Modoc MUP Phase II Landscaping and Irrigation Improvements.pdf

COUNTY OF SANTA BARBARA

DEPARTMENT OF PUBLIC WORKS

TRANSPORTATION DIVISION

NOTICE TO BIDDERS

AND

SPECIAL PROVISIONS

FOR

MODOC MUP PHASE II

LANDSCAPING AND IRRIGATION IMPROVEMENTS

COUNTY PROJECT NO 862462

IN THE 2ND SUPERVISORIAL DISTRICT

UNDER:

Bid Book dated 9/28/2026 Standard Specifications dated 4/20/2026

Project Plans approved 09/22/2026 Standard Plans dated 4/20/2026

COUNTY PROJECT NO. 862462

BID OPENING LOCATIONS:

PlanetBids https://www.planetbids.com/portal/portal.cfm?CompanyID=43874

BID OPENING TIME AND DATE:

2:00 PM on Tuesday, October 20, 2026

Electronic Advertising Contract

CHRISTOPHER SNEDDON

DIRECTOR OF PUBLIC WORKS

County Project No. 862462 24 September 2026 2 of 40

NOTICE TO BIDDERS AND SPECIAL PROVISIONS

MODOC MUP PHASE II LANDSCAPING AND IRRIGATION IMPROVEMENTS COUNTY IN THE 2ND

SUPERVISORIAL DISTRICT

COUNTY PROJECT NO. 862462

The Special Provisions contained herein have been prepared under the direction of the following Registered Persons.

ESAU BLANCO

REGISTERED CIVIL ENGINEER

DATE

ALMA GARCIA-ARROYO

PROJECT MANAGER

EASU BLANCO

SECTION MANAGER (APPROVAL

RECOMMENDED)

CHRISTOPHER SNEDDON

DIRECTOR OF PUBLIC WORKS

(APPROVED)

BOB NELSON

BOARD OF SUPERVISORS, CHAIR

(APPROVED)

ESAU

BLANCO

06/30/2027

No. C62853

CIVIL

9/24/2026

Docusign Envelope ID: 589E5B06-305C-8592-8086-D878FF2E53D0

9/28/2026 | 8:50 AM PDT

9/28/2026 | 8:50 AM PDT

9/28/2026 | 10:15 AM PDT

County Project No. 862462 28 September 2026 3 of 29

TABLE OF CONTENTS

TABLE OF CONTENTS

TABLE OF CONTENTS

SPECIAL NOTICE

NOTICE TO BIDDERS

BID ITEM LIST

COUNTY PROVISIONS

DIVISION I GENERAL PROVISIONS

1 GENERAL

2 BIDDING

3 CONTRACT AWARD AND EXECUTION

5 CONTROL OF WORK

6 CONTROL OF MATERIALS

7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

8 PROSECUTION AND PROGRESS

9 PAYMENT

TECHNICAL PROVISIONS

ORGANIZATION

DIVISION I GENERAL PROVISIONS

1 GENERAL

8 PROSECUTION AND PROGRESS

9 PAYMENT

12 TEMPORARY TRAFFIC CONTROL

County Project No. 862462 28 September 2026 4 of 29

SPECIAL NOTICE

This project requires the early return of documents in accordance with Section 8-1.04D.

County Project No. 862462 28 September 2026 5 of 29

NOTICE TO BIDDERS

Bids open at 2:00 PM on Tuesday, October 20, 2026 for:

MODOC MUP PHASE II LANDSCAPING AND IRRIGATION IMPROVEMENTS IN THE 2ND

SUPERVISORIAL DISTRICT

COUNTY PROJECT No. 862462

General project work description: Landscaping and Irrigation Improvements

The Plans, Specifications, and Bid Book are available at https://www.planetbids.com/portal/portal.cfm?CompanyID=43874.

The Contractor must have either a Class A license or any combination of the following Class C licenses which constitutes a majority of the work: A, B AND C-27

Submit sealed bids to the web address below. Bids will be opened and available at the web address below immediately following the submittal deadline.

Complete the project work within 95 Workings Days.

The estimated cost of the project is $ 706,000

A optional pre-bid meeting is scheduled for this project on Tuesday, October 13, 2026, at 10:00 AM at Intersection of Obern Trail and Modoc MUP. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR).

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of PCC Section 4104, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code (LAB) Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Business and Professions Code (BPC) Section 7029.1 or by PCC Section 10164 or 20103.5 provided the contractor is registered to perform public work pursuant to LAB Section 1725.5 at the time the contract is awarded.

Prevailing wages are required on this Contract. The Director of the California Department of Industrial Relations determines the general prevailing wage rates. Obtain the wage rates at the DIR website https://www.dir.ca.gov/.

Inquiries or questions based on alleged patent ambiguity of the plans, specifications, or estimate must be submitted as a bidder inquiry by 2:00 PM on 10/16/2026. Submittals after this date will not be addressed.

Questions pertaining to this Project prior to Award of the Contract must be submitted via PlanetBids Q&A tab.

