WCL 2024 Leachate Pond - Special Provisions.pdf

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

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

i No. 207604

SPECIAL NOTICES

In accordance with SB 854 passed by the California State Senate on June 20, 2014, all contractors and subcontractors bidding and performing work on Public Works Projects are required to register with the Department of Industrial Relations (DIR) on an annual basis. See sections 2 and 3 of the Standard Specifications for contractors' registration requirements.

In the case where a bidder claims an inadvertent clerical error in listing subcontractors, a notice of the claim must be submitted to the awarding authority and Director of Public Works in writing within two (2) working days after the time of the bid opening and copies of the notice must be mailed simultaneously to the subcontractors involved. Claims of an inadvertent clerical error in the listing of a subcontractor are subject to and governed by applicable law, including but not limited to Labor Code section 1771.1 and the Subletting and Subcontracting Fair Practices Act (Public Contract Code § 4100, et seq.).

The State of California Franchise Tax Board requires that whenever payments are made to a non-resident independent contractor in excess of $1,500 for services rendered, 7% of the gross amount of compensation must be withheld. A non-resident is anyone, or any entity who/which is not a resident of California or qualified to do business in California.

An individual who comes into the state to perform a contract of short duration is considered to be a non-resident. A corporation, limited liability company, partnership, or other such entity is also subject to the withholding requirements if it is neither incorporated nor qualified to do business in California.

Division 20, Chapter 6.95 of the California Health and Safety Code (commencing at §25500) requires, in part, the submission of a business plan for emergency response by the operators of sites where hazardous materials are stored and handled at or above the State of California minimum reportable amounts. These amounts are 55 gallons of a liquid, 500 pounds of a solid, or 200 cubic feet at standard temperature and pressure for a compressed gas (Health and Safety Code, §25507).

The Shasta County Division of Environmental Health, which has been designated by the Shasta County Board of Supervisors as the administering agency for Chapter 6.95 of the California Health and Safety Code, advises that fees for the submission of a business plan can exceed $1500.

iii No. 207604

STANDARD PLAN LIST

The standard plan sheets applicable to this Contract include those listed below. The applicable revised standard plans (RSPs) are available at:

https://dot.ca.gov/programs/design/ccs-standard-plans-and-standard-specifications

A85 CHAIN LINK FENCE

A85A CHAIN LINK FENCE DETAILS

A85B CHAIN LINK FENCE DETAILS

https://dot.ca.gov/programs/design/ccs-standard-plans-and-standard-specifications iv No. 207604

TABLE OF CONTENTS

NOTICE TO BIDDERS

BID ITEM LIST

SPECIAL PROVISIONS

ORGANIZATION

DIVISION I GENERAL PROVISIONS

1 GENERAL

2 BIDDING

3 CONTRACT AWARD AND EXECUTION

5 CONTROL OF WORK

6 CONTROL OF MATERIALS

7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

8 PROSECUTION AND PROGRESS

9 PAYMENT

DIVISION II GENERAL CONSTRUCTION

10-7 COOPERATION

10-8 OBSTRUCTIONS

10-9 PROGRESS SCHEDULE

10-10 CONSTRUCTION ACCESS

10-11 MAINTAINING TRAFFIC

10-12 STAGING

10-13 EXISTING FACILITIES

10-14 MOBILIZATION

10-15 SITE WATERING

10-16 EXCAVATION

10-17 CONFORMANCE TESTING

10-18 CLAY LINER

10-19 BENTONITE

10-20 GEOSYNTHETIC CLAY LINER (GCL)

10-21 GEOMEMBRANE

10-22 GEONET

10-23 PVC PIPE

10-24 GATE VALVES

10-25 AGGREGATE BASES

10-26 UTILITY BOXES

10-27 HEADWALL (SAMPLE PORT) AND PAD

10-28 CLEARING AND GRUBBING

v No. 207604

10-29 CHAIN LINK FENCE

CERTIFICATION FORMS

13 WATER POLLUTION CONTROL

REVISED STANDARD SPECIFICATIONS

6 No. 207604

NOTICE TO BIDDERS

Bids open September 12, 2024

Bid Book dated August 01, 2024

General work description:

The “Work”, in general, consists of construction of a new leachate pond and leak detection system including clearing & grubbing, watering, earthwork, stockpiling, constructing access roadway, installing below grade piping and valves, screening excavated material, mixing screened materials with bentonite, and water, placing and compacting clay materials, performing conformance testing on geosynthetic materials, installing geosynthetic clay liner, installing geomembrane, and installing geonet.

