WCL 2024 Leachate Pond - Bid Book.pdf

STATE OF CALIFORNIA

COUNTY OF SHASTA

DEPARTMENT OF PUBLIC WORKS

BID BOOK

FOR CONSTRUCTION ON

WEST CENTRAL LANDFILL - 2024 LEACHATE POND

NOTICE TO BIDDERS AND SPECIAL PROVISIONS DATED AUGUST 01, 2024

PROJECT PLANS APPROVED AUGUST 13, 2024

STANDARD SPECIFICATIONS DATED 2018

REVISED STANDARD SPECIFICATIONS DATED APRIL 15, 2022

STANDARD PLANS DATED 2018

REVISED STANDARD PLANS DATED APRIL 15, 2022

IDENTIFIED BY:

CONTRACT NO. 207604

ADVERTISING DATE: AUGUST 16, 2024

BIDS OPEN: SEPTEMBER 12, 2024 AT 11.00 AM

DATED: AUGUST 01, 2024

West Central Landfill i Contract No. 207604 2024 leachate Pond Bid Book

TABLE OF CONTENTS

BID FORM

BID ITEM LIST

SUBCONTRACTOR LISTING

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION

PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT

PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE

PUBLIC CONTRACT CODE SECTION 10232 STATEMENT

PUBLIC CONTRACT CODE SECTION 6109 STATEMENT

CALIFORNIA LABOR CODE SECTION 1771.1 STATEMENT

NONCOLLUSION AFFIDAVIT (23 USC §112)

NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED

WITH BID (PCC §7106)

TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 DEBARMENT AND

SUSPENSION CERTIFICATION

BIDDER’S SIGNATURE PAGE

BIDDER'S BOND

PUBLIC WORKS CONTRACT

PERFORMANCE BOND

PAYMENT BOND

West Central Landfill 1 Contract No. 207604

BID FORM

COUNTY OF SHASTA

DEPARTMENT OF PUBLIC WORKS

FOR

WEST CENTRAL LANDFILL

2024 LEACHATE POND

COUNTY CONTRACT NO. 207604

NAME OF BIDDER ___________________________________________________________

BUSINESS P.O. BOX __________________________________________________________

CITY, STATE, ZIP ____________________________________________________________

BUSINESS STREET ADDRESS _________________________________________________

(Please include even if P.O. Box used)

CITY, STATE, ZIP ____________________________________________________________

TELEPHONE NO: AREA CODE ( ) _________________________________________

FAX NO: AREA CODE ( ) _________________________________________

CONTRACTOR LICENSE NO. _________________________________________________

The work for which this bid is submitted is for construction in conformance with the special provisions (including the payment of not less than the State of California general prevailing wage rates or Federal minimum wage rates), the project plans described below, including any addenda thereto, the contract annexed hereto, and also in conformance with the 2018 California Department of Transportation Standard Plans, the 2018 Standard Specifications, and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished.

The special provisions for the work to be done are dated August 13, 2024 and are entitled:

STATE OF CALIFORNIA

COUNTY OF SHASTA

DEPARTMENT OF PUBLIC WORKS

NOTICE TO BIDDERS AND SPECIAL PROVISIONS

FOR CONSTRUCTION ON

WEST CENTRAL LANDFILL

2024 LEACHATE POND

The project plans for the work to be done were approved August 13, 2024 and are entitled:

STATE OF CALIFORNIA

COUNTY OF SHASTA

DEPARTMENT OF PUBLIC WORKS

PLANS FOR CONSTRUCTION ON

WEST CENTRAL LANDFILL

2024 LEACHATE POND

West Central Landfill 2 Contract No. 207604

Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items.

The bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount set forth under the "Item Total" column shall be the product of the unit price bid and the estimated quantity for the item.

In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in (a) or (b), as follows:

(a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount of the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price;

(b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage-wise the unit price or item total in the COUNTY OF SHASTA's Final Estimate of cost.

If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise, if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided.

Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be interpreted according to the number of digits and, if applicable, decimal placement.

Cents symbols also have no significance in establishing any unit price or item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a dollar. Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the item total, the items total shall prevail.

The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every omission, inconsistency, error or other irregularity which may occur in a bid.

Any situation not specifically provided for will be determined in the discretion of the COUNTY OF SHASTA, and that discretion will be exercised in the manner deemed by the COUNTY OF SHASTA to best protect the public interest in the prompt and economical completion of the work.

The decision of the COUNTY OF SHASTA respecting the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final.