Bidders (Plan Holders of Record) will be notified by electronic mail if addendums are issued. The addendums, if issued, will only be available on the County’s PlanetBids website, By order of the Board of Supervisors of the County of Santa Barbara this project was authorized to be advertised on 11/01/2022

Christopher Sneddon Director of Public Works

County Project No. 862462 28 September 2026 6 of 29

BID ITEM LIST

Item No. F Item Code DESCRIPTION

UNI

T

BID

QUANT

ITY

1 120100 TRAFFIC CONTROL SYSTEM LS 1

2 204011A

24" BOX TREES WITH TREE STAKES

AND 4" PERFORATED PVC PIPES

EA 15

3 204011 5 GALLON OR 4"X14" TREE POT TREES EA 37

4 204036 5 GALLON PLANTS EA 440

5 204039

BLUE X TREE TUBES AND REBAR

STAKES FOR ALL TREES 5 GALLON

AND SMALLER

EA 37

6 205065

5 GALLON AND/OR 4"X14" TREE POT

GOPHER BASKETS

EA 480

7 204035 1 GALLON PLANTS EA 2900

8 205064 1 GALLON GOPHER BASKETS EA 2900

9 204009 4" POT PLANTS EA 710

10 204013 2" LINER PLANTS EA 1160

11 204040 FLATTED PLANTS EA 95

12 204035A

EXTRA PLANT ALLOWANCE (SEE

PLANTING NOTES, SHEET LP-1)

LS 1

13 202007

SOIL PREPARATION AND WEED

REMOVAL

SF 69600

14 202041 AMMONIUM SULFATE FERTILIZER LB 330

15 202042 AGRICULTURAL GYPSUM FERTILIZER LB 650

16 210610 ORGANIC COMPOST CY 260

17 205036

AGROMIN OH ORGANIC HARVEST

PREMIUM SHREDDED BARK MULCH

CY 310

18 205063 TREE ROOT BARRIERS LF 560

19 208431

WILKINS 975XL2TCU, 1-1/2" SIZE

BACKFLOW DEVICE

EA 1

20 208302

COAST GUARD SHACK COR-3 10" W X

24" H X 40" LIFT OFF ENCLOSURE

EA 1

21 206672

TRUE UNION I-2000, 1-1/2" SIZE BALL

VALVE

EA 2

22 206763

DIG LEIT X20 OLAR POWERED

IRRIGATION CONTROLLER, POST

MOUNTED

EA 1

23 208303

COAST GUARD SHACK COR-3 10" W X

24" H X 40" LIFT OFF ENCLOSURE

EA 1

County Project No. 862462 28 September 2026 7 of 29

24 208451

DIG LEMA 160HE DRIP VALVES WITH

NETAFIM LOW VOLUME CONTROL

ZONE KITS

EA 8

25 208452 DIG LEMA 160HE SPRAY VALVES EA 12

26 208223

NETAFIM TECHLINE CV DRIPLINE WITH

EMITTERS

LF 8140

27 208224

NETAFIM TLCV050M1-B DRIP CHECK

VALVE

EA 4

28 208225

NETAFIM TL075FTEE LATERAL LINE TO

DRIP TUBING CONNECTION

EA 8

29 208226

NETAFIM TLAVRV DRIP AIR RELIEF

VALVE

EA 8

30 208227

NETAFIM TLFV-1 AUTOMATIC DRIP

FLUSH VALVE

EA 8

31 208598 SCHEDULE 40 PVC MAINLINE 2" SIZE LF 5690

32 208610

SCHEDULE 40 PVC LATERAL LINE, 3/4",

1" AND 1-1/4" SIZE

LF 6650

33 206923 DIRECT BURIAL IRRIGATION WIRE LF 5690

34 206924

COPPERHEAD INDUSTRIES TRACER

WIRE AND ACCESSORIES

LS 1

35 208450

HUNTER MP ROTATOR SPRINKLERS

WITH PROS-12-PRS40-CV SPRINKLER

BODIES

EA 530

36 204098

6 MONTHS MAINTENANCE DURING

PLANT ESTABLISHMENT PERIOD

SF 69600

37 204035B 10% PLANT REPLACEMENT LS 1

County Project No. 862462 28 September 2026 8 of 29

COUNTY PROVISIONS

The work provided herein must be performed in accordance with the Caltrans Standard Specifications, dated 46132. The Standard Specifications are incorporated herein by reference.

MODIFICATIONS TO STANDARD SPECIFICATIONS

DIVISION I GENERAL PROVISIONS

1 GENERAL

Replace or add the following terms to section 1-1.07B:

CMIS: Construction Management Integrated Software (CMIS)

County: The County of Santa Barbara, a political subdivision of the State of California.

County Clerk: The County Clerk of the County of Santa Barbara.

Department: The County of Santa Barbara acting by and through its Department of Public Works; its authorized representatives.

Director: Director of Public Works of the County of Santa Barbara, or the Director's duly authorized representative.

Engineer: Any duly authorized representative of the Director of Public Works of the County of Santa Barbara.

holiday: Holidays are shown in the following table:

Holidays

Holiday Date observed

Every Sunday Every Sunday

New Year's Day January 1st

Birthday of Martin Luther King, Jr. 3rd Monday in January

Washington's Birthday 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

Christmas Day December 25th

County Furlough Days December 26th through January 1st

If January 1st, June 19th, July 4th, or November 11th falls on a Sunday, the Monday following is a holiday. If January 1st, June 19th, July 4th, November 11th, or December 25th falls on a Saturday, the preceding Friday is a holiday. No work allowed on County Furlough Days.

