Mono_Way_Crack_Seal_Project_(Addendum_#1_Revision).pdf

Mono Way Crack Seal Project

Invitation For Bid (IFB #1759)

Tuolumne County

Public Works Department

Issued: Tuesday, February 7, 2023

INVITATION FOR BID (IFB No. 1759)

MONO WAY CRACK SEAL PROJECT

Deadline for Submission of Proposals: Thursday, March 2, 2023

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/tuolumnecountyca https://secure.procurenow.com/portal/%7bproject.government.code%7d

Table of Contents

I. Notice

II. Scope of Work

III. Compensation

IV. Construction

V. Bidder's Questions

VI. Bid Submittals

VII. Proposed Schedule

VIII. Award of Contract

IX. Protest/Appeal Process

X. Bonds

XI. Agreement Term

XII. Non-Discrimination

XIII. General Conditions for Invitation for Bids

XIV. Bid Schedule

XV. Bid Form

Attachments:

A - EXHIBIT A

B - 1759 Crack Seal Exhibit

1. NOTICE

The County of Tuolumne through its Public Works Engineering Division (“County”) is seeking bids from qualified firms to Provide crack sealing services. This work must be completed within

20 WORKING DAYS. Said services must meet all applicable Federal, State and/or Local regulations. The payment of prevailing wages is required.

All work specified in this contract shall be done in accordance with the Standard Specifications and Standard Plans published by the State of California Department of Transportation

(“Caltrans”), dated 2018, as modified by this Invitation For Bids.

Prior to award of the contract, the Contractor shall possess a Class A, C-12, or C-32 Contractor’s

License issued by the State of California Contractor’s Licensing Board. Failure of the bidder to obtain the required license before award of the contract constitutes a failure to execute the contract. The Contractor and any subcontractors shall be registered with the Department of

Industrial Relations. Please see http://www.dir.ca.gov/Public-Works/PublicWorks.html for more information.

BACKGROUND

Mono Way is an arterial road in Tuolumne County, partially in the city of Sonora and unincorporated Tuolumne County. The segment of roadway in this IFB includes approximately

12 lane-miles of road in the unincorporated Tuolumne County area.

SELECTION PROCESS

Firms or individuals interested in providing these services should obtain an Invitation For Bids

(IFB) on the County’s e-Procurement platform, https://secure.procurenow.com/portal/tuolumnecountyca. The bid proposal includes a description of the services to be provided, copies of the applicable agreement, and the bid form. Bids must be submitted by the due date below to be considered.

Bids must be submitted by: 2:00 pm on Thursday, March 2, 2023

2. SCOPE OF WORK

2.1. Scope of Work

The services to be rendered pursuant to this IFB consist, in general, of crack sealing treatment on

Mono Way.

2.2. Location

An exhibit that shows general locations, road names, and road lengths is attached to this IFB as

Attachment B.

2.3. Traffic Control

Maintaining traffic shall conform to the provisions in Section 7-1.03, “Public Convenience,”

Section 7-1.04, “Public Safety,” and Section 12-4, “Maintaining Traffic,” of the Standard

Specifications.

A closure is defined as the closure of a traffic lane or lanes, including shoulder, ramp, or connector lanes, within a single traffic control system. Closures shall conform to the provisions in Section 12-4, “Maintaining Traffic,” of the Standard Specifications.

Personal vehicles of the Contractor’s employees shall not be parked on the traveled way or shoulders, including any section closed to public traffic.

A minimum of one paved traffic lane, not less than ten (10) feet wide, shall be open for use by traffic.

Vehicular access to individual properties within the construction area shall not be restricted during evening hours nor for more than two hours during operations.

Full compensation for providing Traffic Control shall be included in the payment for the various bid items and no additional compensation will be allowed.

2.4. Mobilization

Full compensation for mobilization shall be included in the payment for the bid item and no additional compensation will be allowed.

2.5. Materials & Equipment

Attention is directed to Section 37-6, “Crack Treatments,” of the Standard Specifications.

Crack treatment material must be Type 4. Crack treatment material must be for hot-applied flush fill method.

If your selected crack treatment material is not on the Caltrans Authorized Material List, submit a sample and test results as specified in Section 37-5.01C, "Submittals,” of the Standard

Specifications.

All vehicles must have a valid HD I/M compliance certificate (can be digital) to legally operate in California.