The Department will receive sealed bids for construction on WEST CENTRAL LANDFILL

LEACHATE POND.

Contract No. 207604

The Contractor must have either a Class A license or any combination of Class C licenses which constitutes a majority of the work.

In accordance with SB 854 passed by the California State Senate on June 20, 2014, all contractors and subcontractors bidding and performing work on Public Works Projects are required to register with the Department of Industrial Relations (DIR) on an annual basis. See sections 2 and 3 of the Standard Specifications for contractors' registration requirements.

Bids must be on a unit price basis.

Complete the work, excluding plant establishment work, within 50 working days.

The estimated cost of the project is $ 878,000.

The Department will receive bids until 11:00 A.M. on September 12, 2024 at the Shasta County Clerk of the Board, 1450 Court Street, Suite 311, Redding, California, 96001. Bids received after this time will not be accepted. The Department will open and publicly read the bids at the above address immediately after the specified closing time.

BIDDING DOCUMENTS: Each bid must be in accordance with the bid documents, construction drawings, and specifications on file at the Shasta County Department of Public Works 1855 Placer Street, Redding, California 96001. These bid documents, construction drawings and specifications are available for viewing or downloading through the Shasta County Department of Public Works website at:

https://www.shastacounty.gov/public-works/page/bids-proposals.

Also, through this website, a bidder may view and join a Document Holder’s List for this project.

Joining the Document Holder’s List, and checking to see if there are addenda issued prior to bidding are the sole responsibility of the bidder. If any addendum is issued, the County will attempt to notify each document holder on the Document Holder’s List using the e-mail address and/or the FAX numbers entered on the Document Holder’s List. The County shall not in any way be responsible or liable for failure of a document holder to receive notification. It is the bidder’s https://www.shastacounty.gov/public-works/page/bids-proposals

7 No. 207604 responsibility, prior to submitting the bid, to check the website or otherwise inquire to determine whether the County has issued any addenda.

Note that there are local blueprinting companies that can download and sell paper copies of the bid documents, construction drawings and specifications. Bidders are responsible for arranging and purchasing these paper copies if they so choose.

INQUIRIES: All inquiries regarding the project should be directed to the office of the Department of Public Works of Shasta County, attention: Kavith Rupasinghe at (530) 245-6442 (phone), (530) 225-5667 (fax), or prupasinghe@shastacounty.gov (email).

Questions about alleged patent ambiguity of the plans, specifications, or estimate must be asked before bid opening. After bid opening, the Department does not consider these questions as bid protests.

The successful bidder shall furnish a payment bond and a performance bond.

Prevailing wages are required on this Contract. Wage rates and restrictions on working days and times shall meet all requirements of the Labor Code of the State of California for public contracts.

The bidder may contact the Director of the Department of Industrial Relations, phone number

(415) 703-4774, website http://www.dir.ca.gov, to obtain a schedule of general prevailing wages applicable to the location and work to be done. The Contractor and the Contractor’s subcontractors are responsible for compliance with the requirements of Sections 1777.5 and 1777.6 of the Labor Code of the State of California regarding employment of apprentices.

A Public Contract Code Section 6109 Statement, Public Contract Code Section 10162 Questionnaire, a Public Contract Code Section 10232 Statement, a Public Contract Code Section

10285.1 Statement, a California Labor Code Section 1771.1 Statement and a Public Contract Code Section 7106 Non-collusion Affidavit shall be included with the bid. Signing the bid shall also constitute execution of the aforementioned Questionnaire, Statements, and Non-Collusion Affidavit.

No bid will be considered unless it is made on the bid to the County of Shasta form found in the Contract Documents and is made in accordance with the provisions of the Bid Requirements and Conditions set forth under Section 2 of these Special Provisions.

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.