County Project No. 862462 28 September 2026 9 of 29

State: The State of California and its political subdivisions, including the County of Santa Barbara.

Supplemental Work: Change Order Work.

Add to section 1-1.11:

Websites, Addresses, and Telephone Numbers Reference or agency or department unit Website Address Telephone number

Department of Industrial Relations

Prevailing Wage Rates https://www.dir.ca.gov/Public- Works/Prevailing-Wage.html

Caltrans, Division of Design https://dot.ca.gov/programs/des ign https://www.planetbids.com/por tal/portal.cfm?CompanyID=438

COUNTY OF SANTA BARBARA

PUBLIC WORKS DEPARTMENT

TRANSPORTATION DIVISION

(805) 568-3094

County Municipal Code https://www.municode.com/libra ry/CA/Santa_Barbara_County

County Construction Manager

CONSTRUCTION MANAGER

Brent Clavin

4417 CATHEDRAL OAKS ROAD

SANTA BARBARA, CA 93110

(805) 681-4990

County Project Manager

PROJECT MANAGER

Alma Garcia-Arroyo 620 West Foster Road Santa Maria, CA 93455

805-803-8762

Delete the row for Office Engineer in the table of section 1-1.11.

Replace section 1-1.12 with:

1-1.12 MISCELLANY

Make checks and bonds payable to the County of Santa Barbara.

2 BIDDING

Replace 2-1.04 with:

2-1.04 PREBID MEETING

Section 2-1.04 applies if a mandatory prebid meeting is shown on the Notice to Bidders.

Each bidder must attend the entire meeting. The bidder's representative must be a company officer, project superintendent, or project estimator. For a joint venture, one of the parties must attend the mandatory prebid meeting.

County Project No. 862462 28 September 2026 10 of 29

A sign-in sheet will be used to identify the attendees. Each bidder must include the name and title of the company representative attending the meeting. The sign-in sheet must be signed before the meeting start time. A County representative will announce the start and end of the meeting.

The Department does not accept a bid from a bidder who did not sign the sign-in sheet before the meeting started, or did not attend the entire meeting.

The Department may hold a single prebid meeting for more than one contract. Sign the sign-in sheet for the contract you intend to bid on. If you are bidding on multiple contracts, sign each sign-in sheet for each contract you intend to bid on. The sign-in sheets, with the names of all companies in attendance at each prebid meeting, will be made available at the website shown on the Notice to Bidders for bidder inquiries.

The meeting will provide small businesses with the opportunity to meet and interact with prospective bidders in an effort to increase their participation in the performance of contracts.

Replace section 2-1.06A with:

2-1.06A General

The Bid Book includes bid forms and certifications.

The Notice to Bidders and Special Provisions, Bid Book, project plans, and any addenda to these documents are available at County’s PlanetBids website.

Caltrans Standard Specifications, Standard Plans and Revised Standard plans are available at State of California, Department of Transportation (Caltrans) Division of Design website (https://dot.ca.gov/programs/design).

Replace section 2-1.06B with:

2-1.06B Supplemental Project Information

The Department makes supplemental information available as specified in the special provisions.

If an Information Handout or sections are available, you may view them at County’s PlanetBids website.

Delete section 2-1.20.

Replace section 2-1.22 with:

2-1.22 DISABLED VETERAN BUSINESS ENTERPRISES

Not Used

Replace section 2-1.24 with:

2-1.24 SMALL BUSINESS AND NON-SMALL BUSINESS SUBCONTRACTOR PREFERENCES

Replace section 2-1.27 with:

2-1.27 CALIFORNIA COMPANIES

Replace section 2-1.33A with:

2-1.33A General

Complete the forms in the Bid Book. Include required forms for each proposed subcontractor.

Use the forms provided by the Department except as otherwise specified for a bidder's bond.

Submit Bid Book forms and copies of the forms as instructed in the Notice to Bidders.

County Project No. 862462 28 September 2026 11 of 29

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

Add to section 2-1.33B(1):

Remove bid forms that are due after the time of bid if you choose not to submit the information on those forms at the time of bid.

Delete section 2-1.33B(2)(b).

Replace section 2-1.34 with:

2-1.34 BIDDER'S SECURITY (PUB CONTRACT CODE § 20129(a))

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

1. Cash

2. Cashier's check made payable to the County

3. Certified check made payable to the County

4. Signed bidder's bond by an admitted surety insurer made payable to the County

Submit bidder’s security with the Bid Book before the bid opening time.

If using a bidder's bond, you may use the form in the Bid Book. Bidder’s bond bearing original signatures must be received by Project Manager before expiration of the following day.

If the bid schedule includes alternative or additive items or additive groups, the bid bond must equal at least 10% of the bid plus all alternatives and additives.

Add to section 2-1.43:

If the project has additive bid items or additive groups, the lowest responsible bidder will be determined in accordance with Public Contract Code Division II, Part 3, Chapter 1, Section 20103.8, Subdivision (c) and as follows:

1. The project funding amount will be disclosed before the first bid is opened.

2. The lowest responsible bidder will be determined on the basis of the Total Base Bid plus Total

Additive Items or Total Base Bid plus Total Additive Groups, if any.