2.6. Representation and Communication

Attention is directed to the provisions of Section 5-1.16, “Representative,” of the Standard

Specifications.

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

Contractor shall provide the County one (1) week’s written notice of any change to its authorized representative.

Attention is directed to Section 8-1.03, “Preconstruction Conference,” of the Standard

Specifications. A preconstruction conference will be held at the office of the Department of

Public Works for the purpose of discussing with the Contractor the scope of work, specifications, existing conditions, materials to be ordered, equipment to be used, and all essential matters pertaining to the prosecution of and the satisfactory completion of the project as required. The

Contractor’s representatives at this conference shall include all major superintendents for the work and may include subcontractors. The Contractor shall present a complete list of all material data sheets, proposed submittals, and certificates of compliance to the Engineer at the preconstruction conference. The Contractor may not start work before the preconstruction conference.

2.7. Schedule

Section 8-1.02, “Schedule,” of the Standard Specifications is replaced with the following:

The Contractor shall submit a schedule of work to the Engineer within ten (10) business days upon issuance of the NTP. The schedule shall specify the location(s) of work, when the work will be performed at each location, the duration of work at each location, and any other pertinent milestones having to do with the persecution of the work.

The schedule shall show the order in which the Contractor proposes to carry out the work requirements of the contract and is subject to approval by the Engineer.

Full compensation for preparing, furnishing, and updating schedules shall be included in the payment for the various bid items and no additional compensation will be allowed.

2.8. Start of Work

The first paragraph in Section 8-1.04B, “Standard Start,” of the Standard Specifications, is replaced with the following:

The Contractor shall begin work within ten (10) calendar days after the date on the “Notice to

Proceed,” issued by the Engineer. If work is not started within this period, the first working day will be the 11th calendar day after the date on the Notice to Proceed for purposes of Section 8-

1.05, “Time.”

Work shall be completed before June 30, 2023.

2.9. Liquidated Damages

The third and fourth paragraphs of Section 8-1.10A, “General,” of the Standard Specifications are replaced with the following:

The Contractor shall pay liquidated damages to the County of Tuolumne in the sum of one hundred dollars ($100) per day for each and every calendar days’ delay in finishing the work in excess of the number of working days defined in the Contractor’s approved schedule.

Liquidated damages shall apply to the administrative costs of the County only and shall not apply to damages that may occur as a result of the delay and third party claims.

2.10. Contract Acceptance

Section 5-1.46, “Final Inspection and Contract Acceptance,” of the Standard Specifications is revised by the addition of the following:

Upon completion of the work specified in this IFB, the Contractor shall request final inspection of the work. If the work is approved as complete (including all required submittals, certificates of compliance, forms and reports), the Engineer shall accept the work.

3. COMPENSATION

Attention is directed to Section 37-6.04, “Payment,” of the Standard Specifications.

Section 9-1.16A, “General,” of the Standard Specifications is replaced with the following:

The County shall pay the Contractor after all of the work defined in the Contractor’s submitted schedule is complete. The work performed shall be measured in accordance with this IFB.

Section 9-1.16F, “Retentions,” of the Standard Specifications is replaced with the following:

In making progress payments, the County may retain a portion of the amount otherwise due the

Contractor. Except as otherwise provided, the amount retained by the County shall be limited to the following:

a. Withholding of not more than five (5) percent of the total payment until thirty-five (35) days after the Notice of Completion has been signed and placed on the record with the County

Recorder.

b. Withholding of not more than fifty (50) percent of the value of the materials approved for partial payment and as shown on paid invoices by the Contractor so estimated to have been furnished and delivered unused as aforesaid as part security for the fulfillment of the contract by the Contractor.

No such estimate or payment shall be required to be made when, in the judgment of the

Engineer, the work is not proceeding in accordance with the provisions of the contract or when, in his judgment, the total value of the work completed since the last estimate amounts to less than three hundred dollars ($300.00).

When calculating progress payments, bid item prices shall be rounded down to the nearest whole cent.

No estimate of payment shall be construed to be an acceptance of any defective work or improper materials.

Section 9-1.17B, “Payment Before Final Estimate,” of the Standard Specifications is replaced with the following:

Retention will be retained for a period of thirty-five (35) days after the recording of the Notice of

Completion for the purpose of clearing liens filed against the work performed or materials supplied.