West Central Landfill 3 Contract No. 207604

If this bid shall be accepted and the undersigned shall fail to enter into the contract and furnish the two bonds in the sums required by the State Contract Act, with surety satisfactory to the COUNTY OF SHASTA, within 8 days, not including Saturdays, Sundays and legal holidays, after the bidder has received notice from the COUNTY OF SHASTA that the contract has been awarded, the COUNTY OF SHASTA may, at its option, determine that the bidder has abandoned the contract, and thereupon this bid and the acceptance thereof shall be null and void and the forfeiture of the security accompanying this bid shall operate and the same shall be the property of the COUNTY

OF SHASTA.

The undersigned, as bidder, declares that the only persons or parties interested in this bid as principals are those named herein; that this bid is made without collusion with any other person, firm, or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of contract, and the plans therein referred to; and he proposes, and agrees if this bid is accepted, that he will contract with the COUNTY OF SHASTA, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefore the following prices, to wit:

West Central Landfill 4 Contract No. 207604

COUNTY OF SHASTA

WEST CENTRAL LANDFILL – 2024 LEACHATE POND

BID ITEM LIST

ITEM ITEM DESCRIPTION UNIT

EST.

QUANTITY UNIT PRICE ITEM TOTAL

1. MOBILIZATION LS 1

2. PREPARE SWPPP LS 1

3. CLEARING & GRUBBING LS 1

4. DEVELOP WATER SOURCE LS 1

5. LEACHATE POND EXCAVATION CY 15,697

6. AGGREGATE BASE CY 388

7. CLAY LINER CY 400

8. BENTONITE TON 40

9. GEOSYNTHETIC CLAY LINER SY 4825

10. GEOMEMBRANE SY 9650

11. GEONET SY 4825

12. 4” PVC PIPE LF 685

13. 2” PVC PIPE LF 147

14. 2” GATE VALVE EA 1

15. 4” GATE VALVE EA 2

16. TEMPORARY FIBER ROLLS LF 800

17. RAIN EVENT ACTION PLAN EA 5

18. STORM WATER ANNUAL REPORT EA 1

19. SAMPLING AND ANALYSIS DAY EA 5

20. CONCRETE HEADWALL AND PAD EA 1

21. VALVE BOXES EA 3

22. 2"x11’ GAUGE CHAIN-LINK FENCE LF 898

23. 10' DOUBLE DRIVE GATES EA 1

TOTAL BID ________________________

NOTE: “TOTAL BID” is only on the last page of the Bid Item List.

West Central Landfill 5 Contract No. 207604

SUBCONTRACTOR LISTING

Name of Bidder:

Pursuant to the provisions of Section 4100 to 4113, inclusive of the Public Contract Code of the State of California, every bidder must identify each subcontractor performing work in an amount in excess of one-half of 1 percent of the prime contractor’s total bid or $10,000, whichever is greater (Public Contract Code §4100 et seq.). Complete columns 1 and 5 and submit with the bid.

Complete columns 2 thru 4 and submit with the bid or fax to (530) 225-5667 within 24 hours after the bid opening. Failure to provide complete information in the columns 1 through 5 within the time specified may in the County’s sole discretion result in a determination that the bid is nonresponsive. Use extra sheets as necessary.

An inadvertent error in listing the California contractor license number or public works California Department of Industrial Relations (DIR) registration number shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive if the corrected contractor’s license number is submitted to the public entity by the prime contractor within 24 hours after the bid opening and provided the corrected contractor’s license number corresponds to the submitted name and location for that subcontractor.

Column 1:

Business Name, Phone Number, and Address (street, city and zip)

Column 2:

Subcontractor’s License Number, and

Subcontractor’s DIR Number

Column 3:

Bid Item Numbers

Column 4:

Percentage of Bid Item Subcontracted

Column 5:

Description of Subcontracted Work

West Central Landfill 6 Contract No. 207604

(THE BIDDER’S EXECUTION ON THE SIGNATURE PORTION OF THIS BID SHALL ALSO

CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS

WHICH ARE A PART OF THIS BID)

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION

The bidder_________________________________________________, proposed subcontractor _________________________________________, hereby certifies that he has ___, 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.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must 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.

West Central Landfill 7 Contract No. 207604

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 under the laws of the State of California that the bidder has ___ , has not ___ been convicted within the preceding three 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.

Note: The bidder must place a checkmark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE

In conformance 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?

Yes _____ No _____

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

West Central Landfill 8 Contract No. 207604

PUBLIC CONTRACT CODE 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.