The Contractor shall comply with Title 8, Section 16451 of the California Code of Regulations and shall be responsible for posting per Subsection (d).

The Contractor may elect to substitute securities for any monies withheld to ensure performance under the Contract in accordance with the provisions of Section 22300 of the Public Contract Code and the Contract Documents.

http://www.dir.ca.gov/

8 No. 207604

The County of Shasta reserves the right to reject any or all bids, or to waive any irregularity in any bid.

Board of Supervisors County of Shasta State of California

By: C. Troy Bartolomei Public Works Director

9 No. 207604

BID ITEM LIST

ITEM ITEM DESCRIPTION UNIT EST. QUANTITY

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" x 11’ GAUGE CHAIN-LINK FENCE LF 898

23. 10' DOUBLE DRIVE GATES EA 1

10 No. 207604

SPECIAL PROVISIONS

ORGANIZATION

The work embraced herein shall be done in accordance with the STANDARD SPECIFICATIONS dated 2018, and the STANDARD PLANS dated 2018, and revisions thereto, of the State of California, Department of Transportation insofar as the same may apply and in accordance with the following special provisions. In case of conflict between the Standard Specifications and these special provisions, the special provisions shall take precedence over and be used in lieu of such conflicting portions.

Special provisions are under headings that correspond with the main-section headings of the Standard Specifications. A main-section heading is a heading shown in the table of contents of the Standard Specifications.

Each special provision begins with a revision clause that describes or introduces a revision to the Standard Specifications as revised by any revised standard specification.

Any paragraph added or deleted by a revision clause does not change the paragraph numbering of the Standard Specifications for any other reference to a paragraph of the Standard Specifications.

DIVISION I GENERAL PROVISIONS

1 GENERAL

Add or replace the following definitions in section 1-1.07B with:

California Test: Caltrans-developed test for determining work quality. For California Tests, go to the METS website.

Caltrans: The State of California, Department of Transportation.

County: The County of Shasta, located in California.

Department or Department of Transportation: The Department of Public Works of the County of Shasta.

Labor Surcharge and Equipment Rental Rates: Caltrans publication that lists labor surcharge and equipment rental rates.

Plant Establishment Period: Number of working days shown on the Notice to Bidders for plant establishment work.

State: The County of Shasta where reference is made to the agency administering the Contract for construction of the project and execution of the work. Otherwise, the State of California, including its agencies, departments or divisions whose conduct or action is related to the work.

Structure Design: Department of Public Works of the County of Shasta.

Replace the 1st sentence in section 1-1.08 with:

11 No. 207604

The Caltrans district composition and office addresses are as shown in the following table:

Add to the end of section 1-1.09:

The project is in a freeze-thaw area.

Replace the following items in section 1-1.11:

Reference or agency or department unit Website Address Telephone no.

Department https://www.shastacounty.

gov/public-works

Shasta County – DPW 1855 Placer Street Redding, CA 96001

(530) 225-5661

Division of Accounting, Office of

External Accounts Payable https://www.shastacounty.

gov/public-works

Shasta County – DPW 1855 Placer Street Redding, CA 96001

(530) 225-5661

METS

Caltrans website:

http://www.dot.ca.gov/hq/ esc/Translab/

Shasta County – DPW 1855 Placer Street Redding, CA 96001

(530) 225-5661

Office Engineer https://www.shastacounty.

gov/public-works

Shasta County – DPW 1855 Placer Street Redding, CA 96001

(530) 225-5661

Offices of Structure Design, Documents

Unit https://www.shastacounty.

gov/public-works

Shasta County – DPW 1855 Placer Street Redding, CA 96001

(530) 225-5661

Add the following item to section 1-1.11:

Reference or agency or department unit Website Address Telephone no.

