Bid Notice.pdf

INVITATION FOR BID

ZP 24-020

INDEPENDENCE JAIL LANDSCAPING

168 N Edwards Street

Independence, CA 93526

RELEASE DATE: November 6, 2026

DEADLINE FOR QUESTIONS: December 9, 2026

RESPONSE DEADLINE: December 11, 2026, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com//portal/countyofinyoca

INVITATION FOR BID #ZP 24-020

Independence Jail Landscaping

TABLE OF CONTENTS

1. INTRODUCTORY DOCUMENTS

2. NOTICE INVITING BIDS

3. BID PROPOSAL FORMS

4. Pricing Proposal Form

5. Bid Submission Conditions and Instructions

6. Vendor Certifications and Questionnaire

7. SPECIAL PROVISIONS

8. Specifications Approval and Introduction

9. Special Provisions

10. Technical Specifications

11. COUNTY INSURANCE REQUIREMENTS

12. Minimum Insurance Requirements

Attachments:

A - MWELO-Performance_App_ with_Ord-Independence_Jail

B - Independence Jail Landscaping Plan_Signed

C - Sample Contract & Bonds

Independence Jail Landscaping Page 1

1. INTRODUCTORY DOCUMENTS

1.1. NOTICE INVITING BIDS

The Inyo County Public Works Department is soliciting bids for the Independence Jail Landscaping.

Bid Packages, which include the Notice Inviting Bids, Bid Proposal Forms, Contract and Bond Forms, Special Provisions, and Plans, are available at no charge at the County of Inyo's procurement website at https://procurement.opengov.com/portal/countyofinyoca. Bidders are responsible for ensuring that they have registered as interested bidders on Open Gov's bidder registration system; bidders who fail to register as interested bidders may not be notified should any Addenda be issued. If the Department issues any

Addenda to the Bid Package that is not acknowledged, the Bid Proposal may be rejected.

Bids must be submitted electronically via the County of Inyo's procurement website at https://procurement.opengov.com/portal/countyofinyoca. For How-To videos and technical support with the OpenGov system, please visit OpenGov How-To Videos and Technical Support.

To be considered, bids must be electronically submitted to Open Gov on or before Friday, December 11, 2026 at 3:00 pm, at which time they will be publicly opened and read aloud. No hard copy, mailed, emailed, oral, telegraphic, telephonic, or faxed bids will be accepted.

General Work Description:

The Independence Jail Landscaping Project consists of excavation, grading, irrigation, planting, and other related construction activities involving the landscaping of the project. The project includes installation of new landscaping and a new irrigation system. The Contractor shall furnish all labor, materials, equipment, and documents necessary to complete the work in accordance with the project plans. Contractor must have

1-year experience in Landscaping and provide an example of previous work. The Contractor shall provide a Soil Management Report and analysis for the selected plant materials, consistent with the Model Water

Efficient Landscape Ordinance (MWELO) requirements included in the attached documentation. All work shall be performed in conformance with the attached plans and the defined project scope of work.

Contractor will need to provide submittals and fulfill contract requirements prior to work.

The Contractor shall provide instruction and training on proper planting techniques, warranty requirements, and ongoing plant maintenance, and shall implement appropriate measures to protect the installed landscaping included in with the warranty.

Estimated Construction Costs: 97,140.00

Contract Time: 90 Calendar Days

Liquidated Damages: $200/Calendar Day

An optional job walk is scheduled for Wednesday, December 2, 2026 at 10:00 am at the 550 S. Clay Street, Independence CA 93526.

All project work is more particularly described in the plans and special provisions. All of the work shall be in accordance with all applicable Federal, State, and local laws, codes, and regulations.

Technical questions related to project work, site conditions, or other related inquiries should be submitted through OpenGov. All questions must be submitted on or before Wednesday, December 9, 2026 at 3:00

Independence Jail Landscaping Page 2

pm. Do not submit questions via any method other than through OpenGov, and do not contact County staff directly to ask questions. All questions and responses (if the County chooses to provide a response) will be posted at the County of Inyo's procurement website at https://procurement.opengov.com/portal/countyofinyoca on Thursday, December 10, 2026.