4. CONSTRUCTION

Attention is directed to Section 37-6, “Crack Treatment,” of the Standard Specifications for submittal, quality control and assurance, application and construction requirements.

Crack treatment must be hot-applied using flush fill method.

Treat cracks from ¼ inch to 1 inch in width for the entire length of the crack. Fill or repair cracks wider than 1 inch as directed by Engineer. Filling cracks wider than 1 inch is change order work.

Cracks must be clean and dry before treating. Before treating, blast cracks with oil-free compressed air at a pressure of at least 90 psi.

If the pavement temperature is below 40 degrees Fahrenheit or if there is evidence of moisture in the crack, use a hot air lance immediately before applying crack treatment. The hot air lance must not apply flame directly on the pavement.

Heat hot-applied crack treatment material in compliance with the manufacturer's instructions.

Comply with the manufacturer's application instructions.

Apply crack treatment with a nozzle inserted into the crack. Fill the crack flush. If after two (2) days the crack treatment is more than 1/4 inch below the specified level, the sealant fails or the crack re-opens, re-treat the crack.

Immediately remove crack treatment material that is spilled or deposited on the pavement surface.

Before opening to traffic, apply sand or the manufacturer's recommended detackifying agent to tacky crack treatment material on the traveled way. Sweep up excess sand before opening to traffic.

5. BIDDER'S QUESTIONS

Questions regarding this IFB must be submitted in writing via the County’s e-Procurement

Platform Question and Answer “Q&A” tab by 5:00 pm on Friday, February 24, 2023. Except for questions that might render the award of this contract invalid, the County will not respond to any questions submitted after this time. The County will post the questions received, along with written responses, to the County website, https://secure.procurenow.com/portal/tuolumnecountyca. It is the responsibility of the bidders to check the County website to review the questions and responses. Any oral responses to questions are not binding on the County.

6. BID SUBMITTALS

Firms or individuals interested in performing the requested services should complete the following steps needed for a successful bid:

A. Review the IFB.

B. Review the attached sample contract including insurance requirements.

C. Complete and submit the Bid Form.

Sealed bids must be received by the Tuolumne County NO LATER THAN 2:00 pm on

Thursday, March 2, 2023. Bids are to be addressed as follows:

Bids are to be submitted electronically using the County’s e-Procurement platform, https://secure.procurenow.com/portal/tuolumnecountyca. Bids will be received only as instructed above, and must be received before 2:00 pm on Thursday, March 2, 2023. Bids shall not be submitted via hard copy, (hand delivered or mailed), facsimile, nor via email. It is the sole responsibility of the Bidder to properly upload their Bid so that it is received by the time and date required. Any Bid received after said time and/or date or in any other format other than as instructed herein, cannot be considered and will not be accepted. The County’s e-Procurement

Platform records the time stamp for every Bid submitted properly in the system. Once a Bid is submitted in the e-procurement platform, the Bidder will receive an email confirmation, and the

Bid status will also show as “submitted.”

7. PROPOSED SCHEDULE

7.1. Summary

Provide crack sealing services

7.2. Contact Information

Juan Maya

Engineer I

2 S. Green Street

Sonora, CA 95370

Email: jmaya@co.tuolumne.ca.us

Phone: (209) 533-6629

Department:

Public Works Department

Department Head:

Kim MacFarlane, P.E.

Director of Public Works

7.3. Timeline

Release Project Date February 7, 2023

Question Submission Deadline February 24, 2023, 5:00pm

Proposal Submission Deadline March 2, 2023, 2:00pm

Contractor Selection Date March 21, 2023 mailto:jmaya@co.tuolumne.ca.us tel:(209)533-6629

8. AWARD OF CONTRACT

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

County reserves the right to reject any or all bids and to waive any irregularities in the bidding.

Contractors may not withdraw their bids for a period of sixty (60) days after the date on which the bids are due. The selected Contractor shall be required to sign the County Agreement, a sample of which is attached to this IFB.

9. PROTEST/APPEAL PROCESS

The following procedure is provided in the event that a proposer wishes to protest the RFP process or appeal the recommendation to award a contract for IFB once the Notices of

Award/Non-Award have been issued.