Bidders’ Exchange https://www.shastacounty.

gov/public-works/page/bids-proposals

Shasta County – DPW 1855 Placer Street Redding, CA 96001

(530) 225-5661

Replace the 1st sentence in section 1-1.12 with:

Make checks and bonds payable to the County of Shasta

2 BIDDING

https://www.shastacounty.gov/public-works https://www.shastacounty.gov/public-works https://www.shastacounty.gov/public-works https://www.shastacounty.gov/public-works http://www.dot.ca.gov/hq/esc/Translab/ http://www.dot.ca.gov/hq/esc/Translab/ https://www.shastacounty.gov/public-works https://www.shastacounty.gov/public-works https://www.shastacounty.gov/public-works https://www.shastacounty.gov/public-works https://www.shastacounty.gov/public-works/page/bids-proposals

12 No. 207604

Replace section 2-1.06A with:

2-1.06A General The Bid book includes bid forms and certifications.

The Notice to Bidders and Special Provisions includes the Notice to Bidders, revised standard specifications, and special provisions.

The Bid book, Notice to Bidders and Special Provisions, project plans, and any addenda to these documents may be accessed at the Department’s Bids & Proposals website:

https://www.shastacounty.gov/public-works/page/bids-proposals The Standard Specifications and Standard Plans may be viewed at the Caltrans website and may be purchased at the Caltrans Publication Distribution Unit.

Replace section 2-1.06B with:

2-1.06B Supplemental Project Information The Department makes supplemental information available as specified in the special provisions.

If an Informational Handout or cross sections are available, you may view them at the Department’s Bids & Proposals website:

https://www.shastacounty.gov/public-works/page/bids-proposals If other supplemental project information is available for inspection, you may make arrangements to view it by contacting Kavith Rupasinghe at (530) 245-6442 (phone), or prupasinghe@shastacounty.gov (email). Make your request at least 7 days before viewing.

As-built drawings may not show existing dimensions and conditions. Where new construction dimensions are dependent on existing dimensions, verify the field dimensions and adjust the dimensions of the work to fit the existing conditions.

Delete section 2-1.15

Delete section 2-1.18

Delete Section 2-1.27

Delete Section 2-1.31

Replace the 3rd paragraph in section 2-1.33A with:

Do not fax forms except for the copies of forms with public works contractor registration number submitted after the time of bid. Fax these copies to (530) 225-5667.

Delete the 6th, 7th and 8th paragraph in section 2-1.33A

Delete section 2-1.33B(2) of the RSS

13 No. 207604

Delete section 2-1.33B(3)(b) of the RSS

Replace the table in section 2-1.33B(3)(c)(ii) of the RSS with:

Form Submittal deadline

Bid to the Department of Public Works Time of bid except for the public works contractor registration number

Copy of the Bid as submitted at the time of bid with the public works contractor registration number

10 days after bid opening

Subcontractors List Time of bid except for the public works contractor registration number

Copy of the Subcontractors List as submitted at the time of bid with the public works contractor registration number

10 days after bid opening

Replace section 2-1.34 with:

2-1.34 BIDDER’S SECURITY

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

1. Cash

2. Cashier’s check

3. Certified check

4. Signed bidder’s bond by an admitted surety insurer Submit cash, cashier’s check, certified check, or bidder’s bond with your bid proposal.

If using a bidder’s bond, you may use the form in the Bid book. If you do not use the form in the Bid book, use a form containing the same information.

Delete the 2nd paragraph in section 2-1.40

Replace section 2-1.44 with:

2-1.44 BID PROTEST

Any bid protest must be in writing and received by the Shasta County Department of Public Works Office at 1855 Placer Street, Redding, California 96001 or Shasta County Clerk of the Board at 1450 Court Street, Suite 308B, Redding, California 96001 before 5:00 p.m. no later than three working days following bid opening (the “Bid Protest Deadline”) and must comply with the following requirements:

1. General. Only a bidder who has actually submitted a Bid Proposal is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest. For purposes of this Section 2-1.44, a “working day” means a day that the County is open for normal business, and excludes weekends and holidays observed by County.

14 No. 207604

2. Protest Content. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. Material submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. The protest must include the name, address, email address, and telephone number of the person representing the protesting bidder. The protesting bidder is solely responsible for the cost of preparing their protest.

3. Copy to Protested Bidder. A copy of the protest and all supporting documents must be concurrently transmitted by email or hand delivery, by or before the Bid Protest Deadline, to the protested bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest. Further, verification of transmittal or delivery of all documents must be concurrently provided to the Project Engineer listed in the “Notice to Bidders.”