3. In the event that all bids including Total Base Bid plus Total Additive Items or Total Base Bid plus

Total Additive Groups exceeds the project funding amount, the lowest bid will be determined on the basis of the Total Base Bid plus those additive items or Total Base Bid plus those additive groups that, when taken in numerical order from the additive list, and added to the Total Base Bid are less than or equal to the funds available.

Add to section 2-1.46:

The Board of Supervisors reserves the right to waive technical errors and discrepancies if it determines it is in the public interest to do so.

3 CONTRACT AWARD AND EXECUTION

Replace section 3-1.02B with:

3-1.02B Tied Bids

The Department breaks a tied bid with a coin toss.

County Project No. 862462 28 September 2026 12 of 29

Replace section 3-1.04 with:

3-1.04 CONTRACT AWARD

Submit any bid protest before 5:00 p.m. of the 10th business day following bid opening to the Department. Include the name, address, and telephone number of your designated representative with a complete statement for grounds of the protest. The protest must refer to the specific portion of the document that forms the basis for the protest.

If the County awards the contract including additive items or additive groups, total bid shall include Total Base Bid plus those additive items or Total Base Bid plus those additive groups used in determining the lowest responsible bidder.

If the County awards the contract, the award is made to the lowest responsible bidder within 65 days. If the lowest responsible bidder refuses or fails to execute the contract, the Director may award the contract to the second lowest responsible bidder. Such award, if made, will be made within 80 days after the opening of bids. If the second lowest responsible bidder refuses or fails to execute the contract, the Director may award the contract to the third lowest responsible bidder. Such award, if made, will be made within 95 days after the opening of bids. The periods of time specified above within which the award of contract may be made shall be subject to a time extension as may be agreed upon in writing between the Department and the bidder concerned.

Replace section 3-1.05 with:

3-1.05 CONTRACT BONDS (PUB CONT CODE § 20129(b) AND CIV CODE § 9554)

The successful bidder must furnish 2 bonds:

1. 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 total bid. The payment bond must also contain provisions which automatically increase amounts thereof and/or time of completion or both for all change orders, extensions and additions to the work provided pursuant to this Agreement.

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

You may provide alternative securities for monies withheld to ensure performance per the terms of Public Contract Code § 22300.

The County furnishes the successful bidder with bond forms.

Both the payment and performance bonds must be executed by one and only one surety. That Surety must be admitted and listed in the Insurance Organizations Authorized By The Insurance Commissioner To Transact Business Of Insurance In The State Of California for the current year, and must be further authorized by the commissioner to issue surety insurance.

Replace section 3-1.08 with:

3-1.08 SMALL BUSINESS PARTICIPATION REPORT

Not Used

Replace section 3-1.11 with:

3-1.11 PAYEE DATA RECORD

Not Used

Replace section 3-1.18 with:

3-1.18 CONTRACT EXECUTION

The successful bidder must sign the County Agreement (Contract) and deliver to the County the following documents:

County Project No. 862462 28 September 2026 13 of 29

1. Signed County Agreement (Contract) via Docusign or other County requested electronic signature process.

2. Two (2) copies of the Performance and Payment Bonds bearing your original signatures.

3. Executed Certificate of Insurance Transmittal form.

4. Insurance Certificates.

5. Executed Taxpayer Identification Number and Certification (IRS Form W-9) and Withholding

Exemption Certificate (CA Form 590).

6. A copy of your Injury and Illness Prevention Program.

7. A copy of your policy on drugs and alcohol.

The County must receive these documents by 4:00 pm on the 8th business day after the bidder receives the unexecuted Contract and Certificate of Insurance Transmittal form.

The bidder’s security may be forfeited, and a successful bidder may be prohibited from participating in future bidding on the project, for failure to execute the contract within the time specified.

Add to section 3-1.19 with:

In accordance with Public Contract Code § 20129, upon an award to the lowest bidder(s), the security of an unsuccessful bidder must be returned in a reasonable period of time, but in no event will that security be held by the County beyond sixty (60) days from the time the award is made.

The person to whom the contract is awarded must execute a bond to be approved by the board for the faithful performance of the contract.

5 CONTROL OF WORK

Replace last paragraph of section 5-1.01 with:

Contract administration forms are available at the State’s website for your use.

Add to the beginning of section 5-1.09A:

Section 5-1.09 applies if there is a bid item for Partnering.

Delete section 5-1.13B.

Replace sections 5-1.13C and 5-1.13D with:

5-1.13C-5-1.13D Reserved

Add to section 5-1.17:

You must implement a policy on drugs and alcohol conforming to 49 CFR Part 40.

Submit a copy of your policy.

Replace the 3rd paragraph of section 5-1.23A with:

Submit action and informational submittals to the Engineer through the County’s CMIS account.

The County provides access to its CMIS account to your designated representatives.

Your designated representatives must be familiar with and understand how to navigate the CMIS online system software.

County Project No. 862462 28 September 2026 14 of 29

Each representative must maintain a unique password.

Replace the 2nd item in list in the 4th paragraph of section 5-1.23A with:

2 Federal Project Number, if any

Replace the introductory paragraph for the 2nd paragraph in section 5-1.27B with:

For at least 4 years after the later of these, retain cost records, including records of:

Replace the 2nd through 4th paragraphs of section 5-1.27E with:

Submit change order bills to Engineer.

Add to section 5-1.37A:

Nothing in this section relieves you from the requirements of section 5-1.36.

