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INVITATION FOR BIDS

FOR

REDWOOD RD MPM 5.41

RDS 26-22

CONTRACT DOCUMENTS

County of Napa, CA

RELEASE DATE: June 17, 2026

DEADLINE FOR QUESTIONS: July 6, 2026, 12:00 pm

BID DEADLINE AND OPENING: July 21, 2026, 11:30 am

Please refer to the project timeline in the project OpenGov portal for all important deadlines.

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

Napa County has partnered with OpenGov and is excited to announce our in-process transition from a paper-based bid solicitation process to a fully automated, web-based electronic solicitation and bidding system. Please read the Napa County

OpenGov Contractor Announcement letter (https://www.countyofnapa.org/DocumentCenter/View/35548/OpenGov-Contractor-

Announcement-12-20-24) for information and instructions on how to register with OpenGov. Dewey Phan is the project contact and may be reached at (707) 259-8279.

Subscribe to follow future Napa County procurement opportunities!

https://procurement.opengov.com/portal/countyofnapa https://www.countyofnapa.org/DocumentCenter/View/35548/OpenGov-Contractor-Announcement-12-20-24 https://www.countyofnapa.org/DocumentCenter/View/35548/OpenGov-Contractor-Announcement-12-20-24 https://www.countyofnapa.org/DocumentCenter/View/35548/OpenGov-Contractor-Announcement-12-20-24

Invitation For Bid #RDS 26-22 Title: Redwood Rd MPM 5.41

Table Of Contents

1. NOTICE TO CONTRACTORS

2. INSTRUCTIONS TO BIDDERS

3. SPECIAL PROVISIONS GENERAL CONDITIONS

4. BID SCHEDULE

5. VENDOR PROPOSAL

Attachments:

A - Plan-Redwood Rd MPM 5.41

B - Specifications-Redwood Rd MPM 5.41

AA - Sample Payment and Performance Bonds

BB - Sample Construction Contract

CC - Sample Napa County Bid Bond Form

NOTICE TO CONTRACTORS

Redwood Rd MPM 5.41, RDS 26-22

Proposals must be submitted as electronic responses via the County e-Procurement Portal https://procurement.opengov.com/portal/countyofnapa until 11:30 am on Tuesday, July 21, 2026 (no bids will be accepted after 11:30 am) after which they will be publicly opened and read as set forth below.

The project includes installing a new rock slope protection (RSP) buttress to stabilize the downhill shoulder of

Redwood Road MPM 5.41. The RSP is proposed to be constructed at a 1:1 slope, about ten feet high, averaging five feet in thickness. Following installation of the RSP, the damaged road surface will be reconstructed or repaved. Roadway reconstruction will extend about 100 feet. Refer to the Plans and Specifications for more details.

Engineer Estimate: $280,000

Online Bid Opening link: Teams Meeting Link for Bid Opening

(https://teams.microsoft.com/meet/234815110304972?p=d2dRFAqJIXWkxk7BZF) To listen to bid opening by phone, dial: +1 323-591-9484,,849509891# Online Meeting ID: 849509891#

Bids are required for the entire work called for by the Plans and Specifications, and neither partial nor contingent bids will be considered. Bids must be valid for 90 days from the date bids are opened. Bid documents and any addendums are available at https://procurement.opengov.com/portal/countyofnapa. Bidders are responsible for monitoring issued addendums at this site which may be released up to 72 hours prior to bid opening.

The Plans and Specifications may be viewed at the office of the Napa County Department of Public Works, located at 1195 Third Street, Room 101, Napa, CA 94559. Plans, Special Provisions (excluding State Standard

Specifications and other documents included by reference), Proposal Forms and Contract Forms may be obtained at said office by prospective bidders licensed by the State of California for the type of work involved, and may be found electronically for no fee at https://procurement.opengov.com/portal/countyofnapa.

In accordance with California Public Contract Code Section 3400, bidders may propose equals of products listed in these Special Provisions by manufacturer name, brand, or model number, unless these Special

Provisions specify that the product is necessary to match others in use. Complete information for products proposed as equals must be submitted to the Public Works Office for review by Monday, July 6, 2026, 12:00 pm.