Bids shall conform to and be responsive to the Contract Documents. Bids are required for the entire work described in the Contract Documents. The contract, if awarded, will be based on the lowest responsible bid total price.

Each Bid must be submitted on the Bid Proposal Forms furnished as a part of the Bid Package. Each Bid must be accompanied by a Proposal Guarantee in the amount and form described in the Bid Package, in an amount not less than 10% of the amount of the bid, made payable to the order of the County of Inyo. The check or bond shall be given as security that the bidder will enter into the Contract with the County and furnish the required Faithful Performance Bond, Labor and Materials Payment Bond, Certificates and/or original endorsements of insurance, or other required documents. The check or bond may be retained by the County for ninety (90) days or until the Contract is fully executed by the successful bidder and the

County, whichever first occurs.

The successful bidder shall be required to furnish a Faithful Performance Bond and a Labor and Materials

Payment Bond on the forms provided in the Bid Package and in the amount of 100% of the Contract amount.

Insurance requirements for the project can be found in the Attachments section of this bid package.

The successful bidder must be licensed as required by law, and consistent with the Contract Documents, at the time the contract is awarded, which license shall be a current California C-27 Landscape Contractor or combination of license classifications necessary to complete the work. license or a combination of all specialty classifications that will be required for complete performance of all of the work in accordance with the Contract Documents, and if applicable, a joint venture license as defined in the Business and

Professions Code, Section 7029. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute failure to execute the contract and shall result in the forfeiture of the security of the bidder.

In addition to the requirements set forth in this Notice Inviting Bids, all bids shall be subject to the requirements set forth in the Special Provisions, Standard Specifications of the Inyo County Public Works

Department, dated May 2020, Contract Documents and other applicable law.

The Contract is subject to the State Contract nondiscrimination and compliance requirements pursuant to

Government Code, Section 12990, and other applicable law.

The Contract is also subject to and incorporates by reference the provisions of Public Contract Code, Section 22300, pursuant to which, the Contractor is permitted to substitute securities for earned retention or have them placed in escrow at the Contractor's expense, as also set forth in Section 1150.15 of the

Standard Specifications.

Pursuant to Section 1725.5 of the Labor Code, the bidder is required to certify that they, and all subcontractors listed on the submitted Bid Form documents, are registered with the California Department of Industrial Relations.

Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in Inyo County have been determined by the Director of the State Department of Industrial Relations. These wage rates appear in the

Department of Transportation publication entitled "General Prevailing Wage Rates,” in effect at the time the project is advertised. Future effective wage rates, which have been predetermined and are on file with

Independence Jail Landscaping Page 3 the State Department of Industrial Relations, are referenced, but not printed, in said publication. Such rates of wages are on file with the State Department of Industrial Relations and the Public Works Department of the County of Inyo and are available to any interested party upon request.

Inyo County reserves the right at any stage of these proceedings to reject any or all Bids or to waive any immaterial defect in any Bid if it is deemed to be in the best interest of the County.

The definition and meanings of the words used in this Notice Inviting Bids are the same as set forth in

Section 1070, “Abbreviations, Symbols, and Definitions,” of the Standard Specifications of the Inyo County

Public Works Department, dated May 2020.

Each bidder must supply all the information required by the Contract Documents, Special Provisions and

Standard Specifications.

2. BID PROPOSAL FORMS

2.1. Pricing Proposal Form

BASE BID

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 Mobilization & Demobilization 1 LS

2 Excavation Existing Surface (Trees, Existing Landscape Irrigation Lines, and Landscape Irrigation Systems) .

Any electrical, plumbing, other utilities are to remain in place and not to be disturbed.

281 CY

3 Install & Purchase: Irrigation System. 1 LS

4 Place & Purchase: Crushed Stone

(ANEJO GOLD).

219 CY

5 Place & Purchase: Crushed Stone

(APACHE SUNSET).