4. Response to Protest. The protested bidder may submit a written response to the protest, provided the response is received by County, as listed above, before 5:00 p.m., within three working days after the Bid Protest Deadline or after its actual receipt of the bid protest, whichever is sooner (the “Response Deadline”). The response must include all supporting documentation. Material submitted after the Response Deadline will not be considered. The response must include the name, address, email address, and telephone number of the person representing the protested bidder. The responding bidder is solely responsible for the cost of preparing their response.

5. Copy to Protesting Bidder. A copy of the response and all the supporting documents must be concurrently transmitted by email or hand delivery, by or before the Bid Response Deadline, to the protesting bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest. Further, verification of transmittal or delivery of all documents must be concurrently provided to the Project Engineer listed in the “Notice to Bidders.”

6. Exclusive Remedy. The procedure and time limits set forth in this section are mandatory and are the bidder’s sole and exclusive remedy in the event of bid protest. A bidder’s failure to comply with these procedures will constitute a waiver of any right to further pursue a bid protest, including filing a Government Code Claim or initiation of legal proceedings.

7. Right to Award. The Board of Supervisors reserves the right to award the Contract to the bidder it has determined to be the responsible bidder submitting the lowest responsive bid, and to issue a notice to proceed with the Work notwithstanding any pending or continuing challenge to its determination.

Delete the last sentence in section 2-1.47

3 CONTRACT AWARD AND EXECUTION

Replace section 3-1.02B with:

3-1.02B Tied Bids

15 No. 207604

The Department breaks a tied bid with a coin toss.

Replace section 3-1.04 with:

3-1.04 CONTRACT AWARD

If the County awards the contract, the award is made to the lowest responsible and responsive bidder within 45 days after the bid opening.

The Department may extend the award period if the Bidder agrees.

You may request to extend the award period by faxing a request to the Department at (530) 225- 5667 before 4:00 p.m. on the last day of the award period. If you do not make this request, after the specified award period:

1. Your bid becomes invalid

2. You are not eligible for the award of the contract

Replace item 2 in section 3-1.05 with:

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

Delete section 3-1.08

Replace section 3-1.18 with:

3-1.18 CONTRACT EXECUTION

The successful bidder must sign the Contract form.

Deliver to the Department:

1. Signed Contract form

2. Contract bonds

3. Documents identified in section 3-1.07 The Office Engineer must receive these documents before the 10th business day after the Bidder receives the Notice of Award.

The Bidder’s security may be forfeited for failure to execute the contract within the time specified (Public Contract Code §§ 10181, 10182, and 10183).

5 CONTROL OF WORK

Replace the last paragraph of section 5-1.01 with:

Use contract administration forms available at the Caltrans website.

16 No. 207604

Delete section 5-1.09

Delete section 5-1.13C

Delete section 5-1.13D

Replace the 1st paragraph of section 5-1.24A of the RSS with:

The Department places stakes and marks under chapter 12, “Construction Surveys,” of the Caltrans Survey Manual.

Delete the 2nd through 5th paragraphs in section 5-1.27E

Replace section 5-1.43E with:

5-1.43E Alternative Dispute Resolution 5-1.43E(1) General Your use of the claims resolution process available in Public Contract Code § 9204 (and set forth in section 5-1.43E(2)) shall not satisfy or otherwise excuse your compliance with the potential claims and dispute resolution procedures set forth in section 5-1.43.

5-1.43E(2) Public Contract Code Section 9204

(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.

(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.

(c) For purposes of this section:

(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:

(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project.

(B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.

(C) Payment of an amount that is disputed by the public entity.

(2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.

17 No. 207604

(3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.

(B) “Public entity” shall not include the following:

(i) The Department of Water Resources as to any project under the jurisdiction of that department.

(ii) The Department of Transportation as to any project under the jurisdiction of that department.

(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.

(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.

(v) The Military Department as to any project under the jurisdiction of that department.

(vi) The Department of General Services as to all other projects.

(vii) The High-Speed Rail Authority.

(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.

(5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.

(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.

(B) The claimant shall furnish reasonable documentation to support the claim.

(C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.

(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.