Replace section 5-1.37B(1) with:

Size and weight limitations in Veh Code Div 15 may not be exceeded for any bridges open to traffic without prior approval of the Engineer. In addition, County maintains structures that are load rated. You must verify that you do not exceed the load carrying capacity of the structures you intend to cross, or you have obtained a valid County Transportation Permit. You may be required to strengthen, or to provide testing and/or calculations satisfying integrity and safety of the structure under the proposed loading. The County’s Bridge Permit Load Restriction List is available at https://www.countyofsb.org/3221/General- Information

Replace section 5-1.43 with:

5-1.43 POTENTIAL CLAIMS

You must comply with Pub Cont Code § 9204 to pursue a potential claim.

6 CONTROL OF MATERIALS

Replace the 3rd paragraph in section 6-1.02 with:

The Engineer orders the return and disposal of surplus Department-furnished material.

Replace the 2nd paragraph of section 6-1.05 with:

Submit a substitution request no later than the 4th business day following bid opening.

Replace 6-1.06 with:

6-1.06 Reserved

County Project No. 862462 28 September 2026 15 of 29

Replace the 5th paragraph of section 6-2.01A with:

The Department's independent assurance program is described in the County's Quality Assurance Program dated August 2024. For the program go to: https://www.countyofsb.org/3221/General- Information

Replace sections 6-2.01E and 6-2.01F with:

6-2.01E — 6-2.01F Reserved

Replace the 1st paragraph of section 6-2.02D with:

Submit 1 copy of each authorized QC plan.

7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

Add to section 7-1.02I with:

7-1.02I(3) Santa Barbara County Code, Chapter 2, Article XIII

Sec. 2-94. - Exceptions.

The provisions of this article shall not apply to contracts or agreements for the acquisition, exchange or disposition of real property or interests therein, nor to contracts or agreements with the State of California, or its political subdivisions, or with the United States of America.

Sec. 2-95. - Prohibition of unlawful discrimination in employment practices.

The County of Santa Barbara reserves the right to terminate forthwith each and every written contract and agreement (except purchase orders) respecting real property, goods and/or services entered into by the County of Santa Barbara including but not limited to concessions, franchises, construction agreements, leases, whether now in effect or hereinafter made if the County finds that the Contractor is discriminating or has discriminated against any person in violation of any applicable state or federal laws, rules or regulations which may now or hereafter specifically prohibit such discrimination on such grounds as race, religion, sex, color, national origin, physical or mental disability, Vietnam era veteran/disabled, age, medical condition, marital status, ancestry, sexual orientation, or other legally protected status. This right of termination extends to contracts entered into by the County of Santa Barbara or by its joint powers, agencies or agents so long as the County obtains the consent of those parties.

Such finding may only be made after Contractor has had a full and fair hearing on notice of thirty days before an impartial hearing officer at which hearing Contractor may introduce evidence, produce witnesses and have the opportunity to cross-examine witnesses produced by the County. Further, any finding of discrimination must be fully supported by the facts developed at such hearing and set forth in a written opinion; and in addition, Contractor may move in the appropriate court of law for damages and/or to compel specific performance of a Contractor or agreement if any of the above procedures are not afforded to the Contractor. If Contractor is not found to have engaged in unlawful discriminatory practices, County shall pay all costs and expenses of such hearing, including reasonable attorneys' fees, to Contractor in accordance with current Santa Barbara County Superior Court schedule of attorneys' fees for civil trials. If Contractor is found to have engaged in such unlawful discriminatory employment practices, Contractor shall pay all such costs, expenses and attorneys' fees.

Whether or not a contract or agreement is still in existence at the time of final determination of such unlawful discrimination, the Contractor shall forthwith reimburse the County for all damages directly stemming from such discrimination; however, those damages shall not exceed and are not reimbursable in an amount which exceeds amounts paid to Contractor under the terms of the contract or agreement.

Nothing in this section 2-95 shall directly or by interpretation give a private cause of action to any third party (not a signatory to the contract or agreement) including employees past or present, or applicants for employment to Contractor, it being the sole purpose of this clause to administratively assure compliance with the nondiscrimination clauses contained herein.

County Project No. 862462 28 September 2026 16 of 29

With respect to employment discrimination, employment practices shall include, but are not limited to, employment, promotion, demotion, transfer, recruitment and advertising for recruitment, layoff or other termination, rate of pay, employee benefits and all other forms of compensation or selection for training and apprenticeship and probationary periods.

Contractor shall permit access at all reasonable times and places to all of its records of employment, advertising, application forms, tests and all other pertinent employment data and records, to the County of Santa Barbara, its officers, employees and agents for the purpose of investigation to ascertain if any unlawful discrimination as described herein has occurred or is being practiced, provided that such records are relevant to a complaint of an unlawful discriminatory practice which has been forwarded to Contractor reasonably prior to the time Contractor is asked to make such records available. In addition, all such records shall be deemed "Confidential" by the officers, employees and agents of the County. No records or copies of such records may be removed from the premises of Contractor, and no disclosure, oral or written, of such record may be made to third parties except as provided within the agreement. Provided, however, that in the event of a hearing to determine whether or not Contractor is engaging in unlawful discrimination in employment practices as defined herein, the Board of Supervisors of Santa Barbara County may issue subpoenas to require that certified copies of such records be made available to the hearing.