60 CY

6 4' Wide Path 3/4" Crushed Stone Path 2 CY

7 Rock Placement. 9 EA

8 Place & Purchase: Soil Mulch. 89 EA

9 Place & Purchase: Selected Plants. 89 EA

10 Progressive Clean Up 1 LS

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Line Item Description Quantity Unit of

Measure Unit Cost Total

11 Soil Management Report & Analysis 1 LS

TOTAL

ADDITIVE ONE

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 Place Concrete Barrier 2 CY

2 Excavation Existing Surface (Trees, Existing Landscape Irrigation Lines, and Landscape Irrigation Systems)

89 CY

3 Install & Purchase: Irrigation System 1 LS

4 Place & Purchase: Crushed Stone

(ANEJO GOLD)

65 CY

5 Crushed Stone (APACHE SUNSET) 24 CY

6 Place & Purchase: Soil Mulch 25 EA

7 Place & Purchase: Selected Plants 25 EA

8 Rock Placement 3 EA

9 Progressive Clean Up 1 LS

10 Soil Management Report & Analysis 1 LS

TOTAL

2.2. Bid Submission Conditions and Instructions

In submitting this Bid, Bidder understands and agrees that:

A. BID DEADLINE. Bids must be received no later than 3:00 pm on Friday, December 11, 2026 via Inyo County's electronic bid submission portal on OpenGov.com, at which time they will be publicly opened and read aloud. No mailed, hand-delivered, oral, telegraphic, telephonic or fax proposals or modifications will be accepted.

Independence Jail Landscaping Page 5

B. No provision in this section is intended or shall be construed to alter the terms and conditions specified in the Contract Documents for payment of any amounts in the event the Project contract is awarded to Bidder pursuant to this Bid.

C. INCLUSION OF ALL COSTS. This Bid includes all costs for all labor, materials, tools, taxes, insurance, transportation, and other related supplies and services to perform all services and provide all materials as required by, and in accordance with, the Contract Documents for the

Project.

D. CONTRACT DOCUMENTS. The Contract Documents shall constitute the Contract between the parties, which will come into full force and effect upon acceptance, approval, and execution by the Inyo County Board of Supervisors. The Contract Documents are complementary and are incorporated herein by reference and made a part hereof with like force and effect as if all of said documents were set forth in full herein. The Contract Documents include all documents defined as "Contract Documents" in the Standard Specifications of the Inyo County Public Works

Department, dated May 2020.

E. ACCEPTANCE. County reserves the right to reject any and all Bids, or part of any Bid, to postpone the scheduled Bid deadline date(s), to make an award in its own best interest, and to waive any irregularities or technicalities that do not significantly affect or alter the substance of an otherwise responsible Bid and that would not affect a Bidder’s ability to perform the work adequately as specified. However, this Bid shall remain open and shall not be withdrawn for a period of ninety (90) calendar days after the date designated in the Notice Inviting Bids for publicly opening this Bid. If Bidder receives written notice of the award of the Project Contract to

Bidder on or before the sixtieth day, Bidder shall execute the Contract and deliver to County the executed Contract and all of the bonds, certificates and/or endorsements of insurance coverage, and other required documents no later than fifteen (15) calendar days after the date on which

Bidder receives such notice. This solicitation in no way obligates County to award a Bid Contract described herein, nor will County assume any liability for the costs incurred in the preparation and transmittal of Bids in response to this solicitation. County reserves the right to not accept any

Bid, to reject any or all Bids, to reject any part of any Bid proposal, to negotiate and modify any

Bid, and to waive any defects or irregularities in any Bid at County’s sole discretion.

Furthermore, County shall have the sole discretion to award a Bid Contract as it may deem appropriate to best serve the interests of County. In this regard, County may consider demonstrated quality of work, responsiveness, comparable experience, professional qualifications, references, and proposed fees. Awards will not be based on cost alone. County does not guarantee a minimum or maximum dollar value for any Contract(s) resulting from this solicitation. If the Contract Documents require or permit this Bid to include two or more

Alternates, County reserves the right to award the Contract for that Alternate which County, in its sole discretion, determines at the time of award to be in County's best interest.

F. TIME OF COMPLETION. The Bidder further specifically agrees to complete all the work no later than the Time for Completion specified in the Contract Special Provisions.