Any protest must be submitted in writing to Public Works Department, 2 S. Green Street, Sonora, CA 95370, Attention: Juan Maya

The protest must be submitted before TIME of the tenth (10th) business day following the date of the Notice of Award.

The protest must contain a complete statement of the basis for the protest. The protest must include the name, address, telephone number and e-mail address of the person representing the protesting party.

The procedure and time limits are mandatory and are the proposer’s sole and exclusive remedy in the event of a bid protest.

Proposer’s failure to comply with these procedures shall constitute a waiver of any right to further pursue the protest, including filing a Government Code claim or legal proceedings.

Upon receipt of written protest/appeal, the Director of Public Works will review and provide an opportunity to settle the protest/appeal by mutual agreement, will schedule a meeting to discuss or issue a written response to advise of an appeal/protest decision within five (5) business days of receipt of the appeal/protest.

10. BONDS

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

A. Cash

B. Cashier's check

C. Certified check

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

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

A payment and performance bond is required for any public works contract in excess of twenty-five thousand dollars ($25,000).

11. AGREEMENT TERM

The Agreement term shall be for a period of 20 WORKING DAYS.

12. NON-DISCRIMINATION

County will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract on the basis of race, religion, creed, medical condition, color, marital status, ancestry, sex, age, national origin or disability. In addition, County requires that any Contractor hired by

County to perform any work activity does not discriminate against any employee or applicant for employment because of race, religion, creed, medical condition, color, marital status, ancestry, sex, age, national origin or disability.

13. GENERAL CONDITIONS FOR INVITATION FOR BIDS

13.1. Safety

Contractor shall comply with all applicable provisions of the California Occupational Safety and

Health Act of 1973, including any amendments thereto, and the rules, standards, orders and regulations prescribed by the Occupational Safety and Health Standards Board and the Division of Industrial Safety of the California Department of Industrial Relations. Contractor shall further comply with all other applicable safety laws, ordinances and regulations. Contractor shall provide proof of compliance, if requested by the County.

All striping will be carried out with due regard for safety. The Engineer shall have the right to prohibit the operation of equipment by specific operators, as necessary, to maintain safety.

13.2. Wage Rates

Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the County in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for these services, available at the County of Tuolumne Public Works and available from the California

Department of Industrial Relations’ Internet web site at http://www.dir.ca.gov.

13.3. DIR Registration and Notice

To be qualified to bid on, be listed in a bid proposal or engage in the performance of any public work contract subject to Labor Code section 1720, contractors and subcontractors must be registered with the Department of Industrial Relations. Please see http://www.dir.ca.gov/Public-

Works/PublicWorks.html for more information. No contract will be entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial

Relations to perform public work. If awarded a contract, the bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Agreement.

These services are subject to compliance monitoring and enforcement by the Department of

Industrial Relations. Each contractor and subcontractor must furnish certified payroll records to the Labor Commissioner at least monthly. It is the bidder’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this contract and applicable law.

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

13.4. Public Record

All bids submitted in response to this IFB shall be deemed public record. If Contractor desires to claim portions of its bid exempt from disclosure, Contractor shall clearly identify those portions with the word “Confidential” printed on the lower right-hand corner of the page. County will consider Contractor’s request for exemption from disclosure; however, County will make a http://www.dir.ca.gov/Public-Works/PublicWorks.html http://www.dir.ca.gov/Public-Works/PublicWorks.html decision based upon applicable laws. An assertion by Contractor that the entire bid, or a large portion of such, is exempt from disclosure will not be honored.

13.5. Designation of Authority

The Engineer has the right to determine when striping is required. The Engineer may determine the sequence of striping operations on all roads affected by this IFB and Agreement and the amount and the extent of the work to be performed by Contractor.

13.6. Damage to County Road Facilities

Attention is directed to Section 15, “Existing Facilities,” of the Standard Specifications.

13.7. Addenda

Any addenda issued by the Engineer during the time of bidding, or forming a part of the documents issued to the bidder for preparation of its bid, shall be covered in the bid and shall be a part of the contract. Receipt of all addenda shall be acknowledged electronically via the

County's e-Procurement Platform. It is the responsibility of the bidder to check the County website for any addenda.

13.8. Basis for Award

The lowest responsive bidder will be determined by the total of the Base Bid Schedule. Bids that are mathematically and/or materially unbalanced may be disqualified at the discretion of the

County.