18 No. 207604

(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.

(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim.

Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.

(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.

(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.

(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.

(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier

19 No. 207604 subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.

(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section.

(f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.

(g) This section applies to contracts entered into on or after January 1, 2017.

(h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.

(i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date.

6 CONTROL OF MATERIALS

Add between the 2nd and 3rd paragraph in section 6-2.01A:

The Department uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract. You may examine the records and reports of tests the Department performs if they are available at the job site. Schedule work to allow time for QAP.

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

The Department's independent assurance program is described in the Caltrans’ Independent Assurance Manual: Procedures for Accreditation of Laboratories and Qualification of Testers.

For the manual, go to the Caltrans METS website.

Replace the last paragraph in section 6-2.01C with:

For procedures to be included on an Authorized Material List, go to the Caltrans METS website.

Replace the last paragraph in section 6-2.01D with:

For procedures to be included on an Authorized Material Source List, go to the Caltrans METS website.

20 No. 207604

Replace the 3rd paragraph in section 6-2.01E with:

For the inspection request form and the procedure for its submittal, go to the Caltrans METS website. Notify the Engineer of each submittal.

Replace the 3rd paragraph in section 6-2.01F with:

Submit material to be tested with a Sample Identification Card. For the card, go to the Caltrans METS website.

7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

Replace the 4th paragraph in section 7-1.02K(3) with:

The Department allows the use of a form with identical wording as the Statement of Compliance form available at the Caltrans website.

Delete the 6th, through 10th paragraph in section 7-1.02K(3)

Replace section 7-1.02M(2) of the RSS with:

7-1.02M(2) Fire Protection The Contractor shall cooperate with local fire prevention authorities in eliminating hazardous fire conditions and shall implement the following fire plan under the direction of the Engineer:

1. The Contractor shall be responsible for:

1.1 Obtaining the phone number of the nearest fire suppression agency and providing this phone number to the Engineer as a first order of Work,

1.2 Immediately reporting to said fire suppression agency all fires occurring within the limits of the project site,

1.3 Preventing all project personnel from setting open fires not a part of the Work, unless the Fire Index is at "Low," or the application of the Fire Index is suspended or, if in an area not covered by the Fire Index rating system, the Engineer determines that the fire hazard is negligible,

1.4 Preventing the escape of fire caused directly or indirectly as a result of project operations and extinguishing all said fires.

2. Except for motor trucks, truck tractors, buses, and passenger vehicles, the Contractor shall equip all hydro-carbon fueled engines, both stationary and mobile, including motorcycles, with spark arresters that meet U.S. Forest Service Standards as specified in the Forest Service Spark Arrester Guide and shall maintain said arresters in good operating condition. Spark arresters are not required by the California Department of Forestry and Fire Protection or the U.S. Forest Service on equipment powered by properly maintained exhaust-driven turbo-charged engines, or when equipped with scrubbers with properly maintained water levels. The Forest Service Spark Arrester Guide is available for inspection at the Department.

21 No. 207604

3. All toilet facilities shall have a metal receptacle, at least six inches in diameter by eight inches deep, half-filled with sand, for ashes and discarded cigarettes, and within easy reach of anyone utilizing the facility.

4. All equipment service areas, parking areas, and gas and oil storage areas shall be located so that there is no flammable material within a radius of at least 50 feet of said area. Small mobile or stationary engine sites shall be cleared of flammable material for a radius of at least 15 feet from such engine.

5. Areas to be cleared and grubbed shall be cleared, and kept clear of, flammable material such as dry grass, weeds, brush, downed trees, oily rags and waste, paper, cartons, plastic waste, etc. The first order of the Work shall be to clear a firebreak at the outer limits of the areas to be cleared and grubbed in accordance with the Contract Documents. Other firebreaks may be ordered by the Engineer. Such additional ordered firebreaks will be paid for as extra work as provided in Section 4-1.05, “Changes and Extra Work,” of the Standard Specifications.

If the project is shut down or partially shut down on account of hazardous fire conditions, working days during such period will be determined in the same manner as provided in Section 8-1.05, “Time,” of the Standard Specifications for shutdowns due to weather.