Independence Jail Landscaping Page 6

G. BID PROTEST. In the event a dispute arises concerning the bid process prior to the award of the contract, the complaining party must follow the mandatory adminsitrative procedure set forth in

Inyo County Code Chapter 6.30 and pursuant to the following bid protest procedures:

1. Only a bidder who has actually submitted a Bid Proposal is eligible to submit an appeal request/bid protest against another bidder. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest.Appeal must be in writing. The appeal must contain a complete statement of the basis for the protest and all supporting documentation. Materials submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. The protest must include the name, address and telephone number of the person representing the protesting bidder if different from the protesting bidder. A copy of the protest and all supporting documents must also be transmitted by fax or by e-mail, by or before the Bid

Protest Deadline, to the protested bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest. Must be submitted within ten (10) calendar days of the date of the recommended award or denial of award letters. An appeal of a denial of award can only be brought on the following grounds: Failure to follow the selection procedures and adhere to requirements specified in the Bid Package or any addenda or amendments. There has been a violation of conflict of interest as provided by

California Government Code Section 87100 et seq. A violation of State or Federal law. Appeals will not be accepted for any other reasons than those stated above. All appeals must be sent to: Nate Greenberg, Purchasing Director, 224 N. Edwards St., Independence, CA 93526County’s Purchasing Director shall make a decision concerning the appeal, and notify the Proposer making the appeal, within a reasonable timeframe prior to the tentatively scheduled date for awarding the contract. The decision of County’s Purchasing Director shall be deemed final.

H. DEFINITIONS. The definition and meaning of the words used in this Bid Proposal Form are the same as set forth in Section 1070, "Abbreviations, Symbols and Definitions," of the Standard

Specifications of the Inyo County Public Works Department, dated May 2020.

2.3. Vendor Certifications and Questionnaire

1. Bidder is:*

☐ Individual

☐ Partnership

☐ Joint Venture

☐ Corporation

☐ Limited Liability Company (LLC)

*Response required

2. Address and Phone Number The address provided may be used to send official communications regarding this bid.

3. Federal Identification No.*

Independence Jail Landscaping Page 7

*Response required

4. CA State License Board (CSLB) Number, Expiration Date, and Type* Please enter your CSLB Number which will be verified on the CSLB Website:

https://www2.cslb.ca.gov/onlineservices/checklicenseII/checklicense.aspx

*Response required

5. Bid Proposal Certification* THE BIDDER HEREBY DECLARES, UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF

CALIFORNIA, THAT THE STATEMENTS MADE IN THIS BID PROPOSAL FORM, INCLUDING ALL OF THE

ATTACHED STATEMENTS, DESIGNATIONS, CERTIFICATES, AND AFFIDAVITS, ARE TRUE AND CORRECT, AND

THAT THEY ARE THE INDIVIDUAL, MANAGING PARTNER, OR CORPORATE OFFICER, DULY AUTHORIZED BY

LAW TO MAKE THIS BID ON BEHALF OF CONTRACTOR, AND BY CONFIRMING BELOW DO MAKE THIS BID ON

BEHALF OF CONTRACTOR ACCORDING TO ALL OF THE TERMS AND CONDITIONS SET FORTH OR REFERENCED

HEREIN.

☐ Please confirm

*Response required

6. Please type your total bid amount in both numbers and words. * *Response required

7. Please list all addenda that you have received.* *Response required

8. As security for the Bid, this Bid must include one of the following proposal guarantee instruments in the amount of ten percent (10%) of the total amount of the

Bid. If the Contract Documents require or permit this Bid to include two or more alternates, the amount of the Proposal Guarantee must not be less than ten percent

(10%) of the amount of the bid total submitted for the alternate having the highest total bid amount. Would you like to submit an e-bid bond with Surety2000? * If you click 'No' you will be given the option to upload a copy of your hard copy bid bond.

☐ Yes

☐ No

*Response required

When equals "Yes"

8.1. Surety2000 Bid Bond Verification*

Please enter your Bid Bond information from Surety2000 below. If you do not have a Vendor ID, please use your company's EIN.