Failure to fully comply with any of the foregoing provisions shall be deemed to be a material breach of any contract or agreement with the County of Santa Barbara. All persons contracting with or who have contracts for goods or services with the County shall be notified that this chapter applies to their contract or agreement with the County of Santa Barbara.

Sec. 2-95.5. - Exceptions.

Notwithstanding any other provisions in this article, any party contracting with the County of Santa Barbara having an affirmative action program which has been approved within twelve months from the date of the contract by an agency of the federal government shall be deemed to be in compliance with the provisions of this article upon furnishing documentary evidence of such approval satisfactory to the County Affirmative Action Officer. Loss of such approval shall be immediately reported by such party to the County Affirmative Action Officer.

Sec. 2-96. - Purchase orders.

Purchase orders shall contain the following clause as grounds for termination of such purchase order.

"If complaint is made that seller is engaging in discriminatory employment practices made unlawful by applicable state and federal laws, rules or regulations, and the State Fair Employment Practice Commission or the Federal Equal Employment Opportunities Commission determines that such unlawful discrimination exists, then the County of Santa Barbara may forthwith terminate this order."

Sec. 2-97. - Affirmative Action Officer.

At the discretion of the County Affirmative Action Officer, he or she shall promptly and thoroughly investigate, or cause to be investigated reports and complaints from whatever source, that any party contracting with the County of Santa Barbara is engaging, or during the term of a contract or agreement with the County of Santa Barbara has engaged, in any unlawful discriminatory employment practices as described in section 2-95 of this Code. If the investigation discloses reason to believe such unlawful discrimination does exist or has existed and the conditions giving rise thereto have not been changed so as to prevent further such unlawful discrimination, and the said party shall not forthwith terminate such unlawful discrimination, take all appropriate steps to prevent a recurrence of such or other unlawful practices, and compensate the person or persons unlawfully discriminated against for any and all loss incurred by reason of such unlawful discrimination, all to the satisfaction of the Affirmative Action Officer, then the Affirmative Action Officer shall cause the matter to be presented for action to the State Fair Employment Practices Commission or the Federal Equal Employment Opportunities Commission, or both, and to any other concerned state or federal agencies or officers.

If and when it has been finally determined by the Affirmative Action Officer, County Counsel, or state or federal regulatory agencies that such unlawful discriminatory employment practice has in fact so occurred or are being carried on, then the Affirmative Action Officer shall forthwith present the entire matter to the Board of Supervisors of the County, together with all damages, costs and expenses related thereto and

County Project No. 862462 28 September 2026 17 of 29 incurred by County, for appropriate action by the Board of Supervisors in accord with the intent and purposes of this article and of the affirmative action program of the County of Santa Barbara.

Sec. 2-98. - Youth group anti-discrimination.

(a) Neither the County of Santa Barbara, nor any of its agencies, departments, affiliates, or political subdivisions over which it exercises jurisdiction, shall:

(1) Deny any youth group equal access to, or fair opportunity to conduct meetings or other events at, or otherwise utilize any public facility;

(2) Deny any youth group use permits or licenses regarding, or otherwise withhold from any youth group permission to use, any public facility; or

(3) Otherwise discriminate against any youth group; on the basis of the membership or leadership criteria of such youth group.

(b) For purposes of this section, a public facility shall include any public forum, limited public forum, public property, or public area including any public building, park, beach, campground, or any other area controlled or operated by the County of Santa Barbara.

(c) For purposes of this section, a youth group means any group or organization intended to serve young people under the age of twenty-one.

Replace the 2nd paragraph of section 7-1.02K(2) with:

The general prevailing wage rates and any applicable changes to these wage rates are available on the California Department of Industrial Relations website.

Replace the 5th and 6th paragraphs of section 7-1.02K(3) with:

Submit certified payroll to the County Office Engineer, via email.

Each submission must:

1. Include a signed Statement of Compliance form with each weekly record.

2. Be received by the Department by close of business on the 15th day of the month for the prior month’s work.

Add to section 7-1.02K(5):

Working hours will normally be between the hours of 7:00 a.m. and 3:30 p.m., excluding Saturdays, and holidays. If the Contractor desires to work during periods other than above, the Contractor must make a request to the Engineer three (3) working days in advance. If County inspection forces are reasonably available, the Engineer may authorize the Contractor to perform work during periods other than normal working hours/days; however, if County inspectors are required to perform in excess of their normal working hours/days solely for the benefit of the Contractor, the actual cost of inspection at overtime rates will be charged to the Contractor. These adjustments to the Contract price may be made periodically as authorized. If certain operations require extended or non-standard working hours, those operations and hours will be specified in the ‘Technical Provisions’ of the Contract.

Add to section 7-1.02K(6)(a):

Your Injury and Illness Prevention Program must include:

1. Safety manual

2. Jobsite checklist

3. Equipment safety checklist

4. Tailgate safety meetings

5. Permit application and job notification form (Construction, Demolition, Trenches, Excavation, Building, Structures, Falsework, Scaffolding) Form Cal/OSHA S-691, latest edition

County Project No. 862462 28 September 2026 18 of 29

Add to section 7-1.02K:

7-1.02K(7) Joint Labor Compliance Monitoring Program

The Joint Labor Compliance Monitoring Program monitors labor compliance by conducting interviews with construction workers at the job site. You, and all subcontractors, must cooperate in allowing approved Compliance Group Representatives along with a County employee access to the project employees and work site for the purpose of conducting worker interview to ensure compliance with the requirement to pay prevailing wages on County projects. This will be done in order to comply with the Board of Supervisors July 10, 2012 adoption of a Joint Labor Compliance Monitoring Program.