Bidder shall provide a bid for Base Bid and Alternate Bid. Failure to provide a bid for both Bid

Schedules will be proof that the bid is non-responsive. Award of either Base Bid, or Base Bid plus Alternate Bid will be made at the discretion of the County, subject to the availability of funds.

14. BID SCHEDULE

A. THE BELOW QUANTITIES ARE ESTIMATES ONLY AND ARE GIVEN AS A

BASIS FOR COMPARISON OF BIDS. NO GUARANTEE IS MADE OR IMPLIED

AS TO THE EXACT QUANTITY THAT WILL BE ASSIGNED

B. IN CASE OF DISCREPANCY BETWEEN THE UNIT PRICE AND THE TOTAL SET

FORTH FOR A UNIT BASIS ITEM, THE UNIT PRICE SHALL PREVAIL

C. ANY ALTERATIONS, MODIFICATIONS OR CHANGES TO THIS BID SCHEDULE

SHEET BY THE BIDDER WILL BE GROUNDS FOR BID REJECTION.

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 Crack Seal (Lane Mile) 12 LNMI

TOTAL

15. BID FORM

Services requested to be accomplished and referred to herein are to provide crack sealing services on Mono Way. The work shall be in accordance with the Invitation for Bids – Mono

Way Crack Seal Project ID 1759 issued Tuesday, February 7, 2023.

Rates proposed are for the entire work required for providing all labor, equipment, tools, and materials affiliated with crack sealing services on Mono Way during the agreement period.

If this bid is accepted and the undersigned fails to enter into the agreement and provide insurance as specified herein within eight (8) days, not including Sundays and legal holidays, after

Contractor has received notice from County that the Agreement has been awarded, County may, at its option, determine that Contractor has abandoned the Agreement and thereupon this bid and the acceptance thereof shall be null and void.

The undersigned, as Contractor, declares that the only person or parties interested in this Bid as principals, are those named herein; this Bid is made without collusion with any other person, firm, or corporation; it has carefully examined the locations of the proposed work and the proposed form of Agreement, and, it proposes and agrees that, if this bid is accepted, it will contract with the County of Tuolumne, in the form of the copy of the Agreement annexed hereto, to provide all necessary labor, equipment, tools, materials (except as otherwise specified in the

Agreement), and incidentals necessary to accomplish the services specified in the Agreement in the manner and time therein prescribed and according to the requirements of the Engineer or his designee as therein set forth, and that it will take in full payment therefore the following item prices, to wit.

15.1. Enter your valid CA Contractors State License Board (CSLB) number

Please enter your License Number here. This will be verified against the state database

15.2. Enter your valid CA Contractors State License Board (CSLB) Expiration date

15.3. Enter your valid CA Contractors State License Board (CSLB) Classifications

15.4. Enter your California Department of Industrial Relations (DIR) Registration number*

Please enter your Public Works Contractor DIR Number. This will be verified against the state database.

*Response required

15.5. CERTIFICATIONS*

The bidder’s execution and endorsement by confirming this statement as part of the Bid Form shall also constitute an endorsement and execution of the following certifications which are a part of this document.

☐ Please confirm

*Response required

15.6. EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION*

Please download the below documents, complete, and upload.

• EQUAL_EMPLOYMENT_OPPORTUNIT...

*Response required

15.7. proposed EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION*

The following certification is required by the Equal Opportunity Regulations of the Secretary of

Labor (41 CFR 60-1.7(b)(1)), and shall be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt).

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

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

Highway Administration or by the Director, Office of Federal Contract Compliance, U.S.

Department of Labor.

The bidder and, proposed subcontractor(s), hereby certifies that he has or has not, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by

Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint

Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal

Government contracting or administering agency, or the former President’s Committee on Equal

Employment Opportunity, all reports due under the applicable filling requirements..

☐ Has

☐ Has Not

*Response required

15.8. SMALL BUSINESS STATUS*

This small business questionnaire is included for statistical reporting only, and your answer neither affects your bid on this contract, nor will it be cause for penalty.

Are you certified as a “Small Business” by the Office of Small Business of the Department of

General Services of the State of California?