Unless otherwise specified in this section, full compensation for conforming to the provisions herein shall be considered as included in the Contract prices for the various items of work and no additional compensation will be made therefor.

Replace section 7-1.05 with:

7-1.05 INDEMNIFICATION

To the fullest extent permitted by law, Contractor shall indemnify and hold harmless County, its elected officials, officers, employees, agents, and volunteers against all claims, suits, actions, costs, expenses, (including, but not limited to, reasonable attorney's fees of County Counsel and counsel retained by County, expert fees, litigation costs, and investigation costs), damages, judgments, or decrees arising from the work or the provision of services undertaken pursuant to this contract by Contractor, or by any of Contractor’s subcontractors, any person employed under Contractor, or under any subcontractor, or in any capacity, except when the injury or loss is caused by the sole negligence or intentional wrongdoing of County. Contractor shall also, at Contractor’s own expense, defend the County, its elected officials, officers, employees, agents, and volunteers, against any claim, suit, action or proceeding brought against County, its elected officials, officers, employees, agents, and volunteers, arising from the work or the provision of services undertaken pursuant to this contract by Contractor, or any of Contractor’s subcontractors, any person employed under Contractor, or under any Subcontractor, or in any capacity. Contractor shall also defend and indemnify County for any adverse determination made by the Internal Revenue Service or the State Franchise Tax Board and/or any other taxing or regulatory agency and shall defend, indemnify, and hold harmless County with respect to Contractor’s “independent Contractor” status that would establish a liability on County for failure to make social security deductions or contributions or income tax withholding payments, or any other legally mandated payment. The provisions of this paragraph are intended to be interpreted as broadly as permitted by applicable law. This provision shall survive the termination, expiration, or cancellation of this contract. The Indemnification provisions are independent of, and shall not in any way be limited by, Consultants insurance coverage or lack of coverage, or by the insurance requirements of this agreement. County

22 No. 207604 acknowledgement or approval of Consultant’s evidence of the insurance coverage required by this Agreement does not in any way relieve Consultant from its obligations under this section.

Replace section 7-1.06 with:

7-1.06 INSURANCE POLICIES

Without limiting Contractor’s duties of defense and indemnification:

7.1 Contractor and any subcontractor shall carry, from an insurance carrier authorized to transact business in the State of California, Commercial General Liability Insurance, and other coverage necessary to protect County and the public with limits of liability of not less than $2 million per occurrence or claim [$5 million for building construction]. Such insurance shall:

.1 Be equivalent to the current Insurance Services Office (ISO) form CG 00 01, assuring coverage for products and completed operations, property damage, bodily injury, and personal and advertising injury.

.2 Include an endorsement, or an amendment to the policy of insurance, naming

Shasta County, its elected officials, officers, employees, agents, and volunteers as additional insureds; the additional insureds coverage shall be equal to the current ISO forms CG 20 10 for ongoing operations, and CG 20 37 for completed operations.

.3 Apply separately to this project and location(s); in the event of a general aggregate limit, the general aggregate limit shall be twice the required per occurrence limit.

.4 Contain, or be endorsed to contain, a “separation of insureds” clause which shall read, or have the same effect as the following:

“Separation of Insureds.

Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies:

a. As if each Named Insured were the only Named Insured; and

b. Separately to each suit insured against whom a claim is made or suit is brought.”

7.2 Contractor and any subcontractor shall carry Automobile Liability Insurance coverage any auto, unless Contractor has no owned autos then covering at minimum hired and non-owned autos, with limits of $1 million per occurrence or claim. Such coverage shall:

.1 Include, or be endorsed to contain, Additional Insured coverage in favor of

Shasta County, its elected officials, officers, employees, agents, and volunteers.

23 No. 207604

.2 Include, or be endorsed to contain, coverage for hazardous waste transportation, when appropriate to the work being performed.

7.3 Contractor and any subcontractor shall carry statutorily required Workers'

Compensation Insurance, and Employer's Liability Insurance with limits of $1 million per occurrence or claim, to cover Contractor, subcontractor, Contractor's partner(s), subcontractor's partner(s), Contractor's employees, and subcontractor’(s’) employees covering the full liability for compensation for injury to those employed by Contractor or subcontractor. Contractor hereby certifies that Contractor is aware of the provisions of section 3700 of the Labor Code, which requires every employer to insure against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of the Labor Code, and Contractor shall comply with such provisions before commencing the performance of the work or the provision of services pursuant to this contract.