Each Compliance Group Representative will always be accompanied with a County employee for a joint contractor worker interview. The Compliance Group Representative will be issued an identification card by the County at the job site. Compliance Group Representatives must restrict their actions to interviewing workers employed on the project. A copy of the Joint Labor Compliance Monitoring Program and Board Letter adoption from July 10, 2012 is available on request.

7-1.02K(8) Compliance Monitoring by the Department of Industrial Relations

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (Labor Code § 1771.4).

Replace section 7-1.02M(2) with:

7-1.02M(2) Fire Protection

Obtain the location(s) and phone number(s) of the nearest fire station(s) to the job site(s) from the Santa Barbara County Fire Department. Post the names and phone numbers at a prominent place at the job site.

Inform the nearest fire station of planned schedule of work, including, but not limited to:

1. Project schedule

2. Description of work

3. Specific work components with fire risks such as welding, grinding, and clearing with gasoline-powered machinery

Submit a copy of your fire prevention plan required by Cal/OSHA as an informational submittal before the start of job site activities.

Cooperate with fire prevention authorities in performance of the work.

Immediately report fires occurring within and near the project limits by dialing 911 and to the nearest fire suppression agency by using the emergency phone numbers retained at the job site.

Prevent project personnel from setting open fires that are not part of the work.

Prevent the escape of and extinguish fires caused directly or indirectly by job site activities.

Obtain the emergency phone numbers of the California Department of Forestry and Fire Protection unit headquarters, United States Forest Service ranger district office, and U.S. Department of Interior Bureau of Land Management field offices. Submit these phone numbers to the Engineer before the start of job site activities. Post the agencies names and emergency phone numbers at a prominent place at the job site.

Hydrocarbon-fueled engines, both stationary and mobile, must be equipped with spark arresters pursuant to Pub Res Code § 4442 except for either of the following:

1. Motor trucks, truck tractors, buses, or passenger vehicles

2. Equipment powered by properly maintained exhaust-driven turbo-charged engines or equipped with scrubbers with properly maintained water levels

Each toilet must have a metal ashtray at least 6 inches in diameter by 8 inches deep, half-filled with sand, and within easy reach of anyone accessing the facility.

County Project No. 862462 28 September 2026 19 of 29

Locate flammable materials at least 50 feet away from equipment service, parking, and gas or oil storage areas. Each small mobile or stationary engine site must be cleared of flammable material for a radius of at least 15 feet from the engine.

Before clearing and grubbing, clear a fire break at the outer limits of the areas to be cleared and grubbed.

Where clearing and grubbing limits allow, use a minimum fire break width of 20 feet. Each area to be cleared and grubbed must be cleared and kept clear of flammable material such as dry grass, weeds, brush, downed trees, oily rags and waste, paper, cartons, and plastic waste.

Cal Fire, USFS, and BLM have established the following adjective class ratings for 5 levels of fire danger for use in public information releases and fire protection signing: “low,” “moderate,” “high,” “very high,” “extreme.” Obtain the fire danger rating daily for the project area from the nearest Cal Fire unit headquarters, USFS ranger district office, or BLM field office. Monitor the National Weather Service daily forecasts for “fire weather watches” and “red flag warnings” covering the project’s locations.

If the fire danger rating is “very high” or a “fire weather watch” is issued, then:

1. Falling of dead trees or snags must be discontinued.

2. No open burning is permitted and fires must be extinguished.

3. Welding must be discontinued except in an enclosed building or within an area cleared of flammable material for a radius of 25 feet.

4. Blasting must be discontinued.

5. Smoking is allowed only in automobiles and cabs of trucks equipped with an ashtray or in cleared areas immediately surrounded by a fire break unless prohibited by other authority.

6. Vehicular travel is restricted to cleared areas except in case of emergency.

If the fire danger rating is “extreme” or a “red flag warning” is issued, take the precautions specified for a “very high” fire danger rating or a “fire weather watch” issuance, except:

1. Smoking is only allowed in automobiles and cabs of trucks equipped with an ashtray.

2. Work of a nature that could start a fire requires that properly equipped fire guards be assigned to such operation for the duration of the work.

The Engineer may suspend work wholly or in part due to hazardous fire conditions. The days during this suspension are non–working days. If field and weather conditions become such that the work is suspended, section 7-1.02M(2) will not be enforced for the period of the suspension.

Replace section 7-1.02M(4) with:

7-1.02M(4) American Medical Response, Santa Barbara County

For all temporary road closure activities, contact the nearest emergency medical response company for the area, American Medical Response, and provide the project location(s) and road closure schedule.

Please see contact information below:

American Medical Response, Santa Barbara County Contact Information

Name Phone Email

AMR Main Office Santa Barbara County (805) 688-6550 amr.santa.barbara@amr.net

Replace section 7-1.02M(5) with:

7-1.02M(5) Sheriff, Santa Barbara County

For all temporary road closure activities, contact the County of Santa Barbara Sheriff’s office at dispatchstaff@sbsheriff.org to provide the project location(s) and road closure schedule.