☐ Yes

☐ No https://government-project.s3.amazonaws.com/21721/f429c40b-f0c0-484c-85cd-8b394263352d_EQUAL_EMPLOYMENT_OPPORTUNITY_CERTIFICATION.pdf?AWSAccessKeyId=AKIAJX4CP36AEOP5JL2A&Expires=1677612123&Signature=B8I9fG1U7c1ZC6%2FD%2FmAwnB%2F4vFc%3D&response-content-disposition=attachment%3B%20filename%3D%22EQUAL_EMPLOYMENT_OPPORTUNITY_CERTIFICATION.pdf%22

☐ Unsure

15.9. PUBLIC CONTRACT CODE*

These Statements and Questionnaire are part of the Bid Form. Confirming this statement shall also constitute signature of these Statements and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

☐ Please confirm

*Response required

15.10. PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT*

In conformance with Public Contract Code section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury that the bidder

"Has" or "Has Not" been convicted within the preceding three (3) years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code section 1101, with any public entity, as defined in Public Contract Code section 1100, including the Regents of the University of California or the Trustees of the California State University. The term “bidder” is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

The bidder shall place a check mark after “has” or “has not” in one of the blank spaces provided.

The above Statement is part of the Bid Form. Signing this Bid Form on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making false certification may subject the certifier to criminal prosecution.

“I declare under penalty of perjury under the laws of the State of California that the statement made in the foregoing statement is true and correct.”

☐ Has

☐ Has Not

*Response required

15.11. PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE*

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

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

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

☐ Yes

☐ No

*Response required

15.12. PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE CONTINUED...*

If the answer was "yes" above, explain the circumstances here (or type N/A).

*Response required

15.13. PUBLIC CONTRACT SECTION 10232 STATEMENT*

In conformance 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.

☐ Please confirm

*Response required

15.14. NONCOLLUSION DECLARATION*

Please download the below document, complete, and upload.

This Noncollusion Declaration is part of the Bid Form. Signing this Bid Form on the signature portion thereof shall also constitute signature of this Noncollusion Declaration. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

• NONCOLLUSION_DECLARATION.pdf

*Response required

15.15. proposed NONCOLLUSION DECLARATION*

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID

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

This Noncollusion Declaration is part of the Bid Form. Confirming this Bid Form shall also constitute signature of this Noncollusion Declaration. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

To the County of Tuolumne:

The undersigned declares:

https://government-project.s3.amazonaws.com/21721/e671ce11-79d5-4e1d-ac59-afb481767e0a_NONCOLLUSION_DECLARATION.pdf?AWSAccessKeyId=AKIAJX4CP36AEOP5JL2A&Expires=1677612123&Signature=Qbkz6p4NL2YIPux6FUf7lhQoqE8%3D&response-content-disposition=attachment%3B%20filename%3D%22NONCOLLUSION_DECLARATION.pdf%22

I am an authorized representative of my company, 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 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.

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

15.16. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION*

Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public-

Works/PublicWorks.html for additional information.

No contract will be entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of

Industrial Relations.

Bidder further acknowledges:

A. Bidder shall maintain a current DIR registration for the duration of the Agreement.

B. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid submittal and maintain registration status for the duration of the Agreement.

C. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

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*Response required

15.17. DEBARMENT AND SUSPENSION CERTIFICATION CONTINUED*

Title 49, Code of Federal Regulations, Part 29

The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, and manager:

• Is not currently under suspension, debarment, voluntarily exclusion. or determined ineligibility by any federal agency;

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

• Does not have a proposed debarment pending; and

• Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

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

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

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

*Response required

15.18. LIST OF PRINCIPALS*

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

15.19. LEGAL NAME OF CORPORATION*

IMPORTANT NOTICE. If bidder or other interested person is corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co-partnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full.

*Response required

15.20. THIS CONFIRMATION CONSTITUTES BIDDER'S SIGNATURE*

By my signature on this Bid Form, I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code sections

10162, 10232 and 102851.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations

(Chapter 5, Title 2 of the California Administrative Code). By my signature on this Bid Form, I further certify, under the penalty of perjury under the laws of the State of California and the

United States of America, that the Noncollusion Declaration required by Title 23 United States

Code, Section 112 and Public Contract Code section 7106; and the Title 49 Code of Federal

Regulations, Part 29 Debarment and Suspension Certification are true and correct.

The Contractor’s license number and expiration date are stated under penalty of perjury.

Licensed in accordance with an act providing for the registration of contractors.

☐ Please confirm