Pursuant to Labor Code section 1771.1, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Public Contract Code section 4104 or engage in the performance of any contract for public work, as defined in Labor Code section 1720, et seq., unless currently registered and qualified to perform public work pursuant to Labor Code 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 section 7029.1 or by Public Contract Code section 10164 or 20103.5, provided the contractor is registered to perform public work pursuant to Labor Code section 1725.5 at the time the contract is awarded. Pursuant to California Labor Code https://procurement.opengov.com/portal/countyofnapa https://teams.microsoft.com/meet/234815110304972?p=d2dRFAqJIXWkxk7BZF https://procurement.opengov.com/portal/countyofnapa https://www.countyofnapa.org/Bids.aspx section 1770, et seq., the successful Bidder shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file at the Napa County Department of Public Works where copies will be made available to any interested party on request. These rate determinations may also be found on the State

Department of Industrial Relations’ website at: http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm . In accordance with the California Government Code section 1773.2, copies of the applicable determinations of the

Director are on file at the Public Works Office and may be reviewed upon request. In accordance with the provisions of Labor Code section 1774, the prevailing wage rate for classifications of Labor to be employed in the work have been determined by the Napa County Board of Supervisors and is included in the Special

Provisions referred to above.

The Contractor shall possess a Class A license at the time of contract award. No bid will be considered unless it is made on a blank form furnished by the Napa County Engineer and is made in accordance with the provisions of the proposal requirements and conditions set forth under the Standard Specifications of the State California, Department of Transportation, except as modified in the above referred to Special Provisions.

Each bidder must be licensed as required by law at the time the contract is awarded. The contractor and any subcontractors shall be registered with the State of California Department of Industrial Relations (Public Works

Contractor (PWC) Registration) at the time of bid opening.

A bid guarantee in the amount of 10% of the total bid shall accompany the bid. Napa County will not accept electronic bid bonds, previously allowed through Surety2000.

The successful bidder shall be required to furnish a Performance Bond in an amount equal to 100% of the contract price and a Labor and Material Bond in an amount equal to 100% of the contract price with good and sufficient surety.

Bidders shall submit all inquiries regarding this bid via the County e-Procurement Portal, located at Napa

County’s OpenGov portal (https://procurement.opengov.com/portal/countyofnapa). Please note the deadline for submitting inquiries. All answers to inquiries will be posted on the County e-Procurement Portal. Bidders may also click “Follow” on this bid to receive an email notification when answers are posted. It is the responsibility of the bidder to check the website for answers to inquiries. For additional inquiries, the point of contact for this project is Dewey Phan, (707) 259-8279.

The Board of Supervisors reserves the right to reject any or all bids.

NAPA COUNTY CLERK OF THE BOARD OF SUPERVISORS

http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm

INSTRUCTIONS TO BIDDERS

1. THE BID AND DETERMINING LOW BIDDER

Bids are required for the entire work. The amount of the bid for comparison purposes will be the Base Bid

(Total).

The bidder shall set forth pricing for each item of work in non-zero figures listed in the respective spaces in the bid table provided in this OpenGov project portal. Zero dollars listed on an item shall be cause for bid disqualification. In the case of unit basis items, the amount set forth under the "Total" column shall be the extension of the item price bid on the basis of the estimated quantity for the item.

It is understood and agreed that the quantities of work under each item are approximate only, being given for a basis of comparison of proposal, and the right is reserved to the County to increase or decrease the amount of work under any item as may be required, in accordance with the provisions set forth in these Special Provisions.

It is further understood and agreed that the total amount bid for the project does not constitute an agreement to pay a lump sum for the work unless it specifically so states.

If this proposal shall be accepted and the undersigned shall fail to contract as aforesaid and to give the two bonds in the sums to be determined as aforesaid, with surety satisfactory to the Director of Public Works within eight (8) days, not including Saturdays, Sundays, and legal holidays, after the bidder has received notice from the County Engineer that the contract has been awarded to it, the Director of Public Works may, at its option, determine that the bidder has abandoned the contract, and thereupon this proposal, and the acceptance thereof shall be null and void, and the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of Napa County.

2. TIMELINE

Release Project Date - Required: June 17, 2026

Question & Substitution Request

Submission Deadline:

July 6, 2026, 12:00pm

Question Response Deadline: July 13, 2026, 5:00pm

Response Submission (Bid Opening)

Deadline - Required:

July 21, 2026, 11:30am

3. FORM OF BID

(1) To receive consideration, bids shall be made on the forms and in the manner set forth in this OpenGov project portal, including per the Notice to Contractors.

(2) Bidding shall conform to the timeline as advertised per this OpenGov project portal.

(3) Contractors may revise bid proposals up until the bid submission deadline, as OpenGov allows.

(4) Bid proposals shall only be accepted through the OpenGov project portal.

4. TAXES

Bid prices shall include all applicable federal, state, and local taxes.

5. RECEIPT OF BIDS

All bids must be submitted through the OpenGov project portal.