7.4 Contractor shall require its subcontractors, if any, to carry and maintain insurance coverage and evidence that equals or exceeds the coverage requirements imposed upon Contractor by this Contract.

7.5 With regard to all insurance coverage required by this Contract:

.1 Any deductible or self-insured retention exceeding $25,000 for Contractor or subcontractor shall be disclosed to and be subject to approval by the Shasta County Risk Manager prior to the effective date of this Contract;

policy shall provide, or be endorsed to provide, that any self-insured retention or deductible may be satisfied by either the named insured or County, and must also provide that defense costs satisfy the self-insured retention or deductible. Any and all deductibles and self-insured retentions shall be the sole responsibility of Contractor or subcontractor who procured such coverage, and shall not apply to the Indemnified Additional Insured Parties. County may deduct from any amounts otherwise due Contractor to fund the self-insured retention or deductible.

.2 If any insurance coverage required hereunder is provided on a “claims made” rather than “occurrence” form, Contractor or subcontractor shall maintain such coverage with an effective date earlier or equal to the effective date of this Contract and continue coverage for a period of three years after the expiration of this Contract and any extensions thereof. In lieu of maintaining post-Contract expiration coverage as specified above, Contractor or subcontractor may satisfy this provision by purchasing tail coverage for the claims-made policy. Such tail coverage shall, at a minimum, provide coverage for claims received and reported three years after the expiration date of this Contract.

.3 In the event coverage is reduced or canceled, or otherwise materially changed, a notice of said reduction or cancellation or change shall be provided to County within 24 hours.

24 No. 207604

.4 Consultant hereby grants to Shasta County, its elected officials, officers, employees, agents, and volunteers, a waiver of any right to subrogation or recovery which any insurer of said Consultant may acquire against County by virtue of the payment of any loss under such coverage, and agrees to obtain any endorsement that may be necessary to affect this waiver; this provision applies regardless of whether or not County has received such a waiver or endorsement.

.5 Any available insurance proceeds in excess of the specified minimum limits and insurance coverage pursuant to the terms of this contract shall be applicable to County.

.6 Before the effective date of this contract, Contractor shall provide County with certificates of insurance, and all amendatory endorsements or policy amendments as evidence of meeting insurance coverage required of this contract; for purposes of verification of Contractor meeting insurance requirements of the contract, County reserves the right to require any policies, declarations, endorsements, and other documentation.

.7 Coverage required herein shall be in effect at all times during the term of this Contract, and may be provided by programs of self-insurance when supported by adequate evidence meeting appropriate self-insurance and regulatory compliance. Insurance is to be placed with insurers authorized to transact business in California, with a current A.M. Best’s rating of not less than A-VII, unless otherwise authorized by County.

.8 In the event any insurance coverage expires at any time during the term of this Contract, Contractor shall provide County, at least 20 days prior to said expiration date, a new endorsement or policy amendment evidencing insurance coverage as provided for herein for not less than the remainder of the term of this Contract or for a period of not less than one year. In the event Contractor fails to keep in effect at all times insurance coverage as herein provided and a renewal endorsement or policy amendment is not provided within 10 days of the expiration of the endorsement or policy amendment in effect at inception of this Contract, County may, in addition to any other remedies it may have, terminate this Contract upon the occurrence of such event.

.9 For any claims related to this agreement, Contractor’s coverage shall be primary and non-contributory. Any coverage maintained by Shasta County, its elected officials, officers, employees, agents, and volunteers, shall be excess of the Contractor’s coverage and shall not contribute with it.

.10 Any failure to comply with reporting provisions of the policies shall not affect coverage provided to Shasta County, its elected officials, officers, employees, agents, or volunteers.

25 No. 207604

8 PROSECUTION AND PROGRESS

Add to the end of section 8-1.01:

Whenever you change the normal agreed-to hours of work you must provide 24-hour notice to the Engineer.