*Response required

When equals "No"

8.2. Please upload your bid bond*

No County form is included, bidder may use the form from their bonding company.

*Response required

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9. Proposal Guarantee Forfeiture* Bidder hereby agrees that County shall be entitled to payment by forfeiture of the Proposal Guarantee if

County awards the Project Contract to Bidder, but Bidder fails or refuses to execute the Contract and/or furnish all of the bonds, certificates and/or endorsements of insurance coverage, and other required documents no later than fifteen (15) calendar days after the date on which Bidder receives notice of the award from County.

☐ Please confirm

*Response required

10. Will you be using any subcontractors on this project?

☐ Yes

☐ No

When equals "Yes"

10.1. Bidder's List of Subcontractors*

Please download the below documents, complete, and upload.

• Bidder's_List_of_Subcontrac...

*Response required

11. Is your business or are any of your subcontractors a Small Business

Enterprise or a Local Business?

Section 6.06 of the Inyo County Code explains the Local Business/Small Business contracting preferences.

☐ Yes

☐ No

When equals "Yes"

11.1. Commitment & Verification Forms

Please download the below documents, complete, and upload the forms that pertain to your bid.

• Local_Business_Contracting_...

• SBE_Commitment_Form.pdf

12. Certification Regarding Equal Employment Opportunity* During the performance of this Contract, the Contractor and its subcontractors shall not unlawfully deny the Contract's benefits to any person, nor shall any person be unlawfully subjected to discrimination under the contract and its performance on the basis of religion, color, ethnic group identification, sex, age, or disability. In addition, the Contractor and its subcontractors shall not discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, age, or sex. The Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free from such discrimination.

The Contractor shall comply with the provisions of the Fair Employment and Housing Act (Government

Code, Section 12900 et seq.), the regulations promulgated thereunder (California Code of Regulations, Title

Independence Jail Landscaping Page 9

2, Section 7285.0 et seq.), and the Provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the

Government Code (Government Code, Sections 11135-11139.7).

Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

The Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract.

☐ Please confirm

*Response required

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

☐ Please confirm

*Response required

14. CA DIR Registration Number* Please type in your DIR Registration number which will be verified by the County on the DIR website.

*Response required

15. CA DIR Registration Certification* Bidder hereby certifies that they, and all subcontractors listed on the submitted Bid Form documents, are registered with the CA Department of Industrial Relations pursuant to requirements of California Labor

Code Section 1725.5 and will comply with all requirements as noted in the aforementioned Labor Code section.

☐ Please confirm

*Response required

16. Non-Collusion Affidavit* Pursuant to Cal. Public Contract Code section 7106 and Cal. Code of Civil Procedure section 2015.5, bidder hereby declares that I am the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. 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. All statements contained in the bid are true. 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, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration

Independence Jail Landscaping Page 10 on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

By checking the box below, I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

☐ Please confirm

*Response required

17. Disqualification Questionnaire* In accordance with Public Contract Code Section 10162, the Bidder shall answer, under penalty of perjury, the following question:

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

*Response required

When equals "Yes"

17.1. Disqualification Questionnaire Follow Up

Please explain the circumstances if you responded "yes" to the Disqualification Questionnaire.

18. NLRB Order Certification * 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.

By checking the box below, Bidder certifies, under penalty of perjury under the laws of the State of

California, that the foregoing statements in accordance with Public Contract Code Section 10232 are true and correct.

☐ Please confirm

*Response required

19. Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any County officer, in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any Board action related to this contract, or do you, your company or agent plan to make such a contribution in the three (3) months following the Board Action?* Government Code Section 84308, also known as the "Levine Act", to prohibit County “officers” from participating in any action related to a contract if such member receives political contributions totaling more

Independence Jail Landscaping Page 11 than $500 within the previous twelve months, and for three months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract.

Section 84308(a)(4) of the Levine Act defines an "officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “officer” is further defined 2 Cal. Code Regs. Section

18438.1, which states:

An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency of officers who may do so, and:

(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;

(2) Serve as a member of a board or commission;

(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or

(4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.