6. POSTPONEMENT OF OPENING

The County reserves the right to postpone the date and time for receiving and/or opening of proposals at any time prior to the date and time established in the Notice to Contractors.

7. REJECTION OF PROPOSALS

The County reserves the right to reject any proposals which are incomplete, obscure, or irregular, any proposals which omit a bid on any one or more items for which bids are required; any proposals which list zero dollar unit prices if unit prices are required; any proposal in which unit prices are unbalanced in the opinion of the County;

any proposals accompanied by an insufficient or irregular proposal guaranty; and any proposals from bidders who have previously failed to perform properly or to complete contracts of any nature on time.

8. RELIEF OF BIDDERS

Attention is directed to the provisions of Public Contract Code section 5100, et seq., concerning relief of bidders, and in particular to the requirement therein that if a bidder claims a mistake was made in its bid, the bidder shall give the County written notice within five (5) calendar days after the opening of the bids of the alleged mistake, specifying in the notice, in detail, how the mistake occurred.

9. PROTESTS

(1) A bidder or proposer who is not selected for contract award may protest the award of the contract to another bidder or proposer by submitting a written protest. Subcontractors, subconsultants, and members of the public may not submit a protest. For questions, contact Dewey Phan at (707) 259-8279. A contractor may not rely on the bid protest submitted by another contractor, but must timely pursue its own protest.

(2) Protest Deadlines

a. The protest and bid protest fee must be received by the Director of Public Works no later than 5:00 p.m. on the seventh calendar day after the date of the bid opening. If the seventh calendar day falls on a weekend or County holiday, the deadline to submit a protest shall be extended to 5:00 p.m. on the first business day following such weekend or holiday. The amount of the bid protest fee is established by Napa

County Fee Policy, Part III Fees, Part 140 Public Works, Section 140.115.

b. Notwithstanding subsection (a) above, if a proposal or statement of qualifications is rejected as non-responsive or because the bidder is not a responsible bidder, the protest must be received by the Director of Public Works no later than 5:00 p.m. on the seventh calendar day after the County notifies the bidder or proposer that their bid or proposal is being rejected.

c. The County’s notification under subsections (a) and (b) above may be by any reasonable means, including but not limited to U.S. mail, e-mail, facsimile, or internet posting. The effective date of notice by mail is the date that the notice is deposited in the mail. The effective date of all other means of notice is the date it is transmitted.

d. The contractor filing the protest shall concurrently transmit a copy of the protest and all supporting documents by fax or by e-mail, by or before the Bid Protest Deadline, to the protested contractor and any other contractor who has a reasonable prospect of receiving an award depending upon the outcome of the protest.

e. Written protests must be delivered to:

Napa County Director of Public Works County Administration Building 1195 Third Street, Suite 101 Napa, CA 94559 or

Steven Lederer, Department Head via Dewey Phan dewey.phan@countyofnapa.org

(3) Contents of Protest

a. The protest must be identified as a “bid protest” in the subject line or title of the document and shall clearly state all legal and factual grounds claimed for the protest. Any grounds not raised in the written protest are deemed waived by the bidder or proposer.

(4) Resolution Process

a. Upon timely receipt of a written protest, the Director of Public Works will initiate communication of protest receipt with the protesting party and appropriate County staff to seek informal resolution and/or clarify the issues.

b. The protested contractor may submit a written response to the protest, provided the response is received by the County before 5:00 p.m., within two (2) working days after the Bid Protest Deadline or after receipt of the bid protest, whichever is sooner (the “Response Deadline”). Material submitted after the Response Deadline will not be considered. The response must include the name, address, and telephone number of the person representing the protested contractor if different from the protested contractor.

c. If the protest is not resolved informally, the Director of Public Works shall provide a written response to the protesting party within fifteen (15) business days following the receipt of the protest, including bid protest fee payment. County Counsel may be consulted before the written response is issued. The response shall state the Director of Public Works’ decision and facts and law supporting that decision.

d. Notwithstanding subsection (b) above, if the protest is not resolved informally and the County’s determination regarding the protest is that the bidder is not a responsible bidder, the bidder may request a hearing to present evidence contesting the County’s determination. The request for a hearing must be in writing and received by the Public Works Director no later than 5:00 p.m. on the third business day after the date of the informal meeting in subsection (a). The Public Works Director shall serve as the hearing officer and issue a written decision within fifteen (15) business days following the conclusion of the hearing.

e. The County shall not award the contract being protested until after the Director of Public Works issues a written decision on the protest, unless the Director of Public Works, in consultation with County

Counsel, makes a written determination that the award of the contract without further delay is necessary to protect public health, safety, or welfare. The Director of Public Works’ written decision on the protest shall be final and exhaust the protestor’s administrative remedies.

(5) Exclusive Remedy

a. The procedure and time limits set forth in this Section are mandatory and are the protestor’s sole and exclusive remedy. Failure to comply with these procedures and time limits shall constitute a waiver of any right to further pursue a protest.

b. The submission of a protest shall not preclude the County from rejecting all bids or proposals and re-advertising or canceling the contract. Rejecting all bids or proposals shall render a protest moot and terminate all protest proceedings.

It is the intention of the County to award a contract, if at all, to the lowest bidder who demonstrates the attributes of trustworthiness, as well as quality, fitness (including financial qualifications), capacity, and experience to enable it to prosecute the work successfully and properly, and to complete the work within the time period named in the Contract Documents.

To determine bidder responsibility, the County will weigh any evidence that the bidder has performed satisfactorily other contracts of like nature and magnitude, and comparable difficulty and rates of progress, to the Work. The County shall have sole discretion to determine what contracts are of like nature and magnitude, and comparable difficulty and rates of progress.

SPECIAL PROVISIONS GENERAL CONDITIONS

RDS 26-22 Redwood Rd MPM 5.41

1. LOCATION

The project location is: The project is located at 4620 Redwood Rd in Napa, CA.

2. DESCRIPTION OF WORK

EDIT

NO VALUE

The work shall include but may not be limited to:

The November 2025 storms caused a small landslide that undermined about 33 linear feet of the roadway edge at Redwood Rd MPM 5.41, leaving part of the asphalt unsupported and creating a steep drop down to a private driveway. To ensure the future stability of the road and provide public safety, the project proposes to repair the damage by installing a new rock slope protection (RSP) buttress to stabilize the downhill shoulder of Redwood

Road. The RSP is proposed to be constructed at a 1:1 slope, about ten feet high, averaging five feet in thickness. Following installation of the RSP, the damaged road surface will be reconstructed or repaved. Roadway reconstruction will extend about 100 feet.

Suggested:

Construction activities shall occur within allowed hours, per local noise ordinance.

The work shall be conducted during favorable weather with no ambient temperatures less than 55 degrees F.

This work includes sole sourced 3M signage material for the purpose of conformity.

The scope of work shall include and not be limited to:

• Mobilization

• Construction Debris Area Setup and Disposal

• 24-hour Sweeping

• Implementation on Erosion and Sediment Control Best Management Practices (BMP)

• Construction Area Signs per CAMUTCD standards, Caltrans and as directed by the Engineer.

• Temporary Traffic Control per CAMUTCD standards Caltrans and as directed by the Engineer and approved by County.

• Survey benchmarks verification and preservation.

• Asphalt conform grinding (Cold Plane) at project limits, and conform grinding at concrete curbs, asphalt concrete dikes, guardrails, intersections, driveways, etc.

• Resurfacing with HMA-Type A (½ inch aggregate size)

• Restriping and signage

• All construction activities and resurfacing, including any temporary staging, shall occur within County right of way.

• Final cleanup and demobilization

• Project Closeout

3. DEFINITION AND TERMS

The following terms when used in these Special Provisions or in the Standard Specifications shall have the following meanings when used in this Contract:

Contractor. The person or entity described as "Contractor" in the preamble to this Contract.

County. Napa County, a political subdivision of the State of California.

Days. As used in these Special Provisions, days shall mean working days unless otherwise specified.

Department. The Napa County Department of Public Works.

Engineer or County Engineer. The Napa County Public Works Director, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.

Owner. Napa County.

State of California. Napa County, a political subdivision of the State of California.

Standard Specifications. The latest effective edition of the Standard Specifications of the State of California, Department of Transportation. Any reference therein to the State of California or a State agency, office or officer shall be interpreted to refer to the COUNTY or its corresponding agency, office, or officer acting under this contract.

4. CONTRACT DOCUMENTS

The Contract Documents shall include the Notice to Contractors, Proposal Form, bonds, these Special

Provisions, the current Standard Specifications of the State of California and the current Standard Plans of the

State of California, Department of Transportation, insofar as same may apply, and pertinent portions of other documents included by reference thereto in the Special Provisions or the Contract pages.

5. BID OPENING

The County publicly opens and reads bids at the time and place shown on the Notice to Contractors or as altered by County issued addendums.

6. CONTRACT AWARD

If the County awards the contract, the award is made to the lowest responsive and responsible bidder.

Additional details are set forth in the proposal form. The contractor shall ensure that the bid is valid for 90 days from bid opening.

The award will be based on the Base Bid (Total).

7. CONTRACT AWARD AND EXECUTION (Bonds)

Attention is directed to Section 3, “Contract Award and Execution,” of the Standard Specifications, contract bonds. In-lieu of the bonds specified under Section 3-1.05 of the Standard Specifications, the successful bidder shall furnish a faithful Performance Bond as required by Public Contract Code section 20129 in an amount equal to one hundred percent (100%) of the contract price of the work contemplated and the laborer's and material man's payment bond as required by of Civil Code section 8182 in an amount equal to one hundred percent (100%) of the contract price of the work contemplated.

8. CONTRACTOR LICENSE

CONTRACTOR must be properly licensed as a contractor from contract award through contract acceptance (23

CFR 635.110 and Public Contract Code § 10164).

9. CHANGED CONDITIONS

A. Differing Site Conditions

1. During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party (CONTRACTOR) discovering such conditions shall promptly notify the other party (COUNTY's representative) in writing of the specific differing conditions before the site is disturbed and before the affected work is performed.

2. Upon written notification, the engineer (COUNTY's representative) will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer (COUNTY's representative) will notify the CONTRACTOR of the determination whether or not an adjustment of the contract is warranted.

3. No contract adjustment which results in a benefit to the CONTRACTOR will be allowed unless the

CONTRACTOR has provided the required written notice.

B. Suspensions of Work Ordered by the Engineer (COUNTY's representative)

1. If the performance of all or any portion of the work is suspended or delayed by the engineer

(COUNTY's representative) in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the CONTRACTOR believes that additional compensation and/or contract time is due as a result of such suspension or delay, the CONTRACTOR shall submit to the engineer (COUNTY's representative) in writing a request for adjustment within seven

(7) calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.

2. Upon receipt, the engineer (COUNTY's representative) will evaluate the CONTRACTOR 's request. If the engineer (COUNTY's representative) agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the CONTRACTOR, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer (COUNTY's representative) will make an adjustment (excluding profit) and modify the contract in writing accordingly. The CONTRACTOR will be notified of the engineer's (COUNTY's representative's) determination whether or not an adjustment of the contract is warranted.

3. No contract adjustment will be allowed unless the CONTRACTOR has submitted the request for adjustment within the time prescribed.

4. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.

C. Significant Changes in the Character of Work

1. The engineer (COUNTY's representative) reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the CONTRACTOR agrees to perform the work as altered.

2. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer (COUNTY's representative) may determine to be fair and equitable.

3. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract.

4. The term “significant change” shall be construed to apply only to the following circumstances:

o When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or o When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed.

10. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES

Attention is directed to all of the provisions of Standard Specifications, Section 8 “Prosecution and Progress,” and these Special Provisions.

The Contractor shall begin work within ten (10) calendar days after the issuance of the Notice to Proceed.

This work shall be diligently prosecuted to completion before the expiration of thirty (30) WORKING DAYS beginning on the date shown on the Notice to Proceed. These allowed working days exclude the submittal review and approval process.

Attention is directed to the provisions of Section 8-1.10, “Liquidated Damages,” of the Standard Specifications and these Special Provisions. The Contractor shall pay to Napa County the sum of $4,000 per day, for each and every calendar days’ delay in finishing the work in excess of the number of working days prescribed above and any extension of time granted.

11. WORKING HOURS REQUIREMENTS

Normal work week shall be Monday through Friday 7:00 am to 5:00 pm unless otherwise approved by the

Engineer in writing.

As applicable, see these Special Provisions, "Traffic Control" for requirements to maintain access during working hours.

For work that occurs within neighboring City jurisdiction limits, work shall be performed to the local noise ordinance standards.

Contractor shall take into account all costs associated with the improvements as discussed in the attached

Technical Specifications, when preparing the bid and shall take into account the working hour restrictions.

12. CLEAN UP

Clean up shall be performed to prevent accidents to personnel, protect all work in place, and to effect completion of the project in an orderly manner. Excess debris shall be removed from the work area immediately so as not to clutter the existing facilities. Access to all other properties within the project area shall be unobstructed and passable on weekends, holidays, and whenever work is not actively in progress. See these

Special Provisions "WORKING HOURS REQUIREMENTS" for additional requirements for access during working hours.

See also "Traffic Control" of these Special Provisions.

13. PRESERVATION OF PROPERTY

The Contractor shall not cause any utility interruption. Plan and coordinate any utility interruption with the utility provider and the County's representative.