County Project No. 862462 28 September 2026 20 of 29

Replace section 7-1.02P with:

7-1.02P County Ordinance

7-1.02P(1) General

Comply with The Code of the County of Santa Barbara California (the Code) a codification of the County ordinances.

County Ordinances are available at the County Municipal Code website (https://library.municode.com/ca/santa_barbara_county/codes/code_of_ordinances?nodeId=ADCO) and at County offices located at 123 East Anapamu Street, Santa Barbara, CA 93101 or 620 W. Foster Road Santa Maria, CA 93455.

7-1.02P(2) Grading

Comply with sections 13, 17, and 19.

Santa Barbara County Ordinance No. 4766 and Ordinance No. 691 prohibits the dumping of debris or other materials in a watercourse so as to obstruct or impede normal flow of water therein.

7-1.02P(3) Preservation of Monuments

Comply with County Ordinance 1491, Sec. 28-49 of the Code.

Replace section 7-1.05 with:

7-1.05 INDEMNIFICATION

7-1.05A General

You must indemnify, defend (with counsel reasonably approved by County) and hold harmless County and its officers, officials, employees, agents and volunteers from and against any and all claims, actions, losses, damages, judgments and/or liabilities arising out of this Agreement from any cause whatsoever, including the acts, errors or omissions of any person or entity and for any costs or expenses (including but not limited to attorneys’ fees) incurred by County on account of any claim except where such indemnification is caused by the active negligence, sole negligence, or willful misconduct of the County.

7-1.05B Notification of Accidents and Survival of Indemnification Provisions

You must notify County immediately in the event of any accident or injury arising out of or in connection with this Agreement. The indemnification provisions must survive any expiration or termination of this Agreement.

7-1.05C Responsibility to Other Entities

You are responsible for any liability imposed by law and for injuries to or death of any person, including workers and the public, or damage to property. Indemnify and save harmless any county, city or district and its officers and employees connected with the work, within the limits of which county, city, or district the work is being performed, all in the same manner and to the same extent specified for the protection of the County.

Replace section 7-1.06 with:

7-1.06 INSURANCE

7-1.06A General

You must procure and maintain for the duration of this Agreement 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 your work, your agents, representatives, employees or subcontractors.

7-1.06B Minimum Scope and Limit of Insurance

Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $5,000,000 per occurrence and $10,000,000 in the aggregate.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), with limit no less than $2,000,000 per accident for bodily injury and property damage.

County Project No. 862462 28 September 2026 21 of 29

3. Workers’ Compensation: 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.

4. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability: (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

7-1.06C Other Insurance Provisions

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

1. Additional Insured – COUNTY, its officers, officials, employees, agents 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 both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

2. Primary Coverage – For any claims related to this Agreement, the CONTRACTOR’S insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the COUNTY, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the COUNTY, its officers, officials, employees, agents or volunteers shall be excess of the CONTRACTOR’S insurance and shall not contribute with it.

3. Notice of Cancellation – Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the County.

4. Waiver of Subrogation Rights –You agree to waive rights of subrogation which any of your insurer may acquire from you by virtue of the payment of any loss. You agree to obtain any endorsement that may be necessary to effect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the County for all work performed by you, your employees, agents and subcontractors. This provision applies regardless of whether or not the County has received a waiver of subrogation endorsement from the insurer.

5. Deductibles and Self-Insured Retention – Any deductibles or self-insured retentions must be declared to and approved by the County. At County’s option, either: cause the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the County, its officers, officials, employees, agents and volunteers; or provide a financial guarantee satisfactory to the County guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

6. Acceptability of Insurers – Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum A.M.

Best’s Insurance Guide rating of “A- VII”.

7. Verification of Coverage –You must furnish proof of insurance, original certificates and amendatory endorsements as required by this Agreement. The proof of insurance, certificates and endorsements must be received and approved by the County before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive your obligation to provide them.

You must furnish evidence of renewal of coverage throughout the term of the Agreement. The County reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

8. Failure to Procure Coverage – In the event that any policy of insurance required under this Agreement does not comply with the requirements, is not procured, or is canceled and not replaced, County has the right but not the obligation or duty to terminate the Agreement. Maintenance of required insurance coverage is a material element of the Agreement and failure to maintain or renew such coverage or to provide evidence of renewal may be treated by County as a material breach of contract.

9. Subcontractors –You must require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and you must ensure that County is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.

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

County Project No. 862462 28 September 2026 22 of 29

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

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

iii. 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, you must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

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

Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Agreement. You agree to execute any such amendment within thirty (30) days of receipt.

Any failure, actual or alleged, on the part of County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of County.

7-1.06D Enforcement

The Department may assure your compliance with your insurance obligations. Ten days before an insurance policy lapses or is canceled during the Contract period you must submit to the Department evidence of renewal or replacement of the policy.

If you fail to maintain any required insurance coverage, the Department may maintain this coverage and withhold or charge the expense to you or terminate your control of the work.

You are not relieved of your duties and responsibilities to indemnify, defend, and hold harmless the County, its officers, agents, and employees by the Department's acceptance of insurance policies and certificates.

The minimum insurance coverage amounts do not relieve you for liability in excess of such coverage, nor do they preclude the County…