PUBLIC CONTRACT CODE SECTION 6109 STATEMENT

In conformance with Section 6109 of the Public Contract Code, the bidder, hereby states, that bidder will not enter into any contract with a subcontractor who/which has been debarred pursuant to Section 1771.1 or Section 1777.7 of the Labor Code. No public monies shall be paid to a debarred subcontractor, and any contract entered into for public work between a prime contractor and debarred subcontractor shall be considered void as a matter of law. Any payments made to a debarred subcontractor shall be returned to the County. The prime contractor shall be solely responsible for all payments to a debarred subcontractor. In no case shall any public money be used to pay a debarred subcontractor.

CALIFORNIA LABOR CODE SECTION 1771.1 STATEMENT

In accordance with California 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 Section 4104 of the Public Contract Code, 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 Section

1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

Note: The above Statement and Questionnaire are part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

West Central Landfill 9 Contract No. 207604

NONCOLLUSION AFFIDAVIT (23 USC §112)

(Title 23 United States Code Section 112 )

TO THE COUNTY OF SHASTA

DEPARTMENT OF PUBLIC WORKS.

In conformance with Title 23 United States Code Section 112, the bidder further certifies it has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the bid.

Date: __________________________________

Signature and Title of Bidder

Sign

Here Si t f Bidd

West Central Landfill 10 Contract No. 207604

NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND

SUBMITTED WITH BID (PCC §7106)

(Public Contract Code Section 7106)

TO THE COUNTY OF SHASTA

DEPARTMENT OF PUBLIC WORKS.

The undersigned declares:

I am the ____________________ of _________________________, 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 and that this declaration is executed on _______________[date], at ____________________[city], _______________[state].”

Sign

West Central Landfill 11 Contract No. 207604

TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29

DEBARMENT AND SUSPENSION CERTIFICATION

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

1. is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three years;

3. does not have a proposed debarment pending; and

4. 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 three 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.

NOTE: Providing false information may result in criminal prosecution or administrative sanctions.

The above certification is part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Certification.

West Central Landfill 12 Contract No. 207604

BIDDER’S SIGNATURE PAGE

Accompanying this proposal is ___________________________________________________________

(NOTICE: INSERT THE WORDS "CASH ($ _________)," "CASHIER'S CHECK,"

"CERTIFIED CHECK," OR "BIDDER'S BOND," AS THE CASE MAY BE.)

in amount equal to at least ten percent of the total of the bid.

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

IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a copartnership, 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.

Licensed in conformance with an act providing for the registration of Contractors, License No. _________________________ Classification(s) ___________________________

ADDENDA

This Proposal is submitted with respect to the changes to the contract included in addenda number/s

(Fill in addenda numbers if addenda have been received and insert, in this Proposal, any Engineer's Estimate sheets that were received as part of the addenda.)

By my signature on this proposal 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

10285.1 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 proposal I further certify, under penalty of perjury under the laws of the State of California and the United States of America, that the Noncollusion Affidavit 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.

Date: __________________________________

Business Address __________________________________________________

Place of Business __________________________________________________

Place of Residence _________________________________________________

Sign

West Central Landfill 13 Contract No. 207604

BIDDER'S BOND

COUNTY OF SHASTA

We, ________________________________________________________________________________ ______________________________________________________________________ as Principal, and as Surety are bound unto the County of Shasta, State of California, hereafter referred to as "Obligee", in the penal sum of ten percent (10%) of the total amount of the bid of the Principal submitted to the Obligee for the work described below, for the payment of which sum we bind ourselves, jointly and severally, THE CONDITION OF THIS OBLIGATION IS SUCH, THAT:

WHEREAS, the Principal is submitted to the Obligee, for ___________________________________

(Copy here the exact description of work, including location as it appears on the proposal) for which bids are to be opened at ____________________________ on ________________________ (Insert place where bids will be opened) (Insert date of bid opening)

NOW, THEREFORE, if the Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form, in conformance with the bid, and files two bonds with the Obligee, one to guarantee faithful performance of the contract and the other to guarantee payment for labor and materials as provided by law, then this obligation shall be null and void; otherwise, it shall remain in full force.

In the event suit is brought upon this bond by the Obligee and judgment is recovered, the Surety shall pay all costs incurred by the Obligee in such suit, including a reasonable attorney's fee to be fixed by the court.

Dated: ___________________________ , 20____ Principal Surety By _____________________________________________ Attorney-in-fact

CERTIFICATE OF ACKNOWLEDGEMENT

State of California County of Shasta

On this ______ day of _____________________________ in the year 20____ before me ______________________________ , personally appeared __________________________________ , Attorney-in-fact personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the attorney-in-fact of, and acknowledged to me that he (she) subscribed the name of the said company thereto as surety, and his (her) own name as attorney-in-fact.