PROTECTION OF EXISTING FACILITIES AND PROPERTY

Protection of existing facilities shall conform to Section 5-1.36, “Property and Facility Preservation,” of the

Standard Specifications and these Special Provisions.

The CONTRACTOR shall notify Underground Service Alert (USA) for marking the locations of existing underground facilities at least two (2) working days, but not more than 14 calendar days, prior to performing any excavation or other work close to any underground pipeline, conduit, duct, wire or other structure.

Regional notification centers include but are not limited to the following:

Notification Center Telephone Number Underground Service Alert- 1-800-642-2444 Northern California (USA) 1-800-227-2600

The Contractor shall immediately notify the County Engineer of any facilities found that may interfere with work to be performed. The Contractor shall take all necessary measures to avoid injury to existing surface and underground utility facilities in and near the site of the work. If damage should occur to the existing facilities, the utility company and the County shall be notified immediately and repairs acceptable to the utility company shall be made at the Contractor’s expense.

Existing trees, shrubs, and other plants, that are injured or damaged by reason of the Contractor’s operations, shall be replaced by the Contractor.

Full compensation for conforming to the requirements of this section shall be considered as included in the contract prices paid for the various contract items of work and no additional compensation will be allowed.

DAMAGES

The Contractor shall be responsible for any damages to existing facilities, utilities and roads due to causes attributable to the work, and all such damaged facilities, utilities and roads shall be repaired when directed by the Engineer and as required to place them in as good as condition as existed before commencement of the work.

EXISTING UTILITIES

The Contractor shall notify all utility companies and request field location markings of existing facilities prior to commencing construction. Where potential conflict with existing underground utilities may constitute a safety hazard or interfere with the progress of work, such facilities shall be hand-excavated to determine their precise location. Contractor shall be liable for damages to all utilities whether so located and marked or not.

It is not the intent of the Plans to show the exact location or extent of existing underground utilities or structures, and the Engineer assumes no responsibility therefor. It is the Contractor’s responsibility to verify all existing utility locations and notify the Engineer in case of conflict.

Full compensation for conforming to the requirements of this section shall be considered as included in the contract prices paid for the various contract items of work and no additional compensation will be allowed.

14. DISPOSITION OF REMOVED MATERIALS

Attention is directed to Section 15 “Existing Facilities” Part 3.01A3. CONTRACTOR shall completely dispose of all surplus and damaged materials. CONTRACTOR shall not dispose of any materials from demolition or removal by sale, gift or in any manner whatsoever, to the general public at the site. Disposal operations shall comply with all applicable laws and ordinances and must be approved by the Engineer.

Disposal of removed materials shall be paid by the various bid items, and no additional compensation will be allowed.

15. QUALITY ASSURANCE AND QUALITY CONTROL

The County uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the

Contract. The County may examine the records and reports of tests the Contractor performs if they are available at the job site. Schedule work to allow time for QAP.

The Contractor is responsible for Quality Control. The Contractor is responsible for the quality of the Work including materials and workmanship performed by the subcontractors. The Contractor will cooperate and coordinate with the County for Quality Assurance testing performed by the County. The County performing

Quality Assurance inspections and testing does not relieve the Contractor from the responsibility of performing all Quality Control testing required to deliver a quality project. Quality Control includes all tasks required to deliver a coordinated and complete project that is in compliance with the intent of the Contract Documents.

16. PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS

The County shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the County, of the contract work, and pay retainage to the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the County. Federal law (49

CFR26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the County’s prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Business and

Professions Code section 7108.5. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.

17. SUBCONTRACTING

Attention is directed to Section 5-1.13, “Subcontracting,” of the Standard Specifications.

18. PREVAILING WAGES

Attention is directed to Section 7-1.02K, "Labor Code," of the Standard Specifications, to "California Prevailing

Wage Requirements," and these Special Provisions.

In accordance with the provisions of Labor Code section 1774, the County has ascertained from the Director of

Industrial Relations the general prevailing rate of wages (which rate includes employer payments for health and welfare, pension, vacation, and similar purposes) applicable to the work to be done under this Contract.

The general prevailing wage rates and any applicable changes to these wage rates are available:

1. At the Department's Labor Compliance Office of the district in which the work is located

2. From the Department of Industrial Relations' Web site https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm

Changes in general prevailing wage determinations apply to the Contract when the Director of Industrial

Relations has issued them at least ten (10) days before advertisement. (Labor Code §1773.6 and 8 CA Code of

Regs 16204.)

19. CALIFORNIA PREVAILING WAGE REQUIREMENTS

The Project is a “public works” as defined in the California Labor Code. The Contractor shall comply with all

State prevailing wage requirements, including but not limited to, these set forth here:

Pursuant to California Labor Code sections 1720 and 1771, construction, alteration, demolition, installation, repair, and maintenance work performed under this Agreement is subject to State prevailing wage laws. State prevailing wage laws require certain provisions be included in all contracts for public works. The Contractor and any subcontractors shall comply with State prevailing wage laws including, but not limited to, the requirements listed below.

1. Compliance with Prevailing Wage Requirements. Pursuant to California Labor Code sections 1720 through

1861, the Contractor and all subcontractors shall ensure that all workers who perform work under this

Agreement are paid not less than the prevailing rate of per diem wages as determined by the Director of the

California Department of Industrial Relations (DIR). This includes work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction including, but not limited to, inspection and land surveying work, regardless of whether any further construction work is conducted, and work performed during the post-construction phases of construction, including, but not limited to, all cleanup work at the jobsite.

1.1. Copies of such prevailing rate of per diem wages are on file at the Napa County Public Works

Department and are available for inspection to any interested party on request. Copies of the prevailing rate of per diem wages also may be found at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. The Contractor and all subcontractors shall post a copy of the prevailing rate of per diem wages determination at each job site and shall make them available to any interested party upon request.

1.2. The wage rates determined by the DIR refer to expiration dates. If the published wage rate does not refer to a predetermined wage rate to be paid after the expiration date, then the published rate of wage shall be in effect for the life of this Agreement. If the published wage rate refers to a predetermined wage rate to become effective upon expiration of the published wage rate and the predetermined wage rate is on file with the DIR, such predetermined wage rate shall become effective on the date following the expiration date and shall apply to this Agreement in the same manner as if it had been published in said publication. If the predetermined wage rate refers to one or more additional expiration dates with additional predetermined wage rates, which expiration dates occur during the life of this Agreement, each successive predetermined wage rate shall apply to this Agreement on the date following the expiration date of the previous wage rate. If the last of such predetermined wage rates expires during the life of this

Agreement, such wage rate shall apply to the balance of the Agreement.

2. Penalties for Violations. The Contractor and all subcontractors shall comply with California Labor Code section 1775 in the event a worker is paid less than the prevailing wage rate for the work or craft in which the worker is employed. This shall be in addition to any other applicable penalties allowed under California Labor

Code sections 1720 through 1861.

http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm

3. Payroll Records. The Contractor and all subcontractors shall comply with California Labor Code section

1776, which generally requires keeping accurate payroll records, verifying, and certifying payroll records, and making them available for inspection. The Contractor shall require its subcontractors to also comply with

Labor Code section 1776. The Contractor and all subcontractors shall furnish records specified in California

Labor Code section 1776 on a monthly basis, both to the County and directly to the Labor Commissioner in the manner required by California Labor Code section 1771.4. The Contractor shall ensure its subcontractors prepare and submit payroll records to the County and the DIR as required by this section.

3.1. If the Contractor or a subcontractor is exempt from the DIR registration requirement pursuant to section 9.4 below, then the Contractor or such subcontractor is not required to furnish payroll records directly to the Labor Commissioner but shall retain the records for at least three years after completion of the work, pursuant to California Labor Code section 1771.4(a)(4).

3.2. The County may require the Contractor and its subcontractors to prepare and submit records specified in Labor Code section 1776 to the County and the Labor Commissioner on a weekly basis, at no additional cost to the County.

4. Apprentices. The Contractor and all subcontractors shall comply with California Labor Code sections

1777.5, 1777.6, and 1777.7 concerning the employment and wages of apprentices. The Contractor is responsible for compliance with this section for all apprenticeable occupations pursuant to California Labor

Code section 1777.5(n).

5. Working Hours. The Contractor and all subcontractors shall comply with California Labor Code sections

1810 through 1815, including but not limited to: (i) restrict working hours on public works contracts to eight hours a day and forty hours a week, unless all hours worked in excess of 8 hours per day are compensated at not less than 1½ times the basic rate of pay; and (ii) specify penalties to be imposed on contractors and subcontractors of $25 per worker per day for each day the worker works more than 8 hours per day and 40 hours per week in violation of California Labor Code sections 1810 through 1815.

6. Required Provisions for Subcontracts. The Contractor shall include, at a minimum, a copy of the following provisions in any contract it enters into with a subcontractor: California Labor Code sections 1771, 1771.1, 1775, 1776, 1777.5, 1810, 1813, 1815, 1860, and 1861.

7. Labor Code Section 1861 Certification. In accordance with California Labor Code section 3700, the

Contractor is required to secure the payment of compensation of its employees. By signing the Agreement, to which this is an exhibit, the Contractor certifies that:

“I am aware of the provisions of Section 3700 of the California Labor Code which require 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 Agreement.”

8. Compliance Monitoring and Enforcement. This project is subject to compliance monitoring and enforcement by the DIR. The County must withhold contract payments from the Contractor as directed by the

DIR, pursuant to California Labor Code section 1727.

9. Contractor and Subcontractor Registration Requirements. The Contractor and all subcontractors shall not be qualified to bid on, be listed in a bid or proposal, subject to the requirements of California Public Contract Code section 4104, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by California Business and Professions

Code section 7029.1 or by California Public Contract Code section 10164 or 20103.5, provided the Contractor is registered to perform public work pursuant to Labor Code section 1725.5 at the time the contract is awarded.

9.1. A Contractor’s inadvertent error in listing a subcontractor who is not registered pursuant to

California Labor Code section 1725.5 in response to a solicitation shall not be grounds for filing a protest or grounds for considering the bid or proposal non-responsive provided that any of the following apply:

(1) the subcontractor is registered prior to the proposal due date; (2) within twenty-four hours after the proposal due date, the subcontractor is registered and has paid the penalty registration fee specified in

California Labor Code section 1725.5; or (3) the subcontractor is replaced by another registered subcontractor pursuant to California Public Contract Code section 4107.

9.2. By submitting a bid or proposal to the County, the Contractor is certifying that it has verified that all subcontractors used on this project are registered with the DIR in compliance with California Labor Code sections 1771.1 and 1725.5, and the Contractor shall provide proof of registration for themselves and all listed subcontractors to the County at the time of the bid or proposal due date or upon request.

9.3. The County may ask the Contractor for the most current list of subcontractors (regardless of tier), along with their DIR registration numbers, utilized on this project at any time during performance of this

Agreement, and the Contractor shall provide the list within ten (10) working days of the County’s request.

9.4. This section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work, pursuant to California Labor Code sections 1725.5(f) and 1771.1(n).

10. Stop Order. Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of California Labor Code section 1725.5 or 1771.1, the Labor

Commissioner must issue and serve a stop order prohibiting the use of the unregistered contractor or subcontractor on ALL public works until the unregistered contractor or subcontractor is registered. Failure to observe a stop order is a misdemeanor.

20. CERTIFIED PAYROLL RECORDS

Special Attention is directed to the provisions of Section 7-1.02K(3), “Certified Payroll Records,” of the

Standard Specifications. A copy of all payrolls shall be submitted weekly to the Engineer. Payrolls shall contain the full name, address, and social security number of each employee, its employee’s correct classification, rate of pay, daily and weekly number of hours worked, itemized deductions made, and actual wages paid. Submitted payroll shall also indicate apprentices and ratio of apprentices to journeymen. The employee's address and social security number need only appear on the first payroll on which their name appears. The payroll shall be accompanied by a "Statement of Compliance" signed by the employer or their agent indicating that the payrolls are correct and complete and that the wage rates contained therein are not less than those required by the contract. The "Statement of Compliance" shall be on forms furnished by the

Department or on any form with identical wording. The Contractor shall be responsible for the submission of copies of payrolls of all subcontractors. Failure to submit will delay processing of progress payments.

Access to Records/Retention COUNTY, any federal or state grantor agency funding all or part of the compensation payable hereunder, the State Controller, the Secretary General of the United States, or the duly authorized representatives of any of the above, shall have access to any books, documents, papers and records of CONTRACTOR which are directly pertinent to the subject matter of this Contract for the purpose of making audit, examination, excerpts and transcriptions. Original records shall be forwarded to the COUNTY after

Contract completion or retained for a period of six (6) years after Contract completion.

21. BIDDING REQUIREMENTS AND CONDITIONS

Attention is directed to Section 2, “Bidding,” of the Standard Specifications and these Special Provisions.

A. Examination of Site. Each bidder shall have examined the site of the work before bidding so they shall have full knowledge of all facilities and difficulties affecting the work which may not be particularly described herein. No variation or allowance from the contract sum will be made because of lack of such examination or knowledge.

B. State Contract Act. The State Contract Act is not applicable to contracts involving political subdivisions of the State of California. Pre-qualification of bidders will not be required.

C. Joint Venture. If two or more Bidders desire to bid jointly on a single project or desire to combine their assets for so doing, they must file an affidavit of joint venture with the County Engineer, and such affidavit of joint venture will be valid only for the specific project for which it is filed.