The party making this certification isresponsible for determining whether a recipient of a political contribution is a County officer prior to answering.

☐ Yes

☐ No

*Response required

20. Example Of Previous Landscaping Work. * Please attach images or plans for previous work.

*Response required

3. SPECIAL PROVISIONS

3.1. Specifications Approval and Introduction

The Independence Jail Landscaping (Project), a public works project of Inyo County, is to be constructed and completed in accordance with these Special Provisions, the Project Plans, and, insofar as they are referenced herein, the Standard Specifications of the Inyo County Public Works Department dated May

2020 (Standard Specifications). The Special Provisions, the Project Plans, and the sections of the Standard

Specifications referenced herein, constitute a portion of the “Contract Documents” (as that term is defined in section 1-1.07 of the Standard Specifications) governing the project and shall therefore be binding upon and observed by the person/entity with whom the County of Inyo enters into contract for construction of the Project.

Copies of the Project Plans and the Standard Specifications may be obtained from the Inyo County Public

Works Department in Independence, California and are included in this bid package.

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Unless indicated otherwise, all references in this document to sections are to those in the Inyo County

Standard Specifications May 2020 or to other sections in these Special Provisions. In case of any irreconcilable conflict between the requirements of the Inyo County Standard Specifications May 2020 referenced herein or the Caltrans Standard Specifications and these Special Provisions, these Special

Provisions shall prevail and be observed.

These Special Provisions have been prepared by the Inyo County Public Works Department under the direction of Michael Errante, Director of Public Works, and are approved for the work contemplated herein.

3.2. Special Provisions

3.2.1. II. Project Description

The Independence Jail Landscaping Project consists of excavation, grading, irrigation, planting, and other related construction activities involving the landscaping of the project. The project includes installation of new landscaping and a new irrigation system. The Contractor shall furnish all labor, materials, equipment, and documents necessary to complete the work in accordance with the project plans. Contractor must have

1-year experience in Landscaping and provide an example of previous work. The Contractor shall provide a Soil Management Report and analysis for the selected plant materials, consistent with the Model Water

Efficient Landscape Ordinance (MWELO) requirements included in the attached documentation. All work shall be performed in conformance with the attached plans and the defined project scope of work.

Contractor will need to provide submittals and fulfill contract requirements prior to work.

The Contractor shall provide instruction and training on proper planting techniques, warranty requirements, and ongoing plant maintenance, and shall implement appropriate measures to protect the installed landscaping included in with the warranty.

3.2.2. Contract Award and Execution (Section 3)

3-1.04 Contract Award

Section 3-1.04 of the Standard Specifications shall be amended as follows:

Whenever possible, the award to the lowest bidder, if made, will be made no later than thirty (30) calendar days after the opening of bid proposals. However, failure of the County to make award within thirty (30) calendar days after the opening of the bid proposals shall not relieve the Contractor of its requirement to deliver an executed contract and bonds, and any other required documents, within 15 days of Notification of Award, as further described in Section 3-1.18: Contract Execution.

3-1.05 Contract Bonds (Public Contract Code §§ 10221 and 10222)

The successful bidder must furnish 2 bonds:

A. Payment bond to secure the claim payments 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 Contract amount.

B. Performance bond to guarantee the faithful performance of the Contract. This bond must be equal to at least 100 percent of the Contract amount.

The bond forms are included in the Attachments.

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3-1.06 Contractor License

For a federal-aid contract, the Contractor must be properly licensed as a contractor from contract award through Contract acceptance (Pub Cont Code § 10164).

For a non-federal-aid contract:

A. The Contractor must be properly licensed as a contractor from bid opening through Contract acceptance (Bus & Prof Code § 7028.15)

B. Joint venture bidders must obtain a joint venture license before contract award (Bus & Prof Code

§ 7029.1)

3-1.07 Insurance Policies

The successful bidder must submit original certificates of insurance and amendatory endorsements or copies of the applicable policy language effecting coverage to meet the requirements in Section 4 of this solicitation, titled County Insurance Requirements. If any discrepancies exist between the Insurance section of the attached sample contract and Section 4 of this bid package, Section 4 governs. If the successful bidder uses any form of self-insurance for workers compensation in lieu of an insurance policy, it shall submit a certificate of consent to self-insure under Labor Code § 3700.

