (1) set of full size prints and mark thereon any deviations from plan dimensions, elevations, or orientations, and shall submit same in good condition to the County upon completion of the work as a condition of acceptance of the project. Marked prints shall be updated at least once each week and shall be available to the County for review as to the accuracy prior to developing progress payment estimates.

Replace section 5-1.26, “Construction Surveys” in its entirety with:

The Contractor must, at its expense, establish temporary horizontal and vertical control based on the existing points, which shall become the basis for the project construction staking. All staking, grade setting, surveying or stationing shall be performed under the supervision of a licensed land surveyor or civil engineer registered in the State of California. Copies of cut sheets shall be provided to the County.

The Contractor shall provide a competent person in its employ during normal working hours to assist the Engineer, where required, in checking lines and grades in the Contractor’s layout.

Add to section 5-1.31, “Job Site Appearance”:

Contractor shall contact the Tuolumne County Solid Waste Division for the most recent State Diversion requirements governing collection and recycling of construction waste.

Add to section 5-1.32, “Areas for Use”:

Special Provisions 19

The road right of way shall be used only for purposes that are necessary to perform the required work. The Contractor shall not occupy the right of way, or allow others to occupy the right of way, for purposes which are not necessary to perform the required work.

The Contractor shall remove all equipment, materials, and rubbish from the work areas and other property which it occupies and shall leave the areas in a presentable condition.

Add to section 5-1.38, “Maintenance and Protection Relief”:

Nothing in Section 5-1.38, “Maintenance and Protection Relief,” of the Standard Specifications providing for relief from maintenance and responsibility will be construed as relieving the Contractor of full responsibility for making good defective work or materials found at any time before completion of the one year maintenance warranty period.

Add to section 5-1.46, “Final Inspection and Contract Acceptance”:

Upon substantial completion of the work, the Engineer shall provide a punch list to the Contractor for items not completed as noted by the Engineer. Upon completion of all punch list items, the Contractor shall request final inspection of the work. If work is approved as complete (including all required forms and reports), Engineer shall proceed with recommendation of acceptance of contract.

Add to section 5-1.47, “Guarantee”:

For a period of one year after acceptance of the work, the Contractor shall be responsible for the repair of all defects or failures occurring in the work which are, as determined by the Engineer, due to negligence in the manufacture and/or installation of the facility, exclusive of the operation of the facility by the County or its agents, acts of third parties, acts of God, or acts of the common enemy.

The obligation of the Contractor under this paragraph shall be enforceable against its surety or sureties for the Maintenance Warranty Bond under this contract, during the life of the contract and for one year after the final acceptance of all work under the contract. The form of the bond and surety shall be satisfactory to the County.

Replace paragraphs 9, 10, 11, and 12 of section 5-1.47, “Guarantee” with:

The Contractor, upon notice from the Engineer, shall promptly commence and diligently prosecute the repair of any…