(SEAL) ______________________________________________

Notary Public

14 No. 207604

PUBLIC WORKS CONTRACT

CONTRACT BETWEEN COUNTY OF SHASTA

AND

<CONTRACTOR>

WEST CENTRAL LANDFILL

2024 LEACHATE POND

CONTRACT NO. 207604

THIS PUBLIC WORKS CONTRACT between the County of Shasta, State of California, a political subdivision of the State of California ("County") and <Contractor> ("Contractor") is made and entered into as of the last date it has been signed by both parties.

1. DUTIES OF CONTRACTOR

For and in consideration of the payments and agreements to be made and performed by County and under the conditions expressed in the two bonds attached hereto, Contractor shall, at Contractor’s own cost and expense, perform all the Work and furnish all the materials, except as are mentioned in the specifications to be furnished by County, necessary to construct and complete in a good, workmanlike, and substantial manner and to the satisfaction of the County Board of Supervisors, the work as described and specified in the Contract Documents.

2. CONTRACT DOCUMENTS

The Contract Documents shall consist of this Contract; the Special Provisions; the California Department of Transportation Standard Plans, dated 2018; the California Department of Transportation Revised Standard Plans, dated <RSP Date>; the California Department of Transportation Standard Specifications, dated 2018; the California Department of Transportation Revised Standard Specifications, dated <RSS Date>; the California Department of Transportation Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished; the Notice to Bidders; the Bid; any and all plans, specifications, and drawings; and any addenda and bulletins; as well as any other documents, including but not limited to, modifications, signed by both parties relating to the subject matter of this Contract. The intention of the Contract Documents is to place on Contractor the obligation to provide all labor, materials, equipment, and other items necessary for the proper execution and completion of the project and the terms and conditions of payment therefor, and also to perform all work which may be reasonably necessary to produce the intended results.

3. WORKERS' COMPENSATION CERTIFICATION

Contractor certifies that Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of the Labor Code, and Contractor will comply with such provisions before commencing the performance of the Work under this Contract.

15 No. 207604

4. COMPENSATION

County shall compensate Contractor in accordance with the Contract Documents.

Except as otherwise specifically provided in the Contract Documents, Contractor agrees to receive and accept the prices listed in the Contract Documents as full compensation for furnishing all materials and for doing all the Work contemplated and embraced in this Contract; also for all loss or damage arising out of the nature of the Work or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by the County, and for all risks of every description connected with the Work; also for all expenses incurred by or in consequence of the suspension or discontinuance of Work and for well and faithfully completing the Work in the manner and according to the Contract Documents and the requirements of the Engineer under them.

5. STATUS OF CONTRACTOR

Contractor acknowledges that Contractor is an independent contractor and not an employee, agent, or representative of County. Contractor acknowledges that Contractor shall be solely responsible for and shall indemnify and hold County harmless from all matters relating to payment of Contractor’s employees, subcontractors, suppliers, and others, including compliance with Social Security, withholding, and all other regulations governing such matters.

6. ENTIRE AGREEMENT; MODIFICATION

This Contract and the Contract Documents constitute the entire agreement between the parties.

There are no understandings, agreements, representations, or warranties, express or implied, not specified by this Contract or the Contract Documents. Contractor, by the execution of this Contract, acknowledges that Contractor has read this Contract and the Contract Documents, understands them, and agrees to be bound by their terms and conditions.

7. COUNTERPARTS/ELECTRONIC, FACSIMILE, AND PDF SIGNATURES

This Contract may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each Party of this Contract agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Contract. The Parties further agree that the electronic signatures of the Parties included in this Contract are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time.

The CUETA authorizes use of an electronic signature for transactions and contracts among Parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the Parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (h) of Section 1633.2 of the Civil Code. Facsimile signatures or signatures transmitted via pdf document shall be treated as originals for all purposes.

16 No. 207604

ITEM ITEM DESCRIPTION UNIT

EST.