3-1.08 Small Business Enterprise Participation

Section 3-1.08 is amended as follows:

This project is subject to Inyo County Ordinance No. 1258, which creates contracting preferences for local and/or small businesses, and is codified in Inyo County Code Chapter 6.06.

The bidder must:

A. Take necessary and reasonable steps to ensure that small business enterprises (SBEs) have opportunity to participate in the contract.

B. Make work available to SBEs and select work parts consistent with available SBE subcontractors and suppliers.

To qualify for the SBE contracting preference, the bidder must show that he/she is a SBE as described in

Inyo County Code Section 6.06.020 or that the subcontractor(s) proposed for work on the project is/are a

SBE(s) as described in Inyo County CodeSection 6.06.020.

It is the bidders’ responsibility to verify that the SBE(s) is certified as a small business enterprise at the date of bid opening.

SBE CONTRACTING PREFERENCE COMMITMENT SUBMITTAL:

If the bidder is claiming the SBE contracting preference via subcontractors, the bidder must submit SBE information on the “Small Business Enterprise Commitment” form included in the Attachments.

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The bidder must Submit written confirmation from each SBE subcontractor stating that it is participating in the contract. Include confirmation with the SBE Commitment form. A copy of a SBE subcontractor’s quote will serve as written confirmation that the SBE is participating in the contract.

SUBCONTRACTOR AND SBE RECORDS:

The Contractor shall maintain records showing the name and business address of each firsttier subcontractor. The records shall also show the name and business address of every SBE subcontractor, SBE vendor of materials and SBE trucking company, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all of these firms. SBE prime contractors shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

Upon completion of the contract, a summary of these records shall be prepared on “Final Report –

Utilization of Small Business Enterprises - (SBE), First-Tier Subcontractors,” certified correct by the

Contractor or his authorized representative, and submitted to the Engineer. The form shall be furnished to the Engineer within 90 days from the date of contract acceptance.

3-1.18 Contract Execution

The successful bidder must sign the Contract form.

The successful bidder must deliver two (2) fully executed (except for the County’s signature) to the Office

Engineer:

A. Signed Contract form

B. Contract bonds

C. Documents identified in section 3-1.07

D. Payee Data Record

E. Small Business (SB) Participation Report form

F. For a federal-aid contract, Caltrans Bidder - DBE Information form

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

The bidder's security may be forfeited for failure to execute the contract within the time specified (Pub Cont

Code §§ 10181, 10182, and 10183).

A copy of the Contract form is included in your bid book.

3.2.3. Legal Relations and Responsibility to the Public (Section 7)

Section 7 of the Standard Specifications are amended to read as follows:

7-1.02K(2) Wages

The general prevailing wage rates, determined by the Department of Industrial Relations, for Inyo County, are available at the County of Inyo address or the California DIR web site at http://www.dir.ca.gov. Changes

Independence Jail Landscaping Page 15 are available at the same locations. These wage rates are not included in the Contract Documents. All labor will be paid at not less than these minimum wage rates.

7-1.02K(3) Certified Payroll Records (Labor Code §1776)

Contractor must keep accurate payroll records, and submit a copy of your certified payroll records weekly, including those of subcontractors to the following:

A. Inyo County Department of Public Works

B. Division of Labor Standards Enforcement of the Department of Industrial Relations

C. Division of Apprenticeship Standards of the Department of Industrial Relations

Include in the certified payroll:

1. Each employee's:

1.1. Full name

1.2. Address

1.3. Social security number

1.4. Work classification

1.5. Straight time and overtime hours worked each day and week

1.6. Actual wages paid for each day to each:

1.6.1. Journeyman

1.6.2. Apprentice

1.6.3. Worker

1.6.4. Other employee you employ for the work

1.7. Pay rate

1.8. Itemized deductions made

1.9. Check number issued

2. Apprentices and the apprentice-to-journeyman ratio

3. A Statement of Compliance signed under penalty of perjury that declares:

A. The information contained in the payroll record is true, correct, and complete

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

C. The wage rates paid are at least those required by the Contract

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7-1.05 Indemnification

Contractor shall hold harmless, defend, and indemnify the County of Inyo and its officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses including attorney fees and litigation costs, arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the County.

3.2.4. Prosecution and Progress (Section 8)

Amended to read as follows:

8-1.05 Time

The Contractor shall complete all designated portions of the work required to be provided pursuant to the contract no later than 90 Calendar Days from and including the Starting Date, plus such additional days, if any, which are expressly granted as extensions of time by Contract Change Orders signed and issued by the

County. Such total number of days shall be referred to herein as the “Time for Completion.”

Failure of the Contractor to perform any covenant or condition contained in the Contract Documents within the time period specified shall constitute material breach of this Contract entitling the County to terminate the Contract unless the Contractor applies for, and receives, an extension of time in accordance with the procedures set forth in Section 8-107B SS, “Time Adjustments.”

8-1.10 Liquidated Damages

In accordance with Government Code Section 53069.85, the Contractor shall pay to the County of Inyo, liquidated damages in the amounts of:

$200/Calendar Day for each and every calendar day delay in finishing work in excess of the Time for

Completion specified.

The County shall be entitled to deduct the amounts of liquidated damages from any payment otherwise due to the Contractor.

3.3. Technical Specifications

See Attached Plans.

4. COUNTY INSURANCE REQUIREMENTS

4.1. Minimum Insurance Requirements

Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, its agents, representatives, or employees or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE

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Coverage shall be at least as broad as:

4.1.1. Commercial General Liability (CGL)

Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence, $2,000,000 general aggregate limit.

4.1.2. Automobile Liability

Insurance Services Office Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

4.1.3. Workers’ Compensation

Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Provision may be waived if

Contractor provides written declaration of the following: (a) Contractor has no employees and agrees to obtain workers’ compensation insurance and notify Inyo County if any employee is hired, (b) Contractor agrees to verify proof of coverage for any subcontractor, and (c) Contractor agrees to hold Inyo County harmless and defend Inyo County in the case of claims arising for failure to provide benefits.)

4.1.4. Contractor Broader Coverage

If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, Inyo

County requires and shall be entitled to the broader coverage and/or the higher limits maintained by the

Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to Inyo County.

4.1.5. OTHER INSURANCE PROVISIONS

The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status: Inyo County, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

Primary Coverage: For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects Inyo County, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by Inyo County, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.

Notice of Cancellation: Each insurance policy required above shall state that coverage shall not be canceled, except with notice to Inyo County.

Umbrella or Excess Policy: The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the

Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, includes, but not limited to, primary and noncontributory, additional insured, Self-Insured Retentions

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(SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true

“following form” or broader coverage basis, with coverage at least as broad as provided on the underlying

Commercial General liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

Waiver of Subrogation: Contractor hereby grants to Inyo County a waiver of any right to subrogation which any insurer of said Contractor may acquire against Inyo County by virtue of the payment of any loss under such insurance. The contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not Inyo County has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions: Self-insured retentions must be declared to and approved by Inyo County. Inyo

County may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Inyo County. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by Inyo County. Any and all deductibles and SIRs shall be the sole responsibility of the Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured

Parties. Inyo County may deduct from any amounts otherwise due Contractor to fund the SIE/deductible.

Policies shall not contain any self-insured retention (SIR) provision that limits the satisfaction pf the SIR to the Named. The policy must also provide that Defense costs, including ALAE, will satisfy the SIR or deductible. Inyo County reserves the right to obtain a copy of any policies and endorsements for verification.

Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to Inyo County.

Claims Made Policies: If any of the required policies provide coverage on a claims-made basis:

A. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

B. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

C. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase

“extended reporting” coverage for a minimum of five (5) years after completion of contract work.

Verification of Coverage: Contractor shall furnish Inyo County with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements and copies of all Declarations and Endorsements pages are to be received and approved by Inyo County before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. Inyo

County reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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Special Risks or Circumstances: Inyo County reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.