QUANTITY UNIT PRICE ITEM TOTAL

1. MOBILIZATION LS 1

2. PREPARE SWPPP LS 1

3. CLEARING & GRUBBING LS 1

4. DEVELOP WATER SOURCE LS 1

5. LEACHATE POND EXCAVATION CY 15,697

6. AGGREGATE BASE CY 388

7. CLAY LINER CY 400

8. BENTONITE TON 40

9. GEOSYNTHETIC CLAY LINER SY 4825

10. GEOMEMBRANE SY 9650

11. GEONET SY 4825

12. 4” PVC PIPE LF 685

13. 2” PVC PIPE LF 147

14. 2” GATE VALVE EA 1

15. 4” GATE VALVE EA 2

16. TEMPORARY FIBER ROLLS LF 800

17. RAIN EVENT ACTION PLAN EA 5

18. STORM WATER ANNUAL REPORT EA 1

19. SAMPLING AND ANALYSIS DAY EA 5

20. CONCRETE HEADWALL AND PAD EA 1

21. VALVE BOXES EA 3

22. 2"x11’ GAUGE CHAIN-LINK FENCE LF 898

23. 10' DOUBLE DRIVE GATES EA 1

TOTAL BID ________________________

17 No. 207604

IN WITNESS WHEREOF, County and Contractor have executed this Contract on the date set forth below. By their signatures below, each signatory represents that they have the authority to execute this contract and to bind the party on whose behalf their execution is made.

COUNTY OF SHASTA

Date:

KEVIN W. CRYE, CHAIR

Board of Supervisors County of Shasta State of California

ATTEST:

DAVID J. RICKERT

Clerk of the Board of Supervisors

By:

Deputy

Approved as to form: RISK MANAGEMENT APPROVAL

JOSEPH LARMOUR

County Counsel By:

By: DOLYENE LANE ALAN B. COX Risk Manager Senior Deputy County Counsel

CONTRACTOR

<Contractor>

By: By:

Print Name: Print Name:

Title: Title:

Date: Date:

Tax I.D. #: Contractor’s License No.:

DEPARTMENT OF PUBLIC WORKS

PERFORMANCE AND PAYMENT BOND

PERFORMANCE BOND

Whereas, the County of Shasta, hereinafter called “Obligee”, and <Contractor>, hereinafter called “Principal,” have entered into a contract for the construction of <Project Title> located in Shasta County, California (Contract No. <Contract No.>), whereby Principal agrees to complete certain designated work and to perform other duties and obligations as described in said contract, which is incorporated herein by this reference and made a part hereof; and Whereas, Principal is required under the terms of said contract to furnish a bond to guarantee Principal’s faithful performance of the work and all the terms and conditions of the contract; and Now, therefore, we the Principal and the undersigned, as corporate surety, are held and firmly bound unto Obligee in the penal sum of <Contract Amount> lawful money of the United States, for the payment of which sum well and truly be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the Principal, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in the said contract and any alteration thereof made as therein provided, on Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless Obligee, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void;

otherwise it shall be and remain in full force and effect.

The above obligation shall continue after Obligee’s acceptance of the work for the duration of the guarantee period as specified in the contract during which time if the Principal fails to make full, complete, and satisfactory repair or replacement to the work and/or fails to protect Obligee from loss or damage resulting from or caused by defective materials or faulty workmanship, the obligation of surety hereunder shall continue so long as any obligation of Principal remains.

Whenever Principal shall be, and is declared by the Obligee to be, in default or breach of contract, the surety shall promptly remedy the default pursuant to Contract No. 207604.

Surety shall not utilize Principal in completing the Project nor shall surety accept a bid from Principal for completion of the Project if the Obligee, when declaring the Principal in default, notifies surety of the Obligee’s objection to Principal’s further participation in the completion of the Project. Surety expressly agrees that Obligee may reject any contractor or subcontractor which may be proposed by surety in fulfillment of its obligations in the event of default by the Principal.

The surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.

PAYMENT BOND

And, whereas, Principal is required under the terms of said contract to furnish a good and sufficient payment bond to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California.

Now, therefore, Principal and the undersigned, as corporate surety, are held firmly bound unto the Obligee and all contractors, subcontractors, laborers, material suppliers and other person employed in the performance of the aforesaid contract and referred to in the aforesaid Civil Code in the like sum of <Contract Amount> for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Franchise Tax Board from wages of employees of the contractor and the contractor’s subcontractors, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees including reasonable attorney’s fees incurred in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should this condition of this bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

GENERAL TERMS

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said contract or the plans and specifications accompanying the same shall in any manner affect its obligations on these bonds, and it does hereby waive notice of any such change, extension, alteration or addition. Correspondence or claims related to these bonds shall be sent to the surety at the address set forth below.

Nothing herein shall limit the Obligee’s rights or surety’s obligations under the contract or applicable law, or equity, including, without limitation, California Code of Civil Procedure section 337.15.

In witness whereof, this instrument has been duly executed by the Principal and surety below named on, ______________, 20____

DEPARTMENT OF PUBLIC WORKS

PERFORMANCE AND PAYMENT BOND

Principal: Surety:

By: By:

(print name) (print name)

Title: Title:

ADDRESS FOR NOTICES:

E-mail:

Phone/Fax: