HomeMy WebLinkAbout22-21-C.pdf SPECIFICATIONS
RMO YARD AREA 8 FENCE RECONSTRUCTION
BUDGET / ACCOUNT: 4510 / 7370
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6 Department o Public Works and Planning
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CONTRACT NUMBER 22-21-C
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County of Fresno
Q 1856 Q DEPARTMENT OF PUBLIC WORKS AND PLANNING
STEVEN E. WHITE, DIRECTOR
January 31, 2023 Contract No. 22-21-C
ADDENDUM NO. 1 to RMO Yard Area 8 Fence Reconstruction, revising the Bidding and
Contract Documents as follows:
TABLE OF CONTENTS
No changes
NOTICE TO BIDDERS
ADD:
A pre-bid conference will be held at 10:00 a.m., on February 6, 2023. A discussion
of the project will be held and the project sites will be open for examination.
Contractors should meet at the Area 8 Maintenance and Operations yard, south
of Olive in between Highland Ave and McCall Ave on 9525 E. Olive Ave. in Sanger.
Attendance at the pre-bid is not mandatory; however, the scheduled pre-bid will
be the only opportunity for prospective bidders to visit the site in the presence of
County staff, and requests for individual site visits with County staff will not be
granted.
DELETE:
2:00 P.M., (1400 hours and 00 seconds)
Tuesday, February 7, 2023
REPLACE with:
2:00 P.M., (1400 hours and 00 seconds)
Thursday, February 16, 2023
SPECIAL PROVISIONS
Section 8-1.04B Standard Start
DELETE:
Complete work before the expiration of
FIVE (5) WORKING DAYS
REPLACE with:
Complete work before the expiration of
FIFTEEN (15) WORKING DAYS
Addendum No. 1 RMO YARD AREA 8 FENCE RECONSTRUCTION
Contract No. 22-21-C Page 1 of 3
DELETE:
Pay to the County of Fresno the sum of TWO THOUSAND NINE HUNDRED
DOLLARS ($2,900.00)
REPLACE with:
Pay to the County of Fresno the sum of ONE THOUSAND FIVE HUNDRED
DOLLARS ($1,500.00)
PROPOSAL
No changes
BID BOOK
DELETE: Bid Item List — Proposal 2
REPLACE with: attached Bid Item List — Proposal 2A
AGREEMENT
No changes
PROJECT DETAILS
Fresno Irrigation District Encroachment Permit
The District engineer has approved a new date of completion of March 31, 2023.
END OF ADDENDUM NO. 1
Addendum No. 1 RMO YARD AREA 8 FENCE RECONSTRUCTION
Contract No. 22-21-C Page 2 of 3
--------------------------------------------------------------------------------------------------------------------
Please attach this Addendum to the inside cover of the Specifications booklet. If you
have given the Bidding and Contract Documents to someone else, please forward this
Addendum.
Jan 31, 2023
Date Signed
Supervising Engineer: ,eP
Joseph C. Harrell, PE C80424
FRESNO COUNTY
Department of Public Works and Planning
m/a 2220 Tulare Street, Suite 720
Fresno, CA 93721-2106
Addendum No. 1 RMO YARD AREA 8 FENCE RECONSTRUCTION
Contract No. 22-21-C Page 3 of 3
Fresno County Department of Public Works and Planning
Bid Item List - Proposal 2A
Contract#
22-21-C
Contract Name
RMO Yard Area 8 Fence Reconstruction
Bid Items
Item ID Quantity Unit Unit Price Total
Description
1 1 LS Is Is
Job Site Management
2 1 LS $ $
Prepare and Implement Water Pollution Control Plan
3 1000 $ 1$1 F$1,000
FID Permit Fees
4 1 LS Is Is
Clearing and Grubbing
5 1850 LF Is $
Remove And Dispose Existing Fence Along Perimeter
6 15 EA Is $
Remove And Dispose Existing Wood Fence Post
7 2271 LF Is Is
Install 6' High Chainlink Fence With 3 Strands Of Barbed Wire, Posts on Concrete Foundation, and Appurtenances
Per Plan
8 2 EA Is $
Install 16'Wide Chainlink Gate With 3 Strands Of Barbed Wire, Posts on Concrete Foundation and Appurtenances
Per Plan
9 1 LS Is Is
Mobilization
Bid Items Total: $
Bid Item List 1/31/2023
22-21-C Page 1 of 1
co
County of Fresno
Q 1856 Q DEPARTMENT OF PUBLIC WORKS AND PLANNING
STEVEN E. WHITE, DIRECTOR
February 13, 2023 Contract No. 22-21-C
ADDENDUM NO. 2 to RMO Yard Area 8 Fence Reconstruction, revising the Bidding and
Contract Documents as follows:
TABLE OF CONTENTS
No changes
NOTICE TO BIDDERS
No changes
SPECIAL PROVISIONS
No changes
PROPOSAL
No changes
BID BOOK
DELETE: Bid Item List — Proposal 2A
REPLACE with: attached Bid Item List — Proposal 213
AGREEMENT
DELETE:
Liability Insurance Requirements
For each Aggregate for General Umbrella or
Total bid occurrences products/completed aggregateb excess
operation liabilit
$1,000,000 $1,000,000 $2,000,000 $2,000,000 $5,000,000
> $1,000,000
:5 $10,000,000 $1,000,000 $2,000,000 $2,000,000 $10,000,000
> $10,000,000
:5 $25,000,000 $2,000,000 $2,000,000 $4,000,000 $15,000,000
> $25,000,000 $2,000,000 $2,000,000 $4,000,000 $25,000,000
Addendum No. 2 RMO YARD AREA 8 FENCE RECONSTRUCTION
Contract No. 22-21-C Page 1 of 3
REPLACE with:
Liability Insurance Requirements
For each Aggregate for General Umbrella or
occurrences products/com pleted operation aggregateb excess liabilit
$1,000,000 $2,000,000 $2,000,OOOF $2,000,000
PROJECT DETAILS
DELETE: Fence Layout Map
REPLACE with: attached Fence Layout Map A
END OF ADDENDUM NO. 2
Addendum No. 2 RMO YARD AREA 8 FENCE RECONSTRUCTION
Contract No. 22-21-C Page 2 of 3
--------------------------------------------------------------------------------------------------------------------
Please attach this Addendum to the inside cover of the Specifications booklet. If you
have given the Bidding and Contract Documents to someone else, please forward this
Addendum.
Feb 13, 2023
Date Signed
Supervising Engineer: uo. ....° f
Joseph C. Harrell, PE C80424
FRESNO COUNTY
Department of Public Works and Planning
m/a 2220 Tulare Street, Suite 720
Fresno, CA 93721-2106
Addendum No. 2 RMO YARD AREA 8 FENCE RECONSTRUCTION
Contract No. 22-21-C Page 3 of 3
Fresno County Department of Public Works and Planning
Bid Item List - Proposal 2B
Contract#
22-21-C
Contract Name
RMO Yard Area 8 Fence Reconstruction
Bid Items
Item ID Quantity Unit Unit Price Total
Description
1 1 LS Is $
Job Site Management
2 1 LS $ $
Prepare and Implement Water Pollution Control Plan
3 1000 $ $1 $1,000
FID Permit Fees
4 1850 LF $ $
Remove And Dispose Existing Fence Along Perimeter
5 15 EA $ $
Remove And Dispose Existing Wood Fence Post
6 2271 LF Is $
Install 6' High Chainlink Fence With 3 Strands Of Barbed Wire, Posts on Concrete Foundation, and Appurtenances
Per Plan
7 2 EA Is $
Install 16'Wide Chainlink Gate With 3 Strands Of Barbed Wire, Posts on Concrete Foundation and Appurtenances
Per Plan
8 1 LS $ $
Mobilization
Bid Items Total: Is
Bid Item List 2/13/2023
22-21-C Page 1 of 1
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TABLE OF CONTENTS
COVER SHEET
DIRECTOR'S ADOPTION AND ACKNOWLEDGMENT
Engineer's Signature
NOTICE TO BIDDERS
BID ITEMS AND APPLICABLE SECTIONS
SPECIAL PROVISIONS
PROJECT DETAILS / DRAWINGS
Location Map
FID Permit
Fence Layout Map
Chainlink Fence Detail
Self-Dealing Transactions Disclosure Form
Revised Standard Specifications Dated 09-02-16
BID BOOK
Bidder's Declaration
Bid Form
Abbreviations Used
Signature Page
Noncollusion Declaration
Public Contract Code
Subcontractor List
Certifications
Guaranty
AGREEMENT
Contract Number 22-21-C
PROJECT: RMO YARD AREA 8 FENCE RECONSTRUCTION
CONTRACT NUMBER: 22-21-C
Date Signed: Jan 25, 2023
S�gygly 67 GVylI
Steven E White(Jan 25,2023 14:47 PST)
Steven E. White, Director
Department of Public Works and Planning
Date Signed:
Jan 25, 2023
Supervising Engineer:
Joseph C. Harrell, PE C80424
FRESNO COUNTY
Department of Public Works and Planning
m/a 2220 Tulare Street, Suite 720
Fresno, CA 93721-2106
COUNTY OF FRESNO
DEPARTMENT OF PUBLIC WORKS AND PLANNING STATE OF CALIFORNIA
NOTICE TO BIDDERS
Sealed proposals will be received at:
https://www.bidexpress.com/businesses/36473/home
and at the Fresno County Department of Public Works and Planning (Department), Office of the
Design Engineer, Seventh Floor, Fresno County Plaza Building, 2220 Tulare Street, Fresno, CA
93721 until
2:00 P.M., (1400 hours and 00 seconds)
Tuesday, February 7, 2023
If you have any questions about bid submission, please contact us at
DesignServicesCa-)fresnocountyca.gov or calling (559) 600-4241.
Promptly following the closing of the bidding all timely submitted bids will be publicly opened and
viewable via a livestream (the link for which will be posted at
http://www.co.fresno.ca.us/planholders) for construction in accordance with the project
specifications therefor, to which special reference is made as follows:
RMO Yard Area 8 Fence Reconstruction
CONTRACT NUMBER 22-21-C
The work to be done consists, in general, of the reconstruction of the fence and two access gates
surrounding the Area 8 Maintenance and Operations yard, which is south of Olive and in between
Highland Ave and McCall Ave on 9525 E. Olive Ave. in Sanger. Prior to the installation of the chain
link fence, existing fence and wood fence posts need to be removed and disposed of. The existing
fence consists of barbed wire on wood with most areas on metal posts. The 2 access gates will
need to provide for 16 feet wide openings. The chain link fence will be 6 feet tall with barbed wire
along the top.
The County of Fresno is committed to increasing the availability of employment and training
opportunities, and requires that the Contractor and each subcontractor employed on this
Project shall use their best efforts to ensure that thirty-three percent (33%) of apprentice
hours are performed by qualified participants in state approved apprenticeship programs
who also are current or former "Welfare-to-Work" participants in the CaIWORKs program.
Attention is directed to "Apprentices" in Section 7 of these special provisions.
Incentives whereby the Contractor or subcontractor receives partial reimbursement for the
wages paid to apprentices who qualify may be available. The incentive program is
administered by the County of Fresno, Department of Social Services, Employment
Resource Center. For questions regarding the incentive program, contact the Employment
Resource Center at (559) 600-5370.
Bidders may fill out a Request to be Added to Planholders list:
https://www.co.fresno.ca.us/departments/public-works-planning/divisions-of-public-works-and-
planning/design-division/planholders-list-request-to-be-added
Requesters will then be listed as a planholder for the project on the website and receive notifications
and addenda issued for the project.
Prospective bidders may also select the project on www.BidExpress.com. Those that demonstrate
interest in the project will be added to the planholders list, and receive notifications and addenda
issued for the project.
Planholder and exchange/publication names may be obtained from the Fresno County website at
http://www.co.fresno.ca.us/planholders.
Electronic copies, in ".pdf" file format, of the official project specifications, bid books and proposal
sheets, and such additional supplemental project information as may be provided, are available to
view, download, and print at http://www.co.fresno.ca.us/planholders.
If a bidder is unable to submit a bid via Bid Express, Bid Books, which contain bid proposal sheets
necessary to submit a bid, may be obtained within the Specifications documents posted on the
Fresno County website.
Electronic bids shall be submitted via the BidExpress website. Hardcopy bids shall be submitted in
a sealed envelope addressed to the Department and labeled with the name of the bidder, the name
of the project and the statement "Do Not Open Until The Time Of Bid Opening."
Bid security in the amount of ten (10) percent of the amount of the bid, and in the form of a bid bond
issued by an admitted surety insurer licensed by the California Department of Insurance, cash,
cashier's check or certified check shall accompany the bid. You must either attach an electronic bid
bond or provide an original bid bond (or other form of bid security authorized by Public Contract
Code Section 20129(a)), prior to the bid opening. Bid security shall be made in favor of the County
of Fresno.
Hardcopy bid bonds shall be submitted in a sealed envelope addressed to the Department and
labeled with the name of the bidder, the name of the project and the statement "Do Not Open Until
The Time Of Bid Opening — BID BOND"
A Summary of Bids and a list of subcontractors for the apparent low bidder will be posted at the
above listed website, generally within 24 hours of the Bid Opening.
All questions regarding this project shall be in writing and shall be received by the Department of
Public Works and Planning, Design Division, no later than 2:00 P.M. on the seventh (7th) calendar
day before bid opening. Any questions received after this deadline will not receive a response
unless the Department of Public Works and Planning elects to issue an addendum to revise the bid
opening date. In the event that the bid opening date is revised, the deadline for questions will be
extended to no later than 2:00 P.M. on the seventh (7th) calendar day before the revised bid opening
date. Questions shall be submitted on the "Request for Clarification Form" provided on our website:
http://www.co.fresno.ca.us/departments/public-works-and-planning/construction-bidding-opportunities/22-21-c-
rmo-yard-area-8-fence-reconstruction
Any changes to, or clarification of, the project plans and specifications shall be in the form of a
written addendum issued to planholders of record. Questions that prompt a change or clarification
shall be included in the addendum with the subsequent answer.
Contract Number 22-21-C Notice to Bidders - 2
Any oral explanation or interpretations given to this project are not binding.
No contract will be awarded to a contractor who has not been licensed in accordance with the
provisions of the Contractors State License Law, California Business and Professions Code,
Division 3, Chapter 9, as amended, or whose bid is not on the proposal form included in the contract
document. A valid California Contractor's License, Class A (General Engineering) or C-13
(Fencing Contractor), is required for this project.
Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or
counties, in which the work is to be done have been determined by the Director of the California
Department of Industrial Relations. These wages are set forth in the General Prevailing Wage
Rates for this project, available at County of Fresno, Department of Public Works and Planning,
2220 Tulare Street, Sixth Floor, Fresno CA 93721-2104 and available from the California
Department of Industrial Relations' Internet web site at http://www.dir.ca.gov/DLSR/PWD. Future
effective general prevailing wage rates, which have been predetermined and are on file with the
California Department of Industrial Relations are referenced but not printed in the general prevailing
wage rates.
This project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
No contractor or subcontractor may be listed on a bid proposal for a public works project unless
registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with
limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
No contractor or subcontractor may be awarded a contract for public work on a public works project
unless registered with the Department of Industrial Relations pursuant to Labor Code section
1725.5.
This contract is subject to state contract nondiscrimination and compliance requirements pursuant
to Government Code, Section 12990.
The U.S. Department of Transportation (DOT) provides a toll-free "hotline" service to report bid
rigging activities. Bid rigging activities can be reported Mondays through Fridays, between 8:00 a.m.
and 5:00 p.m., Eastern Time, Telephone No. 1-800-424-9071. Anyone with knowledge of possible
bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report these
activities. The "hotline" is part of the DOT's continuing effort to identify and investigate highway
construction contract fraud and abuse and is operated under the direction of the DOT Inspector
General. All information will be treated confidentially and caller anonymity will be respected.
Bids are required for the entire work described herein. Bids will be compared on the basis of the
total lump sum bid.
The successful bidder shall furnish a faithful performance bond in the amount of 100 percent of the
contract amount and a payment bond in the amount of 100 percent of the contract amount. Each
bond specified in this Notice (bid bond, faithful performance bond and payment bond) shall meet
the requirements of all applicable statutes, including but not limited to those specified in Public
Contract Code section 20129 and Civil Code section 3248.
Each bond specified in this Notice shall be issued by a surety company designated as an admitted
surety insurer in good standing with and authorized to transact business in this state by the
California Department of Insurance, and acceptable to the County of Fresno. Bidders are cautioned
that representations made by surety companies will be verified with the California Department of
Insurance. Additionally, the County of Fresno, in its discretion, when determining the sufficiency of
a proposed surety company, may require the surety company to provide additional information
supported by documentation. The County generally requires such information and documentation
Contract Number 22-21-C Notice to Bidders - 3
whenever the proposed surety company has either a Best's Key Rating Guide of less than A and a
financial size designation of less than VIII. Provided, however, that the County expressly reserves
its right to require all information and documentation to which the County is legally entitled from any
proposed surety company.
Pursuant to Public Contract Code Section 22300, substitution of securities for any moneys withheld
by the County of Fresno to ensure performance under the contract shall be permitted.
The Board of Supervisors reserves the right to reject any or all bids.
Board of Supervisors, County of Fresno
Paul Nerland, County Administrative Officer
Bernice E. Seidel, Clerk of the Board
Issue Date: January 25, 2023
Contract Number 22-21-C Notice to Bidders -4
PROJECT: RMO YARD AREA 8 FENCE RECONSTRUCTION
CONTRACT NUMBER: 22-21-C
Bid Items and Applicable Sections
ITEM ITEM DESCRIPTION UNIT SECTION
NO
130100 JOBSITE MANAGEMENT LS 13
130300 PREPARE AND IMPLEMENT WATER POLLUTION CONTROL PLAN LS 13
150605 REMOVE AND DISPOSE EXISTING FENCE LF 15
150605 REMOVE AND DISPOSE EXISTING WOOD FENCE POST EA 15
800360 INSTALL 6' HIGH CHAINLINK FENCE WITH 3 STRANDS OF LF 80
BARBED WIRE, POSTS ON CONCRETE FOUNDATION AND
APPURTENANCES PER PLAN
800360A INSTALL 16' WIDE CHAINLINK GATE WITH 3 STRANDS OF LF 80
BARBED WIRE, POSTS ON CONCRETE FOUNDATION AND
APPURTENANCES PER PLAN
999990 MOBILIZATION LS 99
Contract Number 22-21-C Notice to Bidders - 3
Special Provisions
Contract Number 22-21-C
DIVISION I GENERAL PROVISIONS
1 GENERAL
1-1.01 GENERAL
Add to the beginning of Section 1:
The work is done in accordance with the 2015 Standard Specifications, 2015 Standard Plans and the
following special provisions.
Where these special provisions indicate to replace, add to, delete, delete from, or otherwise modify a
"section," or a portion thereof, the section or portion thereof to which such modification is to be applied is
the section or portion thereof with the corresponding numbering in the 2015 Standard Specifications.
Except to the extent that they may conflict with these special provisions, revised standard specifications
apply if included in the project details section of the book entitled "Specifications."
Revised standard plans apply if listed on the "List of Revised Standard Plans," if any, in these special
provisions; or if shown or referenced on the project plans or in the project details section of the book
entitled "Specifications."
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.
In case of conflict between applicable revised standard specifications and these special provisions, the
special provisions shall take precedence over and be used in lieu of such conflicting portions.
Add to the 1st table of section 1-1.06:
SJVAPCD San Joaquin Valley air pollution control district
AQMD air quality management district
CISS cast-in-steel shell
CSL crosshole sonic logging
GGL gamma-gamma logging
METS Caltrans Material Engineering and Testing Services
Add to section 1-1.06:
Abbreviations in the Bid Items and Applicable Sections are also used in the Bid Item List- Proposal 2.
Replace Section 1-1.07 with:
1-1.07 DEFINITIONS
1-1.07A General
Interpret terms as defined in the Contract documents.
1-1.07B Glossary
abandon: Render unserviceable in place.
acts of God: Acts of God as defined in Pub Cont Code § 7105.
activity: Task, event, or other project element on a schedule that contributes to completing the project.
An activity has a description, start date, finish date, duration, and one or more logic ties.
adjust: Raise or lower a facility to match a new grade line.
aerially deposited lead: Lead primarily from vehicle emissions deposited within unpaved areas or
formerly unpaved areas.
Authorized Facility Audit List: Caltrans-deve loped list of facilities. For the Authorized Facility Audit List,
go the METS website.
authorized laboratory: Independent testing laboratory (1) not employed or compensated by any
subcontractor or subcontractor's affiliate providing other services for the Contract and (2) authorized
by the Department.
Authorized Material List: Caltrans-developed list of authorized materials. For the Authorized Material
List go to the METS website.
Authorized Material Source List: Caltrans-developed list of authorized source materials. For the
Authorized Material Source List go to the METS website.
base: Layer of specified material of planned thickness placed immediately below the pavement or
surfacing.
basement material: Material in an excavation or embankment under the lowest layer to be placed.
bid item: Work unit for which the Bidder provides a price.
Bid Item List: List of bid items, units of measure, and the associated quantities. The verified Bid Item List
is the Bid Item List with verified prices. The Contract Proposal (Proposal 2)of Low Bidder at the
Department's website is the verified Bid Item List. After contract award, interpret a reference to the
Bid Item List as a reference to the verified Bid Item List.
borrow: Fill acquired from an excavation source outside the described cut area.
1. local borrow: Material obtained by widening cuts or excavating from sources outside the planned or
authorized cross section on the job site. The location of the local borrow is described or designated
by the Engineer.
2. imported borrow: Borrow that is not local borrow.
bridge: Structure that:
1. Has a bridge number
2. Carries a (1) utility, (2) railroad, or(3)vehicle, pedestrian, or other traffic over, under, or around
obstructions or waterways
building-construction contract: Contract that has Building Construction on the cover of the Notice to
Bidders and Special Provisions.
California Test: Caltrans-deve loped test for determining work quality. For California Tests, go to the
METS website.
Caltrans: State of California Department of Transportation
certificate of compliance: Certificate stating the material complies with the Contract.
Certified Industrial Hygienist: Industrial hygienist certified in comprehensive practice by the American
Board of Industrial Hygiene.
change order work: Work described in a Change Order, including extra work and work described in the
Contract as change order work.
closure: Closure of a traffic lane or lanes, including shoulder, ramp, or connector lanes, within a single
traffic control system.
commercial quality: Quality meeting the best general practices.
commercial source: Established business operating as a material source for the general public.
Contract: Written and executed contract between the Department and the Contractor.
Contract acceptance: Director's written acceptance of a completed Contract.
Contract time: Number of original working days as adjusted by any time adjustment.
Contractor: Person or business or its legal representative entering into a Contract with the Department
for performance of the work.
controlling activity: Construction activity that will extend the scheduled completion date if delayed.
County: The County of Fresno
critical path: Longest continuous chain of activities for the project that has the least amount of total float
of all chains. In general, a delay on the critical path extends the scheduled completion date.
critical path method: Network-based planning technique using activity durations and relationships
between activities to calculate a schedule for the entire project.
culvert: Structure other than a bridge that provides an opening under a roadway.
data date: Day after the date through which a schedule is current. Everything occurring earlier than the
data date is as-built and everything on or after the data date is planned.
day: 24 consecutive hours running from midnight to midnight; calendar day.
1. business day: Day on the calendar except a Saturday and a holiday.
2. working day: Time measure unit for work progress. A working day is any 24-consecutive-hour period
except:
2.1. Saturday and a holiday.
2.2. Day during which you cannot perform work on the controlling activity for at least 50 percent of
the scheduled work shift with at least 50 percent of the scheduled labor and equipment due to
any of the following:
2.2.1. Adverse weather-related conditions.
2.2.2. Traffic maintenance under the Contract.
2.2.3. Suspension of a controlling activity that you and the Engineer agree benefits both
parties.
2.2.4. Unanticipated event not caused by either party, such as:
2.2.4.1. Act of God
2.2.4.2. Act of a public enemy.
2.2.4.3. Epidemic.
2.2.4.4. Fire.
2.2.4.5. Flood.
2.2.4.6. Governor-declared state of emergency.
2.2.4.7. Landslide.
2.2.4.8. Quarantine restriction.
2.2.5. Issue involving a third party, including:
2.2.5.1. Industry or area-wide labor strike.
2.2.5.2. Material shortage.
2.2.5.3. Freight embargo.
2.2.5.4. Jurisdictional requirement of a law enforcement agency.
2.2.5.5. Workforce labor dispute of a utility or nonhighway facility owner resulting in
a nonhighway facility rearrangement not described and not solely for the
Contractor's convenience. Rearrangement of a nonhighway facility includes
installation, relocation, alteration, or removal of the facility.
2.3. Day during a concurrent delay.
3. original working days:
3.1. Working days to complete the work shown on the Notice to Bidders for a non-cost-plus-time-
based bid
3.2. Working days bid to complete the work for a cost-plus-time-based bid
Where working days is specified without the modifier original in the context of the number of working
days to complete the work, interpret the number as the number of original working days as adjusted
by any time adjustment.
deduction: Money permanently taken from a progress payment or the final payment. Deductions are
cumulative and are not retentions under Pub Cont Code § 7107.
delay: Event that extends the completion of an activity.
1. excusable delay: Delay caused by the Department and not reasonably foreseeable when the work
began, such as:
1.1. Change in the work
1.2. Department action that is not part of the Contract
1.3. Presence of an underground utility main not described in the Contract or in a location
substantially different from that specified
1.4. Described facility rearrangement not rearranged as described, by the utility owner by the date
specified, unless the rearrangement is solely for the Contractor's convenience
1.5. Department's failure to obtain timely access to the right-of-way
1.6. Department's failure to review a submittal or provide notification in the time specified
2. critical delay: Excusable delay that extends the scheduled completion date
3. concurrent delay: Occurrence of at least 2 of the following events in the same period of time, either
partially or entirely:
3.1. Critical delay
3.2. Delay to a controlling activity caused by you
3.3. Non—working day
Department: The Fresno County Board of Supervisors and its authorized representatives.
District Office: County of Fresno Department of Public Works and Planning
detour: Temporary route for traffic around a closed road part. A passageway through a job site is not a
detour.
Director: Department's Chairman
disadvantaged business enterprise: Disadvantaged business enterprise as defined in 49 CFR 26.5.
dispose of: Remove from the job site.
divided highway: Highway with separated traveled ways for traffic, generally in opposite directions.
Engineer: The County's Director of Public Works and Planning, acting through their authorized
designees.
early completion time: Difference in time between an early scheduled completion date and the work
completion date.
environmentally sensitive area: Area within or near construction limits where access is prohibited or
limited to protect environmental resources.
estimated cost: Estimated cost of the project as shown on the Notice to Bidders.
extra work: Any work, desired or performed, but not included in the original Contract.
federal-aid contract: Contract that has a federal-aid project number on the cover of the Specifications.
final pay item: Bid item whose quantity shown on the Bid Item List is the quantity paid.
finished grade: Final surface of the completed facility. If the work under the Contract includes stage
construction, the relation between the finished grade and the work under the Contract is shown.
fixed cost: Labor, material, or equipment cost directly incurred by the Contractor as a result of performing
or supplying a particular bid item that remains constant regardless of the item's quantity.
float: Difference between the earliest and latest allowable start or finish times for an activity.
1. Department-owned float: Time saved on the critical path by actions of the Department. It is the last
activity shown on the schedule before the scheduled completion date.
force account work: Work ordered on a construction project without an existing agreement on its cost,
and performed with the understanding that the contractor will bill the owner according to the cost of
labor, materials, and equipment, plus a certain percentage for overhead and profit.
grading plane: Basement material surface on which the lowest layer of subbase, base, pavement,
surfacing, or other specified layer is placed.
highway: Whole right-of-way or area reserved for use in constructing the roadway and its appurtenances.
holiday: Holiday shown in the following table:
Holidays
Holiday Date observed
Every Sunday Every Sunda
New Year's Day January 1st
Birthday of Martin Luther King, Jr. 3rd Monday in January
Presidents' Day 3rd Monday in February
Cesar Chavez Day March 31 st
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1st Monday in September
Veterans Day November 11th
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving Day Day after Thanksgiving Da
Christmas Day December 25th
If January 1st, March 31st, July 4th, November 11th, or December 25th fall on a Sunday, the Monday
following is a holiday. If January 1st, March 31st, July 4th, November 11th, or December 25th fall on a
Saturday, the preceding Friday is a holiday.
hours of darkness: Hours of darkness as defined in Veh Code § 280.
idle equipment: Equipment:
1. On the job site at the start of a delay
2. Idled because of the delay
3. Not operated during the delay
informal-bid contract: Contract that has Informal Bid Authorized by Pub Cont Code § 10122 on the
cover of the Notice to Bidders and Special Provisions.
job site: Area within the defined boundaries of a project.
Labor Surcharge and Equipment Rental Rates: Caltrans publication that lists labor surcharge and
equipment rental rates.
landscaping: Practice of a landscaping contractor under 16 CA Code of Regs § 832.27.
material: Any product or substance specified for use in the construction of a project.
material shortage:
1. Shortage of raw or produced material that is area-wide and caused by an unusual market condition
except if any of the following occurs:
1.1. Shortage relates to a produced, nonstandard material
1.2. Supplier's and the Contractor's priority for filling an order differs
1.3. Event outside the United States for a material produced outside the United States
2. Unavailability of water that delays a controlling activity
material source facility audit: Self-audit and a Caltrans audit evaluating a facility's capability to
consistently produce materials that comply with Caltrans standards.
median: Portion of a divided highway separating the traveled ways including inside shoulders.
milestone: Event activity that has zero duration and is typically used to represent the start or end of a
certain stage of the project.
mobilization: Preparatory work that must be performed or costs incurred before starting work on the
various items on the job site (Pub Cont Code § 10104).
modify: Add to or subtract from an appurtenant part.
narrative report: Document submitted with each schedule that discusses topics related to project
progress and scheduling.
near critical path: Chain of activities with total float exceeding that of the critical path but having not
more than 10 working days of total float.
obliterate: Place an earth cover over or root, plow, pulverize, or scarify.
Office engineer: The Director of Public Works and Planning for the County of Fresno
pavement: Uppermost layer of material placed on a traveled way or shoulder.
plans: Standard plans, revised standard plans, and project plans.
1. standard plans: Drawings standard to Department construction projects. These plans are in a
book titled Standard Plans.
2. revised standard plans: New or revised standard plans. These plans are listed in the List of
Revised Standard Plans in a book titled Specifications.
3. project plans: Drawings specific to the project, including authorized shop drawings. These plans
also include a section titled Project Details of a book titled Specifications.
plant establishment period: Number of days shown on the Notice to Bidders for plant establishment.
quality characteristic: Characteristic of a material that is measured to determine conformance with a
given requirement.
quality control plan: Contractor's plan to ensure QC.
reconstruct: Remove and disassemble and construct again at an existing or new location.
relocate: Remove and install or place in a new location.
remove: Remove and dispose of.
reset: Remove and install or place laterally at the same station location.
roadbed: Roadway portion extending from the curb line to curb line or the shoulder line to shoulder line.
A divided highway has 2 roadbeds.
roadside: Area between the outside shoulder edge and the right-of-way limits.
roadway: Portion of the highway within the outside lines of curbs, sidewalks, slopes, ditches, channels,
or waterways. A roadway includes the structures and features necessary for safety, protection of
facilities, and drainage.
salvage: Remove, clean, and haul to a specified location.
schedule:
1. baseline schedule: Initial schedule showing the original work plan starting on the date of Contract
approval. This schedule shows no completed work to date and no negative float or negative lag to
any activity.
2. revised schedule: Schedule that incorporates a proposed or past change to logic or activity
durations.
3. updated schedule: Current schedule developed from the accepted baseline and any subsequent
accepted updated or revised schedules through regular monthly review to incorporate actual past
progress.
scheduled completion date: Planned work completion date shown on the current schedule.
shoulder: Roadway portion contiguous with the traveled way for accommodation of a stopped vehicle,
emergency use, and lateral support of base and surface courses.
small tool: Tool or piece of equipment not listed in Labor Surcharge and Equipment Rental Rates that
has a replacement value of$500 or less.
specifications: Standard specifications, revised standard specifications, and special provisions.
1. standard specifications: Specifications standard to Department construction projects. These
specifications are in a book titled Standard Specifications.
2. revised standard specifications: New or revised standard specifications. These specifications
are in a section titled Revised Standard Specifications of a book titled Specifications.
3. special provisions: Specifications specific to the project. These specifications are in a section
titled Special Provisions of a book titled Specifications.
State: State of California, including its agencies, departments or divisions whose conduct or action is
related to the work.
Structure Design: Offices of Structure Design of the Department of Transportation.
subbase: Layer of material between a base and the basement material.
subgrade: Roadbed portion on which pavement, surfacing, base, subbase, or a layer of any other
material is placed.
submittal:
1. action submittal: Written and graphic information and samples that require the Department's
response.
2. informational submittal: Written information that does not require the Department's response.
substantial defects: Defects plainly seen as damaged, displaced, or missing parts or improper
functioning of materials, parts, equipment, or systems.
substructure: Bridge parts below the bridge seats, pier tops, and haunches for rigid-framed bridges or
spring lines for arched bridges; includes abutment backwalls, abutment parapets, and wingwalls.
superstructure: Bridge parts except the substructure.
supplemental project information: Information relevant to the project, specified as supplemental project
information, and made available to bidders.
surfacing: Uppermost layer of material placed on a traveled way or shoulders; pavement.
time impact analysis: Analysis using a CPM schedule developed specifically to demonstrate the effect a
proposed or past change or delay has on the current scheduled completion date.
time-scaled network diagram: Graphic depiction of a CPM schedule comprised of activity bars with
relationships for each activity represented by arrows. The tail of each arrow connects to the activity
bar for the predecessor and points to the successor.
total bid: Sum of the item totals as verified by the Department; original Contract price.
total float: Amount of time that an activity or chain of activities can be delayed before extending the
scheduled completion date.
traffic: Pedestrians, bicyclists, ridden or herded animals, vehicles, streetcars, and other conveyances
either singularly or together while using any highway for purposes of travel.
traffic lane: Portion of traveled way used for the movement of a single line of vehicles.
traveled way: Portion of the roadway for the movement of vehicles, exclusive of the shoulders, berms,
sidewalks, and parking lanes.
tunnel: Tunnel as defined in 8 CA Code of Regs § 8405 et seq.
unauthorized work: Work performed beyond the lines and grades described in the Contract or
established by the Engineer or extra work performed without Department authorization.
unsuitable material: Material encountered below the natural ground surface in embankment areas or
below the grading plane in excavation areas that the Engineer determines to be in any of the
following conditions:
1. Of such unstable nature that it cannot be compacted to the specified density using ordinary methods
at optimum moisture content.
2. Too wet to be properly compacted and cannot be dried before incorporating it into the work.
Excessive moisture alone is not sufficient cause for determining that the material is unsuitable.
3. Inappropriate for the planned use.
withhold: Money temporarily or permanently taken from a progress payment.
work: Resources and activities required for Contract acceptance, including labor, materials, equipment,
and the created product.
work plan: Detailed formulation of a program of action.
work zone: Area of a highway with construction, maintenance, or utility work activities.
1-1.08 DISTRICTS
Replace Section 1.08 with:
Not Used
Add to the end of Section 1-1.09
This project is not in a freeze-thaw area.
Replace Section 1-1.10 with:
1-1.10 PAVEMENT CLIMATE REGIONS
To help account for the effects of various climatic conditions on pavement performance, the State has
been divided into 9 climate regions. The project's pavement climate region is Inland Valley.
Replace Section 1-1.11 with:
1-1.11 WEBSITES, ADDRESSES, AND TELEPHONE NUMBERS
Websites, Addresses, and Telephone Numbers
Reference or
agency or
department unit Website Address Telephone no.
Authorized https://dot.ca.gov/program
Material Lists s/engineering=
Authorized services/authorized-
Material Source materials-lists
Lists
CA Unified
Certification https:Hdot.ca.gov/program
Program's list of s/civil-rights/dbe-search
certified DBEs
California https://dot.ca.gov/program
MUTCD s/safety- -- --
ro rams/camutcd
Data Materials Engineering and Testing
Interchange for Services Department of
Materials https://dime.dot.ca.gov/ Transportation (916)227- 5238
Engineering 5900 Folsom Blvd
Sacramento CA 95819-4612
2220 Tulare Street
Department http://www.co.fresno.ca.us Design Division—Seventh Floor (559) 600-9908
Fresno, CA 93721
Department of
Conservation, http://www.conservation.c
Office of Mine a.gov/dmr/
Reclamation
Department of
General Office of Small Business and DVBE
Services, Office https://www.dgs.ca.gov/O Services Department of General (800) 559-5529
of Small BAS Services 707 3rd St West (916) 375-4940
Business and Sacramento CA 95605-2811
DVBE Services
Department of 455 Golden Gate Ave
Industrial http://www.dir.ca.gov San Francisco CA 94102 --
Relations
Design 2220 Tulare Street Tel: (559) 600-
Services - Design Division—Seventh Floor 4241
Contract https://www.co.fresno.ca.0 Fresno, CA 93721 Fax:(559)455-
Administration, s/planholders 4609 Email:
Planholders, DesignServices(a)-
Bid Results fresnocountyca.q
ov
Division of Major Construction Payment and
Accounting, Information Unit
Office of https://dot.ca.gov/program Office of External Accounts Payable
External s/accounting Division of Accounting (916) 227-9013
Accounts Department of Transportation
Payable P.O. Box 168043
Sacramento, CA 95816-8043
Division of http://www.dot.ca.gov/hq/c
Construction onstruc/
Geotechnical Services
Geotechnical https://dot.ca.gov/program Department of Transportation (916) 227-7000
Services s/engineering-services 5900 Folsom Blvd
Sacramento, CA 95819-4612
Materials Engineering and Testing
https://dot.ca.gov/program Services
METS s/engineering-services Department of Transportation (916) 227-7000
5900 Folsom Blvd
Sacramento, CA 95819-4612
https://dot.ca.gov/program
MPQP s/construction/material- -- --
lant- ual ity-prog ram
Director of Public Works & Planning
Office Engineer __ Fresno County cn (559) 600-4078
2220 Tulare St, 8 Floor
Fresno, CA 93721
MSC 9-4/41
Offices of Documents Unit Offices of Structure
Structure Design (916) 227-0716
Design, Department of Transportation
Documents Unit 1801 30th St
Sacramento, CA 95816-7006
Publication Unit
Publication Department of Transportation
Distribution Unit 1900 Royal Oaks Dr
Sacramento, CA 95815-3800
Replace Section 1-1.12 with:
1-1.12 MISCELLANY
Make checks and bonds payable to the County of Fresno.
Replace Section 2 with:
2 BIDDING
2-1.01 GENERAL
Section 2 includes specifications related to bid eligibility and the bidding process.
2-1.02 BID INELIGIBILITY
A firm that has provided architectural or engineering services to the Department for this contract before
bid submittal for this contract is prohibited from any of the following:
1. Submitting a bid
2. Subcontracting for a part of the work
3. Supplying materials
2-1.03 CONTRACTOR REGISTRATION
No contractor or subcontractor may be listed on a bid proposal for a public works project unless
registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited
exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
2-1.04-2-1.05 RESERVED
2-1.06 BID DOCUMENTS
2-1.06A General
The Bid book includes bid forms and certifications and may be requested from Design Services and are
available online at http://www.BidExpress.com.
The Specifications includes the Notice to Bidders, revised standard specifications, project details, and
special provisions.
The Specifications, project plans, and any addenda to these documents may be accessed at Design
Services.
The Standard Specifications and Standard Plans may be purchased at the Publication Distribution Unit or
accessed online at https://www.co.fresno.ca.us/home/showpublisheddocument/58025.
2-1.06B Supplemental Project Information
The Department makes the following supplemental project information available:
Supplemental Project Information
Where Available Description
Included in Project Details • Location Map
• FID permit
• Fence Layout Map
• Chainlink Fence Detail
Included with the project plans None
Available on Design Services webpage None
If as-built drawings are available they may not show existing dimensions and conditions. Where new
construction dimensions are dependent on existing bridge dimensions, verify the field dimensions and
adjust the dimensions of the work to fit the existing conditions.
2-1.06C-2-1.06D Reserved
2-1.07 JOB SITE AND DOCUMENT EXAMINATION
Examine the job site and bid documents. Notify the Department of apparent errors and patent ambiguities
in the plans, specifications, and Bid Item List. Failure to do so may result in rejection of a bid or rescission
of an award.
Bid submission is your acknowledgment that you have examined the job site and bid documents and are
satisfied with:
1. General and local conditions to be encountered
2. Character, quality, and scope of work to be performed
3. Quantities of materials to be furnished
4. Character, quality, and quantity of surface and subsurface materials or obstacles
5. Requirements of the contract
2-1.08 RESERVED
2-1.09 BID ITEM LIST
Submit a bid based on the bid item quantities the Department shows on Bid Item List.
2-1.10 SUBCONTRACTOR LIST
On the Subcontractor List form, list each subcontractor to perform work in an amount in excess of 1/2 of 1
percent of the total bid or$10,000, whichever is greater(Pub Cont Code §4100 et seq.).
For each subcontractor listed, the Subcontractor List form must show:
1. Business name and the location of its place of business.
2. California contractor license number for a non-federal-aid contract.
3. Public works contractor registration number.
4. Portion of work it will perform. Show the portion of the work by:
4.1. Bid item numbers for the subcontracted work
4.2. Percentage of the subcontracted work for each bid item listed
4.3. Description of the subcontracted work if the percentage of the bid item listed is less than 100
percent
2-1.11 RESERVED
2-1.12-2-1.32 RESERVED
2-1.33 BID DOCUMENT COMPLETION AND SUBMITTAL
2-1.33A General
Complete forms in the Bid book.
Submit an electronic bid online at http://www.BidExpress.com (Section 2-1.33D) or submit a hardcopy bid:
1. Under sealed cover
2. Marked as a bid
3. Identifying the contract number and the bid opening date
Certain bid forms must be submitted with the bid and properly executed.
Certain other forms and information must be submitted either with the bid or within the prescribed period
after bid opening as specified elsewhere in these special provisions.
Failure to submit the forms and information as specified results in a nonresponsive bid.
If an agent other than the authorized corporation officer or a partnership member signs the bid, file a
Power of Attorney with the Department either before opening bids or with the bid. Otherwise, the bid may
be nonresponsive.
2-1.33B Bid Item List and Bid Comparison
Submit a bid based on the bid item quantities the Department shows on Proposal 2. Bids will be
evaluated and the low bidder determined as indicated in the Notice to Bidders.
Do not submit an unbalanced bid. An unbalanced is a bid is one in which one or more bid items is/are
considered by the Department to have been bid at an amount that is unreasonably high or unreasonably
low. A bid may be considered to be non-responsive and may be rejected if it is considered by the
Department to be unbalanced.
2-1.33C Bid Document Completion
Proposal items are identified by title and by the word "Proposal'followed by the number assigned to the
proposal item in question. Proposal items are included in the Bid Book.
2-1.33C(1) Proposal 1 - Proposal to the Board of Supervisors of Fresno County
2-1.33C(2) Proposal 2 - Bid Item List
One or more sheet(s) or list(s) upon which the bidder completes the bid.
Fill out completely including a unit price and total for each unit price-based item and a total for each lump
sum item.
Do not make any additions such as "plus tax", "plus freight", or conditions such as "less 2% if paid by
15th".
Use ink or typewriter for paper bids.
2-1.33C(3) Proposal 3 - Evaluation of Bid Item List
Describes how inconsistences and irregularities are evaluated and corrected when Design Services
reviews the Bid Item List.
2-1.33C(4) Proposal 4- Bid Security and Signature
Submit one of the following forms of bidder's security equal to at least 10 percent of the bid:
• Cash
• Cashier's check
• Certified check
• Signed bidder's bond by an admitted surety insurer
Indicate type of bid security provided.
• Cash—Acceptable but not recommended. Cash is deposited in a clearing account and is
returned to bidders by County warrant. This process may take several weeks.
• Cashier's or Certified Checks. This type of security is held until the bid is no longer under
consideration. If submitted by a potential awardee, they will be returned when the contract is fully
executed by the bidder and bonds and insurance have been approved.
• Bid Bonds - Must be signed by the bidder and by the attorney-in-fact for the bonding company.
Provide notarized signature of attorney-in-fact accompanied by bonding company's affidavit
authorizing attorney-in-fact to execute bonds. An unsigned bid bond will be cause for rejection.
Provide contractor's license information.
State business name and if business is a:
• Corporation - list officers
• Partnership- list partners
• Joint Venture - list members; if members are corporations or partnerships, list their officers or
partners.
• Individual - list Owner's name and firm name style
Signature of Bidder-the following lists types of companies and corresponding authorized signers.
• Corporation - by an officer
• Partnership- by a partner
• Joint Venture- by a member
• Individual - by the Owner
If signature is by a Branch Manager, Estimator, Agent, etc., the bid must be accompanied by a power of
attorney authorizing the individual to sign the bid in question or to sign bids more generally, otherwise the
bid may be rejected.
Business Address - Firm's Street Address
Mailing Address - P.O. Box or Street Address
Complete, sign, and return with bid.
2-1.33C(5) Proposal 5 - Noncollusion Declaration
Must be completed, signed, and returned with bid.
2-1.33C(6) Proposal 6 - Public Contract Code Section 10285.1 Statement
Select"has" or"has not" in accordance with instructions on form, return with completed for with bid. Note
that signing the bid constitutes signing this statement.
2-1.33C(7) Proposal 7 - Public Contract Code Section 10162 Questionnaire And Public Contract
Code 10232 Statement
Select: "yes" or"no" accordance with instructions on form, include explanation if"yes" is selected. Return
completed form with bid. Note that signing the bid constitutes signing this questionnaire and statement.
2-1.33C(8) Proposal 8(a) through Proposal 8(f) -Subcontractors
Sheet(s) or spaces where bidders list subcontractors. List each subcontractor to perform work in an
amount in excess of 1/2 of 1 percent of the total bid or$10,000, whichever is greater (Pub Cont Code §
4100 et seq.).
The Subcontractor List submitted with the bid must show the name, location of business, work portions to
be performed, and the contractor's license number for each subcontractor listed.
• Use subcontractor's business name style as registered with the License Board.
• Specify the city in which the subcontractor's business is located and the state if other than
California.
• Description of the work to be performed by the subcontractor. Indicate with bid item numbers
from the bid item list and/or work descriptions similar to those on bid item list.
• List license number and Department of Industrial Relations registration number for each
subcontractor.
Upon request from Design Services, provide the following additional information within 24 hours of bid
opening if not included on the Subcontractor List submitted with the bid:
• Complete physical address for each subcontractor listed.
• Percentage of the total bid or dollar amount associated with each subcontractor listed.
2-1.33C(9)—(16) NOT USED
2-1.33C(17) Proposal 17 - Guaranty
Does not need to be signed with the bid. Part of the contract which must be signed by the contractor
when contract is executed.
2-1.33D Electronic Bid Document Completion
Electronic versions of the bid book documents are available online at http://www.BidExpress.com, and
may be submitted through that website.
You must either attach an electronic bid bond or provide an original bid bond (or other form of bid security
authorized by Public Contract Code Section 20129(a)), prior to the bid opening.
Bidders submitting online may use one of the accepted electronic sureties (SurePath or Surety 2000)to
submit their bid bond; or may submit cash, cashier's check, certified check, or a bidder bond to Design
Services at 2220 Tulare St., Seventh Floor, Fresno, CA 93721. Those submitting bid bonds directly to
Design Services must submit their bid bond:
1. Under sealed cover
2. Marked as a bid-bond
3. Identifying the contract number and the bid opening date on the cover
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.
2-1.35-2-1.39 RESERVED
2-1.40 BID WITHDRAWAL
1. An authorized agent may withdraw a bid before the bid opening date and time by submitting a written
bid withdrawal request at the location where the bid was submitted. Withdrawing a bid does not
prevent you from submitting a new bid. An authorized agent is an individual authorized to submit a
bid.
2. After the bid opening time, you cannot withdraw a bid.
2-1.41-2-1.42 RESERVED
2-1.43 BID OPENING
The Department publicly opens and reads bids at the time and place shown on the Notice to Bidders.
2-1.44-2-1.45 RESERVED
2-1.46 DEPARTMENT'S DECISION ON BID
The Department's decision on the bid amount is final.
The Department may reject:
1. All bids
2. A nonresponsive bid
2-1.47 BID RELIEF
The Department may grant bid relief under Pub Cont Code § 5100 et seq. Submit any request for bid
relief to Design Services.
2-1.48 RESERVED
2-1.49 SUBMITTAL FAILURE HISTORY
The Department considers a bidder's past failure to submit documents required after bid opening in
determining a bidder's responsibility.
2-1.50 BID RIGGING
Section 2-1.50 applies to a federal-aid contract.
The US Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities.
Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number
is (800)424-9071. The service is available 24 hours 7 days a week and is confidential and anonymous.
The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and
abuse and is operated under the direction of the DOT Inspector General.
2-1.51 DISCLOSURE OF SELF-DEALING TRANSACTIONS
This provision is only applicable if the contractor is operating as a corporation (a for-profit or non-profit
corporation)or if during the term of this agreement, the contractor changes its status to operate as a
corporation.
Members of the contractor's Board of Directors shall disclose any self-dealing transactions that they are a
party to while contractor is providing goods or performing services under this agreement. A self-dealing
transaction shall mean a transaction to which the contractor is a party and in which one or more of its
directors has a material financial interest. Members of the Board of Directors shall disclose any self-
dealing transactions that they are a party to by completing and signing a Self-Dealing Transaction
Disclosure Form which is included in Project Details of these special provisions.
In the event that the Contractor(to whom the project is awarded) is operating as a corporation or
incorporates during the course of the construction contract, and any member of its board of directors is
engaged or intends to become engaged in self-dealing transaction(s), each member of its board of
directors who is engaged or intends to become engaged in a self-dealing transaction or transactions must
complete and submit to the County a completed Self-Dealing Transaction Disclosure Form (in Project
Details)for each such transaction prior to engaging therein or immediately thereafter.
3 CONTRACT AWARD AND EXECUTION
Replace Section 3 with:
3-1.01 GENERAL
Section 3 includes specifications related to contract award and execution.
3-1.02 CONSIDERATION OF BIDS
3-1.02A General
Bids will be compared on the basis listed in the Notice to Bidders.
3-1.0213 Tied Bids
The Department breaks a tied bid with a coin toss:
3-1.03 CONTRACTOR REGISTRATION
No contractor or subcontractor may be awarded a contract for public work on a public works project
(awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant
to Labor Code section 1725.5.
3-1.04 CONTRACT AWARD
3-1.04A BID PROTEST PROCEDURES
Any bid protest must be submitted in writing and delivered by the Bidder by either of the following means:
(1)via e-mail to Des ianServices(a�fresnocountyca.gov; or(2)via certified mail, return receipt requested to
the following address: Design Division, Department of Public Works and Planning, 2220 Tulare Street,
Sixth Floor, Fresno, CA 93721.
The bid protest must be received no later than 5:00 p.m. of the seventh (71") calendar day following
the deadline for submittal of the specific bid document(s) placed at issue by the protest. Any
Bidder filing a protest is encouraged to submit the bid protest via e-mail, because the deadline is based on
the Department's receipt of the bid protest. A bid protest accordingly may be rejected as untimely if it is
not received by the deadline, regardless of the date on which it was postmarked. The Bidder's compliance
with the following additional procedures also is mandatory:
a. The initial protest document shall contain a complete statement of the grounds for the protest,
including a detailed statement of the factual basis and any supporting legal authority.
b. The protest shall identify and address the specific portion of the document(s) forming the basis for
the protest.
c. The protest shall include the name, address and telephone number of the person representing
the protesting party.
d. The Department will provide a copy of the initial protest document and any attached
documentation to all other Bidders or proposers who appear to have a reasonable prospect of
receiving an award depending upon the outcome of the protest.
e. The Board of Supervisors will issue a decision on the protest. If the Board of Supervisors
determines that a protest is frivolous, the party originating the protest may be determined to be
irresponsible and that party may be determined to be ineligible for future contract awards.
f. The procedure and time limits set forth herein are mandatory and are the Bidder's sole and
exclusive remedy in the event of a bid protest. Failure by the Bidder to comply with these
procedures shall constitute a waiver of any right to further pursue the bid protest, including the
subsequent filing of a Government Code Claim or legal proceedings.
3-1.04B AWARD PERIOD
If the Department awards the contract, the award is made to the lowest responsible bidder within 54
calendar days after bid opening.
The Department may extend the specified award period if the Bidder agrees.
You may request to extend the award period by faxing a request to Design Services before 4:00 p.m. on
or before 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
3-1.05 CONTRACT BONDS (PUB CONT CODE §§ 10221 AND 10222)
The successful bidder must furnish 2 bonds conforming to the requirements in the Agreement of these
special provisions.
3-1.06 CONTRACTOR LICENSE
For a federal-aid contract, the Contractor must be properly licensed as a contractor from contract award
through Contract acceptance (Pub Cont Code § 10164).
For a non-federal-aid contract:
1. Contractor must be properly licensed as a contractor from bid opening through Contract acceptance
(Bus & Prof Code § 7028.15)
2. Joint venture bidders must obtain a joint venture license before contract award (Bus & Prof Code §
7029.1)
3-1.07 INSURANCE POLICIES
The successful bidder must submit copies of its insurance policies conforming to the requirements in the
Agreement of these special provisions.
3-1.08—3-1.10 RESERVED
3-1.11 PAYEE DATA RECORD
Complete and deliver to the Engineer a Payee Data Record form when requested by the Engineer.
3-1.12 RESERVED
3-1.13 FORM FHWA-1273
For a federal-aid contract, form FHWA-1273 is included with the Contract form in the documents sent to
the successful bidder for execution. Comply with its provisions. Interpret the training and promotion
section as specified in section 7-1.11A.
3-1.14-3-1.17 RESERVED
3-1.18 CONTRACT EXECUTION
The successful bidder must sign the Agreement.
Deliver to Design Services:
1. Signed Agreement including the attached form FHWA-1273
2. Contract bonds
3. Documents identified in section 3-1.07
4. For a federal-aid contract, Local Agency Bidder-DBE Information form
Design Services must receive these documents before the 10th business day after the bidder receives
the contract.
The bidder's security may be forfeited for failure to execute the contract within the time specified (Pub
Cont Code §§ 10181, 10182, and 10183).
3-1.19 BIDDERS' SECURITIES
The Department keeps the securities of the 1 st, 2nd, and 3rd low bidders until the contract has been
executed. The other bidders'securities, other than bidders' bonds, are returned upon determination of the
1st, 2nd, and 3rd low bidders, and their bidders' bonds are of no further effect(Pub Cont Code § 10184).
4 SCOPE OF WORK
Replace Section 4-1.02 with:
4-1.02 INTENT
The Contract intent is to provide for work completion using the best general practices.
Nothing in the specifications, special provisions, Standard Specifications, or in any other Contract
document voids the Contractor's public safety responsibilities.
Replace Section 4-1.07C with:
4-1.07C Reserved
Replace Section 4-1.13 with:
4-1.13 CLEANUP
Before final inspection, leave the job site neat and presentable and dispose of:
1. Rubbish
2. Excess materials
3. Falsework
4. Temporary structures
5. Equipment
Remove warning, regulatory, and guide signs when directed by the Engineer.
5 CONTROL OF WORK
Delete the 911 Paragraph of Section 5-1.01
Add the following before the last sentence in Section 5-1.02
Caltrans Standard Plans, City of Fresno Standard Drawings, and any other other-agency Standard
Drawings included in the "Project Details" section of the book entitled "Specifications" have the same
ranking as Standard Plans."
All other drawings in the "Project Details" section of the book entitled "Specifications" have the same
ranking as Project Plans.
Tables and other documents in the "Project Details" section of the book entitled "Specifications" have the
same ranking as Special Provisions. If a portion of a document in the Project Details section conflicts with
the Special Provisions, the Special Provisions shall prevail.
Replace Section 5-1.09 with:
5-1.09 RESERVED
Replace Section 5-1.12 with:
5-1.12 ASSIGNMENT
No third-party agreement relieves you or your surety of the responsibility to complete the work. Do not
sell, transfer, or otherwise dispose of any Contract part without prior written consent from the Department.
If you assign the right to receive Contract payments, the Engineer accepts the assignment upon the
Engineer's receipt of a notice. Assigned payments remain subject to deductions and withholds described
in the Contract. The Department may use withheld payments for work completion whether payments are
assigned or not.
A pending or disapproved request for assignment does not relieve you of the responsibility to commence
and pursue work timely and in strict accordance with contract documents.
Replace Section 5-1.13C with:
5-1.13C RESERVED
Replace Section 5-1.13D with:
5-1.13D RESERVED
Add the following paragraph to the end of section 5-1.16 with:
Submit Daily Log records to the Engineer weekly for the entire course of work unless the Engineer
requests another interval.
Replace Section 5-1.20B(4)with:
5-1.20B(4) Contractor—Property Owner Agreement
Before procuring material from or disposing or stockpiling of material on non-highway property:
1. Provide proof that the property where materials are to be stockpiled or equipment parked/stored
is appropriately zoned and/or permitted for the use proposed by the Contractor.
2. Obtain written authorization from each and every owner of the property where materials are to be
stockpiled or equipment parked/stored.
3. Provide proof that the signor(s)of the authorization are the owners of the property.
4. Provide an executed release from the property owner(s) absolving the Department from any and
all responsibility in connection with the stockpiling of materials or parking/storage of equipment on
said property.
5. Obtain written permission from the Engineer to stockpile materials or park/store equipment at the
location designated in said authorization.
Before Contract acceptance, submit a document signed by the owner of the material source or disposal
site stating that the Contractor has complied with the Contractor-owner agreement.
Failure by the Contractor to provide written authorization shall result in the withholding of all funds due to
the Contractor until said authorization is received by the County.
Replace Section 5-1.20C with:
5-1.20C Railroad Relations
If the Contract includes an agreement with a railroad company, the Department makes the provisions of
the agreement available in Project Details in the document titled "Railroad Relations and Insurance
Requirements." Comply with the requirements in the document.
Replace Section 5-1.23A with:
5-1.23A General
Section 5-1.23 includes specifications for action and informational submittals.
Any submittal not specified as an informational submittal is an action submittal.
Submit action and informational submittals to the Engineer. Unless otherwise specified in these
Specifications, submittals shall be provided via email in .pdf format.
Each submittal must have a cover sheet that must include:
1. Contract number
2. Project Name
3. Date
4. Submittals (and resubmittals if applicable) must be numbered sequentially
5. Structure number if applicable
6. Contractor
7. Person responsible for submitting the submittal
8. Signature of Contractor's representative sending submittal
9. Section number and/or item submittal is referencing
10. Pages of submittal, excluding cover sheet
The Department rejects a submittal if it has any error or omission.
If the last day for submitting a document falls on a Saturday or holiday, it may be submitted on the next
business day with the same effect as if it had been submitted on the day specified.
Documents must be submitted in the English language.
Convert documents to US customary units.
Replace Section 5-1.26 with:
5-1.26 CONSTRUCTION SURVEYS
The Engineer places stakes and/or marks as the Engineer determines to be necessary to establish the
lines and grades required for the work.
Submit your request for Engineer-furnished stakes:
1 Once staking area is ready for stakes
2. On a Request for Construction Stakes form
After your submittal, the Engineer starts staking within 2 working days.
Preserve stakes and marks placed by the Engineer. If the stakes or marks are destroyed, the Engineer
replaces them at the Engineer's earliest convenience and deducts the cost.
Replace Section 5-1.27E with:
5-1.27E CHANGE ORDER BILLS
Maintain separate records for change order work costs.
5-1.32 AREAS FOR USE
Occupy the highway only for purposes necessary to perform the work.
Defend, indemnify, and hold the Department harmless to the same extent as under section 7-1.05.
The Department does not allow temporary residences within the County right-of-way.
6 CONTROL OF MATERIALS
Replace section 6-1.05 with:
6-1.05 SPECIFIC BRAND OR TRADE NAME AND SUBSTITUTION
Unless substitution is expressly precluded in the special provisions, a reference to a specific brand or
trade name establishes a quality standard and is not intended to limit competition. Unless the Department
has made a public interest finding expressly authorizing sole source procurement of a particular item, you
may use a product that is equal to or better than the specified brand or trade name if authorized.
Submit a substitution request with a time period that:
1. Follows Contract award
2. Allows 30 days for review
3. Causes no delay
Include substantiating data with the substitution request that proves that substitution:
1. Causes no delay
2. Is of equal or better quality and suitability
If the special provisions disallow substitution of a particular item, provide the specified item and do not
propose substitution.
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
Replace the 2"d Paragraph of Section 7-1.02K(2) with:
The general prevailing wage rates and any applicable changes to these wage rates are available:
1. From Design Services
2. From the Department of Industrial Relations'Web site
Replace section 7-1.02K(3)with:
Keep accurate payroll records.
Submit a copy of your certified payroll records, weekly, including those of subcontractors. Include:
1. Each employee's:
1.1. Full name
1.2. Address
1.3. Social security number
1.4. Work classification
1.5. Straight time and overtime hours worked each day and week
1.6. Actual wages paid for each day to each:
1.6.1. Journeyman
1.6.2. Apprentice
1.6.3. Worker
1.6.4. Other employee you employ for the work
1.7. Pay rate
1.8. Itemized deductions made
1.9. Check number issued
1.10. Fringe Benefits
2. Apprentices and the apprentice-to-journeyman ratio
Each certified payroll record must include a Statement of Compliance form signed under penalty of
perjury that declares:
1. Information contained in the payroll record is true, correct, and complete
2. Employer has complied with the requirements of sections 1771, 1811, and 1815 for any work
performed by his or her employees on the public works project
3. Wage rates paid are at least those required by the Contract
Submitted certified payrolls for hauling and delivering ready-mixed concrete must be accompanied by a
written time record. The time record must include:
1. Truck driver's full name and address
2. Name and address of the factory or batching plant
3. Time the concrete was loaded at the factory or batching plant
4. Time the truck returned to the factory or batching plant
5. Truck driver's signature certifying under penalty of perjury that the information contained in this written
time record is true and correct
Make certified payroll records available for inspection at all reasonable hours at your main office on the
following basis:
1. Upon the employee's request or upon request of the employee's authorized representative, make
available for inspection a certified copy of the employee's payroll record.
2. Refer the public's requests for certified payroll records to the Department. Upon the public's request,
the Department makes available for inspection or furnishes copies of your certified payroll records.
Do not give the public access to the records at your main office.
Make all payroll records available for inspection and copying or furnish a copy upon request of a
representative of the:
1. Department
2. Division of Labor Standards Enforcement of the Department of Industrial Relations
3. Division of Apprenticeship Standards of the Department of Industrial Relations
Furnish the Department the location of the records. Include the street address, city, and county. Furnish
the Department a notification of a location and address change within 5 business days of the change.
Comply with a request for the records within 10 days after you receive a written request. If you do not
comply within this period, the Department withholds from progress payments a $100 penalty for each day
or part of a day for each worker until you comply. You are not assessed this penalty for a subcontractor's
failure to comply with Labor Code § 1776.
The Department withholds from progress payments for delinquent or inadequate records (Labor Code §
1771.5). If you have not submitted an adequate record by the month's 15th day for the period ending on
or before the 1 st of that month, the Department withholds up to 10 percent of the monthly progress
estimate, exclusive of mobilization. The Department does not withhold more than $10,000 or less than
$1,000.
7-1.02K(4)i Apprenticeship Requirements for non-Federal Projects
A. Pursuant to Sections 1770-1780 of the Labor Code of the State of California, the Director of
the Department of Industrial Relations has determined the general prevailing rate of wages in
the locality for each craft or type of worker needed to execute the work. Said wage rates
pursuant to Section 1773.2 of the Labor Code are on file with the Clerk to the Fresno County
Board of Supervisors, and will be made available to any interested person on request. A
copy of this wage scale may also be obtained at the following Web Site: www.dir.ca.gov/dlsr.
B. Pursuant to Section 1775 of the Labor Code of the State of California, nothing in this Article
shall prevent the employment of properly registered apprentices upon public works. Every
such apprentice shall be paid the standard wage paid to apprentices under the regulations of
the craft or trade at which he/she is employed, and shall be employed only at the work of the
craft or trade to which he/she is registered.
C. Only apprentices, as defined in Section 3077, who are in training under apprenticeship
standards and written apprentice agreements under Chapter 4 (commencing at Section
3070), Division 3, of the Labor Code, are eligible to be employed on public works. The
employment and training of each apprentice shall be in accordance with the provisions of the
apprenticeship standards and apprentice agreements under which he/she is training.
D. Fresno County is committed to increasing the availability of employment and training
opportunities, with particular attention to the plight of those who are most economically
disadvantaged. In an effort to advance that purpose, the County will require that the
Contractor and each subcontractor employed on this Project shall use their best efforts to
ensure that thirty-three percent(33%)of apprentice hours, as determined by California Labor
Code Section 1777.5 for each contractor and subcontractor of any tier on this Project, are
performed by qualified participants in state approved apprenticeship programs who also are
current or former"Welfare-to-Work" participants in the CaIWORKs program. Provided, that
nothing contained in this Paragraph D shall be interpreted to relieve or in any way diminish
the obligation of the Contractor and each subcontractor to comply fully with all applicable
apprenticeship laws in accordance with the California Labor Code and the California Code of
Regulations; and accordingly such requirements as are contractually imposed by this
Paragraph D shall be in addition to such legally mandated requirements, and applicable only
to the extent fully consistent therewith.
Add between the 9th and 10th paragraphs of section 7-1.03:
07-15-16
If a height differential of more than 0.04 foot is created by construction activities at a joint transverse to
the direction of traffic on the traveled way or a shoulder subject to public traffic, construct a temporary
taper at the joint with a slope complying with the requirements shown in the following table:
Temporary Tapers
Height differential Slope horizontal:vertical
foot Taper use of 14 da s or less Taper use of more than 14 da s
Greater than 0.08 100:1 or flatter 200:1 or flatter
0.04-0.08 70:1 or flatter 70:1 or flatter
For a taper on existing asphalt concrete or concrete pavement, construct the taper with minor HMA under
section 39-2.07.
Grind existing surfaces to accommodate a minimum taper thickness of 0.10 foot under either of the
following conditions:
1. HMA material such as rubberized HMA, polymer-modified bonded wearing course, or open-graded
friction course is unsuitable for raking to a maximum 0.02 foot thickness at the edge
2. Taper will be in place for more than 14 days
For a taper on a bridge deck or approach slab, construct the taper with polyester concrete under section
60-3.0413.
The completed surface of the taper must be uniform and must not vary more than 0.02 foot from the lower
edge of a 12-foot straightedge when placed on its surface parallel and perpendicular to traffic.
If authorized, you may use alternative materials or methods to construct the required taper.
Replace Section 7-1.04 with:
7-1.04 PUBLIC SAFETY
7-1.04A GENERAL
You are responsible to provide for public safety.
Do not construct a temporary facility that interferes with the safe passage of traffic.
Control dust resulting from the work, inside and outside the right-of-way.
Move workers, equipment, and materials without endangering traffic.
Whenever your activities create a condition hazardous to the public, furnish, erect and maintain those
fences, temporary railing, barricades, lights, signs, and other devices and take any other necessary
protective measures to prevent damage or injury to the public.
Any fences, temporary railing, barricades, lights, signs, or other devices furnished, erected and
maintained by you are in addition to those for which payment is provided elsewhere in the specifications.
Provide flaggers whenever necessary to ensure that the public is given safe guidance through the work
zone. At locations where traffic is being routed through construction under one-way controls, move your
equipment in compliance with the one-way controls unless otherwise ordered.
Use of signs, lights, flags, or other protective devices must comply with the California MUTCD and any
directions of the Engineer. Signs, lights, flags or other protective devices must not obscure the visibility of,
nor conflict in intent, meaning, and function of either existing signs, lights and traffic control devices, or
any construction area signs.
Keep existing traffic signals and highway lighting in operation. Other forces within the Department will
perform routine maintenance of these facilities during the work.
Cover signs that direct traffic to a closed area.
Install temporary illumination in a manner which the illumination and the illumination equipment does not
interfere with public safety. The installation of general roadway illumination does not relieve you from
furnishing and maintaining any protective devices.
Equipment must enter and leave the highway via existing ramps and crossovers and must move in the
direction of traffic. All movements of workmen and construction equipment on or across lanes open to
traffic must be performed in a manner that do not endanger the public. Your vehicles or other mobile
equipment leaving an open traffic lane to enter the construction area must slow down gradually in
advance of the location of the turnoff to give the traffic following an opportunity to slow down. When
leaving a work area and entering a roadway carrying traffic, your vehicles and equipment must yield to
traffic.
Immediately remove hauling spillage from a roadway lane or shoulder open to traffic. When hauling on
roadways, trim loads and remove material from shelf areas to minimize spillage.
Notify the Engineer not less than 5 days before the anticipated start of an activity that will change the
vertical or horizontal clearance available to traffic, including shoulders.
If vertical clearance is temporarily reduced to 15.5 feet or less, place low clearance warning signs in
compliance with the California MUTCD and any directions of the Engineer. Signs must comply with the
dimensions, color, and legend requirements of the California MUTCD and section 12-3.06 except that the
signs must have black letters and numbers on an orange retroreflective background. W12-2P signs must
be illuminated so that the signs are clearly visible.
Pave or provide full width continuous and cleared wood walks for pedestrian openings through falsework.
Protect pedestrians from falling objects and concrete-curing water. Extend overhead protection for
pedestrians at least 4 feet beyond the edge of the bridge deck. Illuminate all pedestrian openings through
falsework. Temporary pedestrian facilities must comply with the California MUTCD, Part 6, Chapter 6D,
"Pedestrian and Worker Safety."
Do not store vehicles, material, or equipment in a way that:
1. Creates a hazard to the public
2. Obstructs traffic control devices
Do not install or place temporary facilities used to perform the work which interfere with the free and safe
passage of traffic.
Temporary facilities that could be a hazard to public safety if improperly designed must comply with
design requirements described in the Contract for those facilities or, if none are described, with standard
design criteria or codes appropriate for the facility involved. Submit shop drawings and design
calculations for the temporary facilities and show the standard design criteria or codes used. Shop
drawings and supplemental calculations must be sealed and signed by an engineer who is registered as
a civil engineer in the State.
If you appear to be neglectful or negligent in furnishing warning devices and taking protective measures,
the Engineer may direct your attention to the existence of a hazard. You must furnish and install the
necessary warning devices. If the Engineer points out the inadequacy of warning devices and protective
measures, that action on the part of the Engineer does not relieve you from your responsibility for public
safety or abrogate your obligation to furnish and pay for these devices and measures.
Install Type K temporary railing or other authorized protective systems under any of the following
conditions:
1. Excavations: Where the near edge of the excavation is within 15 feet from the edge of an open traffic
lane
2. Temporarily unprotected permanent obstacles: When the work includes the installation of a fixed
obstacle together with a protective system, such as a sign structure together with protective railing,
and you elect to install the obstacle before installing the protective system; or you, for your
convenience and as authorized, remove a portion of an existing protective railing at an obstacle and
do not replace such railing completely the same day
3. Storage areas: When material or equipment is stored within 15 feet of the edge of an open traffic lane
and the storage is not otherwise prohibited by the Contract
4. Height differentials: When construction operations create a height differential greater than 0.15 feet
within 15 feet of the edge of traffic lane
Installation of Type K temporary railing is not required if an excavation within 15 feet from the edge of an
open traffic lane is protected by any of the following:
1. Steel plate or concrete covers of adequate thickness to prevent accidental entry by traffic or the
public
2. Side slope where the downhill slope is 4:1 (horizontal: vertical) or less unless a naturally occurring
condition
3. Barrier or railing
Offset the approach end of Type K temporary railing a minimum of 15 feet from the edge of an open
traffic lane. Install the temporary railing on a skew toward the edge of the traffic lane of not more than 1
foot transversely to 10 feet longitudinally with respect to the edge of the traffic lane. If the 15-foot
minimum offset cannot be achieved, the temporary railing must be installed on the 10 to 1 skew to obtain
the maximum available offset between the approach end of the railing and the edge of the traffic lane,
and an array of temporary crash cushion modules must be installed at the approach end of the temporary
railing.
Secure Type K temporary railing in place before starting work for which the temporary railing is required.
Where 2 or more lanes in the same direction are adjacent to the area where the work is being performed,
including shoulders, the adjacent lane must be closed under any of the following conditions:
1. Work is off the traveled way but within 6 feet of the edge of the traveled way, and the approach speed
is greater than 45 miles per hour
2. Work is off the traveled way but within 3 feet of the edge of the traveled way, and the approach speed
is less than 45 miles per hour
Closure of the adjacent traffic lane is not required when performing any of the following:
1. Working behind a barrier
2. Paving, grinding, or grooving
3. Installing, maintaining, or removing traffic control devices except Type K temporary railing
Do not reduce an open traffic lane width to less than 10 feet. When traffic cones or delineators are used
for temporary edge delineation, the side of the base of the cones or delineators nearest to traffic is
considered the edge of the traveled way.
If a traffic lane is closed with channelizers for excavation work, move the devices to the adjacent edge of
the traveled way when not excavating. Space the devices as specified for the lane closure.
Do not move or temporarily suspend anything over a traffic lane open to the public unless the public is
protected.
7-1.04B WORK ZONE SAFETY AND MOBILITY
7-1.04B(1) POLICY
In order to ensure safe and efficient flow of traffic through work zones, the County of Fresno, via its
General Plan, Transportation and Circulation Element, Policy TRA-1, has adopted the use of AASHTO
Standards as supplemented by Caltrans and County Department of Public Works and Planning
Standards.
7-1.04B(2)TRAFFIC MANAGEMENT PLAN
Perform traffic management shall be in accordance with Section 12, "TEMPORARY TRAFFIC
CONTROL,"of these special provisions.
7-1.04B(3)TEMPORARY TRAFFIC CONTROL PLAN
Prepare traffic control plan(s) in accordance with Section 12, "TEMPORARY TRAFFIC CONTROL," of
these special provisions.
7-1.04B(4)PUBLIC INFORMATION
Provide notice to public agencies and others to the extent required, if any, elsewhere in these special
provisions. The Engineer provides other noticing not identified to be performed by the Contractor.
Replace Section 7-1.06 with:
7-1.06 INSURANCE
7-1.06A General
Nothing in the Contract is intended to establish a standard of care owed to any member of the public or to
extend to the public the status of a third-party beneficiary for any of these insurance specifications.
7-1.06B Casualty Insurance
Obtain and maintain insurance on all of your operations with companies acceptable to the Department as
follows:
1. Keep all insurance in full force and effect from the start of the work through Contract acceptance.
2. All insurance must be with an insurance company with a rating from A.M. Best Financial Strength
Rating of A or better and a Financial Size Category of VIII or better.
3. Maintain completed operations coverage with a carrier acceptable to the State through the expiration
of the patent deficiency in construction statute of repose set forth in Civ Pro Code § 337.1.
7-1.06C Workers' Compensation and Employer's Liability Insurance
Under Labor Code § 1860, secure the payment of worker's compensation under Labor Code § 3700.
Submit to the Department the following certification before performing the work (Labor Code § 1861):
1 am aware of the provisions of Section 3700 of the 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 contract.
Contract signing constitutes certification submittal.
Provide Employer's Liability Insurance in amounts not less than:
1. $1,000,000 for each accident for bodily injury by accident
2. $1,000,000 policy limit for bodily injury by disease
3. $1,000,000 for each employee for bodily injury by disease
If there is an exposure of injury to your employees under the U.S. Longshoremen's and Harbor Workers'
Compensation Act, the Jones Act, or under laws, regulations, or statutes applicable to maritime
employees, coverage must be included for such injuries or claims.
7-1.06D Liability Insurance
7-1.0613(1) General
Carry General Liability and Umbrella or Excess Liability Insurance covering all operations by or on behalf
of you providing insurance for bodily injury liability and property damage liability for the following limits
and including coverage for:
1. Premises, operations and mobile equipment
2. Products and completed operations
3. Broad form property damage (including completed operations)
4. Explosion, collapse, and underground hazards
5. Personal injury
6. Contractual liability
7-1.061)(2) Liability Limits/Additional Insureds
Refer to the Agreement of these special provisions
Additional insured coverage must be provided by a policy provision or by an endorsement providing
coverage at least as broad as Additional Insured(Form B) endorsement form CG 2010, as published by
the Insurance Services Office (ISO), or other form designated by the Department.
7-1.0611)(3) Contractor's Insurance Policy is Primary
The policy must stipulate that the insurance afforded the additional insureds applies as primary insurance.
Any other insurance or self-insurance maintained by the State is excess only and must not be called upon
to contribute with this insurance.
7-1.06E Automobile Liability Insurance
Comply with requirements in the Agreement of these special provisions
7-1.06F Policy Forms, Endorsements, and Certificates
Provide your General Liability Insurance under Commercial General Liability policy form no. CG0001 as
published by the Insurance Services Office (ISO)or under a policy form at least as broad as policy form
no. CG0001.
7-1.06G NOT USED
7-1.06H Enforcement
The Department may assure your compliance with your insurance obligations. Ten days before an
insurance policy lapses or is canceled during the Contract period you must submit to the Department
evidence of renewal or replacement of the policy.
If you fail to maintain any required insurance coverage, the Department may maintain this coverage and
withhold or charge the expense to you or terminate your control of the work.
You are not relieved of your duties and responsibilities to indemnify, defend, and hold harmless the State,
its officers, agents, and employees by the Department's acceptance of insurance policies and certificates.
Minimum insurance coverage amounts do not relieve you for liability in excess of such coverage, nor do
they preclude the State from taking other actions available to it, including the withholding of funds under
this Contract.
7-1.061 Self-Insurance
Comply with the Agreement of these special provisions
Replace Section 7-1.07 with:
7-1.07 LEGAL ACTIONS AGAINST THE DEPARTMENT
7-1.07A General
If legal action is brought against the Department over compliance with a State or federal law, rule, or
regulation applicable to highway work, then:
1. If the Department in complying with a court order prohibits you from performing work, the resulting
delay is a suspension related to your performance, unless the Department terminates the Contract.
2. If a court order other than an order to show cause or the final judgment in the action prohibits the
Department from requiring you to perform work, the Department may delete the prohibited work or
terminate the Contract.
7-1.07B NOT USED
7-1.07C Claims
This section applies to non-seal coat projects which involve asphalt concrete paving. Pay for claims for
personal property damage caused by your work. Claims are limited to:
1. 10 percent of the total bid
Within 30 days of the last working day placement of hot mix asphalt, do the following:
1. Process and resolve all claims reported or submitted to you by the public as follows:
1.1. Within 3 business days of receipt of a claim, submit to the Department a copy of the claim, a
written analysis of the claim, and a statement indicating whether or not you will pay the claim. If
you reject a claim, provide the reasons for rejection in writing.
1.2. If the claimant becomes dissatisfied with your handling of the claim, immediately refer the
claimant to the local district claims office for assistance in resolving the claim.
2. Submit to the Department evidence of your paid claims.
All claims presented to the Department, (Govt Code § 900 et seq.) are processed and resolved by the
Department as follows:
1. The claims are processed as formal government claims subject to all laws and policies and are
resolved as the Department determines including referring the claim to you for handling.
2. If the Department approves settlement of a claim or is ordered to pay pursuant to a court order, the
claim is paid from funds withheld from you.
3. Within 3 business days of the Department's determination that you are responsible for resolving the
claim, the Department sends a copy of the claim to you for resolution or notifies you of the
Department's decision to resolve the claim.
The Department withholds an amount not to exceed 5 percent of the total bid to resolve all claims. The
amount is held no longer than 60 days following the last working day so that the Department has ample
time to resolve any pending claims. After 60 days, any remaining amount withheld is returned to you.
If no withheld funds remain or have been returned, the Department may pay any claims and seek
reimbursement from you through an offset or any other legal means. Any reimbursement or offset to be
recovered from you, including all other paid claims, is limited to 10 percent of the total bid.
Section 7-1.07C does not limit your obligation to defend and indemnify the Department.
Add between the 1st and 2nd paragraphs of section 7-1.11A:
Comply with 46 CFR 381.7(a)—(b).
8 PROSECUTION AND PROGRESS
Replace Section 8 with:
8-1.01 GENERAL
Section 8 includes specifications related to prosecuting the Contract and work progress.
8-1.01A Work Hours
Perform all work on working days during daytime.
You may request approval to work on a holiday or on a non-working day. If, pursuant to such request, the
Engineer authorizes you to work on a holiday or on a non-working day, you pay the actual cost incurred
by the Department to perform all inspection, surveying, testing, and all other project-related work by the
Department on such holiday or non-working day. Such payment will be deducted from monies due or
which may become due to the Contractor.
Plan work so that all construction operations performed each day, including cleanup of the project site,
establishment of appropriate traffic control and any other work necessary for the safety of the public shall
be completed within the daytime hours.
Do not perform work during nighttime unless approved by the Engineer
Request approval to work during nighttime in writing and include the appropriate traffic control plan(s) and
work plan(s)which clearly identify all provisions for illuminating all portions of the work site, including any
flagging operations.
If you fail to complete work during the daytime hours, the Engineer may stop all work upon the onset of
nighttime and order you to perform any and all work the Engineer deems necessary to ensure the safety
of the public during the nighttime hours.
You are not entitled to any additional compensation or extension of the contract time as a result of the
Engineer stopping the work due to the onset of nighttime.
8-1.02 SCHEDULE
8-1.02A General
Upon completion of all work, the Department returns the withholds associated with section 8-1.02 and
makes a payment adjustment for work not performed in the same manner as work-character changes.
8-1.02113 Level 1 Critical Path Method Schedule
8-1.02113(1) General
No pay item is provided for Level 1 Critical Path Project Schedule. Payment is considered to be included
in the various items of work.
Before or at the preconstruction conference, submit a CPM baseline schedule.
For each schedule, submit:
1. Plotted original, time-scaled network diagram on a sheet at least 8-1/2 by 11 inches with a title block
and timeline
2. A electronic copy in PDF (Adobe Acrobat compatible)format via email to the Engineer.
8-1.02B(2) Schedule Format
On each schedule, show:
1. Planned and actual start and completion dates of each work activity, including applicable:
1.1. Submittal development
1.2. Submittal review and acceptance
1.3. Material procurement
1.4. Contract milestones and constraints
1.5. Equipment and plant setup
1.6. Interfaces with outside entities
1.7. Erection and removal of falsework and shoring
1.8. Test periods
1.9. Major traffic stage change
1.10. Final cleanup
2. Order that you propose to prosecute the work
3. Logical links between the time-scaled work activities
4. All controlling activities
5. Legible description of each activity
6. At least 1 predecessor and 1 successor to each activity except for project start and project end
milestones
7. Duration of at least 1 working day for each activity
8. Start milestone date as the Contract approval date
8-1.02B(3) Updated Schedule
Submit a monthly updated schedule that includes the status of work completed to date and the work yet
to be performed as planned.
You may include changes to updated schedules that do not alter a critical path or extend the scheduled
completion date compared to the current schedule. Changes may include:
1. Adding or deleting activities
2. Changing activity constraints
3. Changing durations
4. Changing logic
If any proposed change in planned work would alter the critical path or extend the scheduled completion
date, submit a revised schedule within 15 days of the proposed change.
8-1.02C-8-1.02F Reserved
8-1.03 PRECONSTRUCTION CONFERENCE
Attend a preconstruction conference with key personnel, including your assigned representative, at a time
and location determined by the Engineer. Submit documents as required before the preconstruction
conference.
Be prepared to discuss the topics and documents shown in the following table:
Topic Document
Potential claim and dispute Potential claim forms
resolution
Contractor's representation Assignment of Contractor's representative
DBE Final utilization reports
Equipment Equipment list
Labor compliance and equal Job site posters and benefit and payroll reports
employment opportunity
Material inspection Notice of Materials to be Used form
Materials on hand Request for Payment for Materials on Hand form
Measurements Partnering --
Quality control QC plans
Safety Injury and Illness Prevention Program and job site posters
Schedule Baseline schedule and Weekly Statement of Working Days form
Subcontracting Subcontracting Request form
Surveying Surve Request form
Traffic control Traffic contingency plan and traffic control plans
Utility work Weight limitations --
Water pollution control SWPPP or WPCP
Work restrictions PLACs
Action submittals --
8-1.04 START OF JOB SITE ACTIVITIES
8-1.04A General
Provide signed contracts, bonds, and evidence of insurance timely as required.
This section, 8-1.04, "Start of Job Activities," does not modify remedies available to the Department
should you fail to provide signed contracts bonds and insurance timely.
Submit a notice 72 hours before starting job site activities. If the project has more than 1 location of work,
submit a separate notice for each location.
You may start job site activities before receiving notice of Contract approval if you:
1. Deliver the signed Contract, bonds, and evidence of insurance to the Department
2. Submit 72-hour notice
3. Are authorized by the Department to start
4. Perform work at your own risk
5. Perform work under the Contract
If the Contract is approved, work already performed that complies with the Contract is authorized.
If the Contract is not approved, leave the job site in a neat condition. If a facility has been changed,
restore it to its former condition or an equivalent condition. The Department does not pay for the
restoration.
8-1.0413 Standard Start
Be prepared to begin work at the project site no later than the 20th business day after award of the
Contract by the Department.
The Engineer may issue a notice to proceed as soon as the Contracts, including bonds and insurance
certificates, have been approved.
Start work on the day shown in the notice to proceed, unless an early start has been approved.
The Engineer may issue a notice of commencement of contract time if you fail to provide Contracts,
including bonds and insurance certificates or other required documents timely.
A notice of commencement of contract time does not authorize you to start work on the project site, but
contract time begins to elapse on the date shown in the notice of commencement of contract time.
Complete work before the expiration of
FIVE (5) WORKING DAYS
from the date shown in said Notice to Proceed, or in the Notice of Commencement of Contract Time,
whichever comes first.
Complete all work, including corrective work and punch list work, prior to the expiration of the allotted
working days. Working days continue to accrue until corrective work and punch list work is completed
and accepted.
Pay to the County of Fresno the sum of
TWO THOUSAND NINE HUNDRED DOLLARS ($2,900.00)
per day for each and every calendar day's delay in finishing the work, including corrective work and punch
list work, in excess of the total number of working days prescribed above.
8-1.05 TIME
Contract time starts on the day specified in the notice to proceed or in the notice of commencement of
contract time as described in section 8-1.04 or on the day you start job site activities, whichever occurs
first.
Complete the work within the Contract time.
Meet each specified interim work completion date.
The Engineer issues a Weekly Statement of Working Days by the end of the following week.
The Weekly Statement of Working Days shows:
1. Working days and non—working days during the reporting week
2. Time adjustments
3. Work completion date computations, including working days remaining
4. Controlling activities
8-1.06 SUSPENSIONS
The Engineer may suspend work wholly or in part due to conditions unsuitable for work progress. Provide
for public safety and a smooth and unobstructed passageway through the work zone during the
suspension as specified in sections 7-1.03 and 7-1.04. Providing the passageway is force account work.
The Department makes a time adjustment for the suspension due to a critical delay.
The Engineer may suspend work wholly or in part due to your failure to (1)fulfill the Engineer's orders, (2)
fulfill a Contract part, or(3) perform weather-dependent work when conditions are favorable so that
weather-related unsuitable conditions are avoided or do not occur. The Department may provide for a
smooth and unobstructed passageway through the work during the suspension and deduct the cost from
payments. The Department does not make a time adjustment for the suspension.
Upon the Engineer's order of suspension, suspend work immediately. Resume work when ordered.
8-1.07 DELAYS
8-1.07A General
To request a delay-related time or payment adjustment, submit an RFI.
8-1.07B Time Adjustments
The Department may make a time adjustment for a critical delay. The Engineer uses information from the
schedule to evaluate requests for time adjustments.
To request an adjustment, submit a revised schedule showing the delay's effect on the controlling activity.
If the delay has:
1. Occurred, submit records of the dates and what work was performed during the delayed activity
2. Not occurred, submit the expected dates or duration of the delayed activity
Update the schedule to the last working day before the start of the delay if ordered.
8-1.07C Payment Adjustments
The Department may make a payment adjustment for an excusable delay that affects your costs.
Only losses for idle equipment, idle workers, and moving or transporting equipment are eligible for delay-
related payment adjustments.
The Engineer determines payment for idle time of equipment in the same manner as determinations are
made for equipment used in the performance of force account work under section 9-1.04 with the
following exceptions:
1. Delay factor in the Labor Surcharge and Equipment Rental Rates applies to each equipment rental
rate.
2. Daily number of payable hours equals the normal working hours during the delay, not to exceed 8
hours per day.
3. Delay days exclude non—working days.
4. Markups are not added.
The Engineer determines payment adjustment for the idle workers under section 9-1.04B, but does not
add markups.
The Engineer includes costs due to necessary extra moving or transporting of equipment.
The Department does not make a payment adjustment for overhead incurred during non—working days of
additional construction seasons experienced because of delay.
8-1.08-8-1.09 RESERVED
8-1.10 LIQUIDATED DAMAGES
8-1.10A General
The Department specifies liquidated damages (Pub Cont Code § 10226). Liquidated damages, if any,
accrue starting on the 1 st day after the expiration of the working days through the day of Contract
acceptance except as specified in sections 8-1.10B and 8-1.10C.
The Department withholds liquidated damages before the accrual date if the anticipated liquidated
damages may exceed the value of the remaining work.
Liquidated damages are specified in section 8-1.04.
8-1.10B Failure to Complete Work Parts within Specified Times
The Department may deduct specified damages from payments for each day needed to complete a work
part in excess of the time specified for completing the work part.
Damages for untimely completion of work parts may not be equal to the daily amount specified as
liquidated damages for the project as a whole, but the Department does not simultaneously assess
damages for untimely completion of work parts and for the whole work.
Damages accrue starting the 1st day after a work part exceeds the specified time through the day the
specified work part is complete.
8-1.10C Failure to Complete Work Parts by Specified Dates
The Department may deduct specified damages from payments for each day needed to complete a work
part in excess of the specified completion date for the work part.
Damages for untimely completion of a work part may not be equal to the daily amount specified as
liquidated damages for the project as a whole, but the Department does not simultaneously assess
damages for untimely completion of a work part and the whole work.
Damages accrue starting the 1st day after an unmet completion date through the day the work part is
complete.
8-1.10D RESERVED
8-1.11-8-1.12 RESERVED
8-1.13 CONTRACTOR'S CONTROL TERMINATION
The Department may terminate your control of the work for failure to do any of the following (Pub Cont
Code § 10253):
1. Supply an adequate workforce
2. Supply material as described
3. Pay subcontractors (Pub Cont Code §10262)
4. Prosecute the work as described in the Contract
The Department may also terminate your control for failure to maintain insurance coverage.
For a federal-aid project, the Department may terminate your control of the work for failure to include
"Required Contract Provisions, Federal-Aid Construction Contracts" in subcontracts.
The Department gives notice to you and your surety at least 5 business days before terminating control.
The notice describes the failures and the time allowed to remedy the failures. If failures are not remedied
within the time provided, the Department takes control of the work.
The Department may complete the work if the Department terminates the Contractor's control or you
abandon the project(Pub Cont Code § 10255). The Department determines the unpaid balance under
Pub Cont Code § 10258 and the Contract.
At any time before final payment of all claims, the Department may convert a Contractor's control
termination to a Contract termination.
8-1.14 CONTRACT TERMINATION
8-1.14A General
The Director may terminate the Contract if it serves the State's best interest. The Department issues you
a written notice, implements the termination, and pays you.
8-1.14B Relief from Responsibility for Work
Upon receiving a termination notice:
1. Stop work
2. Notify subcontractors and suppliers of the Contract termination and stop Contract-related work
3. Perform the Engineer-ordered work to secure the job site for termination
4. Remove equipment
5. Subject to the Engineer's authorization, settle termination-related claims and liabilities involving
subcontractors and suppliers; assign to the Department the rights, titles, or interests held by you with
respect to these parties
8-1.14C Responsibility for Materials
Upon receiving a termination notice, protect unused material until:
1. You submit an inventory of materials already produced, purchased, or ordered but not yet used;
include the location of the material.
2. The Engineer identifies materials that will be retained by the Department. Submit bills of sales or
other records of material title.
3. The Engineer confirms that unused materials paid by progress payment and materials furnished by
the State have been delivered and stored as ordered.
4. The titles are transferred for materials purchased by the Department.
Dispose of materials that will not be retained by the Department.
8-1.14D Contract Acceptance after Termination
The Engineer recommends Contract acceptance after determining the completion of:
1. Work ordered to be completed before termination
2. Other work ordered to secure the project before termination
3. Material delivery and title transfer
The Department pays you under section 9-1.17.
8-1.14E Payment Adjustment for Termination
If the Department issues a termination notice, the Engineer determines the payment for termination based
on the following:
1. Direct cost for the work:
1.1. Including:
1.1.1. Mobilization.
1.1.2. Demobilization.
1.1.3. Securing the job site for termination.
1.1.4. Losses from the sale of materials.
1.2. Not including:
1.2.1. Cost of materials you keep.
1.2.2. Profit realized from the sale of materials.
1.2.3. Cost of material damaged by:
1.2.3.1. Act of God.
1.2.3.2. Act of a public enemy.
1.2.3.3. Fire.
1.2.3.4. Flood.
1.2.3.5. Governor-declared state of emergency.
1.2.3.6. Landslide.
1.2.3.7. Tsunami.
1.2.4. Other credits.
2. Cost of remedial work, as estimated by the Engineer, is not reimbursed.
3. Allowance for profit not to exceed 4 percent of the cost of the work. Prove a likelihood of having made
a profit had the Contract not been terminated.
4. Material handling costs for material returned to the vendor or disposed of as ordered.
5. Costs in determining the payment adjustment due to the termination, excluding attorney fees and
litigation costs.
Termination of the Contract does not relieve the surety of its obligation for any just claims arising out of
the work performed.
8-1.15-8-1.16 RESERVED
9 PAYMENT
Add Section 9-1.01A:
9-1.01A COMPENSATION
The bid items shown in the bid item list represent full compensation for performing all work. Full
compensation for any work for which there is no bid item shall be considered to be included in the various
items of work.
Replace Section 9-1.03 with:
9-1.03 PAYMENT SCOPE
The Department pays you for furnishing the resources and activities required to complete the work. The
Department's payment is full compensation for furnishing the resources and activities, including:
1. Risk, loss, damage repair, or cost of whatever character arising from or relating to the work and
performance of the work
2. PLACs and taxes
3. Any royalties and costs arising from patents, trademarks, and copyrights involved in the work
The Department does not pay for your loss, damage, repair, or extra costs of whatever character arising
from or relating to the work that is a direct or indirect result of your choice of construction methods,
materials, equipment, or manpower, unless specifically mandated by the Contract.
Payment is:
1. Full compensation for all work involved in each bid item shown on the Bid Item List by the unit of
measure shown for that bid item
2. For the price bid for each bid item shown on the Bid Item List or as changed by change order with a
specified price adjustment
Full compensation for work specified in divisions I, ll, and X is included in the payment for the bid items
unless:
1. Bid item for the work is shown on the Bid Item List
2. Work is specified as change order work
Work paid for under one bid item is not paid for under any other bid item.
Payment for a bid item includes payment for work in sections referenced by the section set forth by that
bid item.
Notwithstanding anything to the contrary in these special provisions, full compensation for
performing all work as shown, as specified, and as directed by the Engineer is considered to be
included in the various bid items, and no additional payment will be made, except pursuant to a
contract change order to perform work not shown and/or specified.
If one or more bid item(s) is/are not included, perform the work as shown and as specified and
payment therefor is considered to be included in the various items of work.
If an alternative is described in the Contract, the Department pays based on the bid items for the details
and specifications not described as an alternative unless the bid item is described as an alternative, in
which case, the Department pays based on the details and specifications for that alternative.
The Department pays for change order work based on one or a combination of the following:
1. Bid item prices
2. Force account
3. Agreed price
4. Specialist billing
If the Engineer chooses to pay for change order work based on an agreed price, but you and the
Engineer cannot agree on the price, the Department pays by force account.
If a portion of extra work is covered by bid items, the Department pays for this work as changed quantities
in those items. The Department pays for the remaining portion of the extra work by force account or
agreed price.
If the amount of a deduction or withhold exceeds final payment, the Department invoices you for the
difference, to be paid upon receipt.
Pay your subcontractors within 10 days of receipt of each progress payment under Pub Cont Code §§
10262 and 10262.5.
Replace Section 9-1.07 with:
9-1.07 PAYMENT ADJUSTMENTS FOR PRICE INDEX FLUCTUATIONS DOES NOT APPLY TO THIS
PROJECT
Replace Section 9-1.16F with:
9-1.16F Retentions
The Department, once in each month, shall cause an estimate in writing to be made by the Engineer.
The estimate shall include the total amount of work done and acceptable materials furnished, provided
the acceptable materials are listed as eligible for partial payment as materials in the special provisions
and are furnished and delivered by the Contractor on the ground and not used or are furnished and
stored for use on the contract, if the storage is within the State of California and the Contractor furnishes
evidence satisfactory to the Engineer that the materials are stored subject to or under the control of the
Department, to the time of the estimate, and the value thereof. The estimate shall also include any
amounts payable for mobilization. Daily extra work reports furnished by the Contractor less than 5
calendar days, not including Saturdays, Sundays and legal holidays, before the preparation of the
monthly progress estimate shall not be eligible for payment until the following month's estimate.
The amount of any material to be considered in making an estimate will in no case exceed the amount
thereof which has been reported by the Contractor to the Engineer on State-furnished forms properly
filled out and executed, including accompanying documentation as therein required, less the amount of
the material incorporated in the work to the time of the estimate. Only materials to be incorporated in the
work will be considered. The estimated value of the material established by the Engineer will in no case
exceed the contract price for the item of work for which the material is furnished.
The Department shall retain 5 percent of the estimated value of the work done and 5 percent of the value
of materials so estimated to have been furnished and delivered and unused or furnished and stored as
aforesaid as part security for the fulfillment of the contract by the Contractor. The Department will not
hold retention for mobilization or demobilization.
The Department shall pay monthly to the Contractor, while carrying on the work, the balance not retained,
as aforesaid, after deducting therefrom all previous payments and all sums to be kept or retained under
the provisions of the contract. No monthly estimate or payment shall be required to be made when, in the
judgment of the Engineer, the work is not proceeding in accordance with the provisions of the contract.
No monthly estimate or payment shall be construed to be an acceptance of any defective work or
improper materials.
Attention is directed to the prohibitions and penalties pertaining to unlicensed contractors as provided in
Business and Professions Code Sections 7028.15(a) and 7031.
Add Section 9-1.23:
9-1.23 RESOLUTION OF CONTRACT CLAIMS
Public works contract claims of three hundred seventy-five thousand dollars ($375,000)or less which arise
between a Contractor and a local public agency shall be resolved in accordance with the provisions of
California Public Contract Code Sections 20104-20104.6, inclusive. In addition, California Public Contract
Code Section 9204 requires that the procedure established therein shall apply to all claims (as therein
defined)filed by a contractor in connection with a public works project. Accordingly, this contract expressly
incorporates all of the terms and conditions of those statutory provisions, which are as follows:
California 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.
(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.
(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 his or her own behalf or on behalf of a lower tier 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.
California Public Contract Code Sections 20104—20104.6
Section 20104
(a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars
($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractor and a
public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1
(commencing with Section 10240)of Chapter 1 of Part 2.
(b)(1) "Public work" means "public works contract" as defined in Section 1101 but does not include any
work or improvement contracted for by the state or the Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for(A) a time extension, (B) payment of
money or damages arising from work done by, or on behalf of, the contractor pursuant to the
contract for a public work and payment of which is not otherwise expressly provided for or the
claimant is not otherwise entitled to, or(C) an amount the payment of which is disputed by the
local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for
any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1, 1991.
Section 20104.2
For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims
must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the
time limit or supersede notice requirements otherwise provided by contract for the filing of claims.
(b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to
any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of
receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim
the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to
this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted
to the claimant within 15 days after receipt of the further documentation or within a period of time
no greater than that taken by the claimant in producing the additional information, whichever is
greater.
(c) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims
within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any
additional documentation supporting the claim or relating to defenses to the claim the local agency may
have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to
this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted
to the claimant within 30 days after receipt of the further documentation, or within a period of time
no greater than that taken by the claimant in producing the additional information or requested
documentation, whichever is greater.
(d) If the claimant disputes the local agency's written response, or the local agency fails to respond within
the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt
of the local agency's response or within 15 days of the local agency's failure to respond within the time
prescribed, respectively, and demand an informal conference to meet and confer for settlement of the
issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within
30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant
may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing
with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those
provisions, the running of the period of time within which a claim must be filed shall be tolled from the time
the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied
as a result of the meet and confer process, including any period of time utilized by the meet and confer
process.
(f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed
to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with
Section 900) and Chapter 2 (commencing with Section 910)of Part 3 of Division 3.6 of Title 1 of the
Government Code.
Section 20104.4
The following procedures are established for all civil actions filed to resolve claims subject to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court
shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The
mediation process shall provide for the selection within 15 days by both parties of a disinterested third
person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within
15 days from the commencement of the mediation unless a time requirement is extended upon a good
cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within
the 15-day period, any party may petition the court to appoint the mediator.
(b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to
Chapter 2.5 (commencing with Section 1141.10)of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 1141.11 of that code. The Civil Discovery Act(Title 4 (commencing with Section
2016.010)of Part 4 of the Code of Civil Procedure)shall apply to any proceeding brought under this
subdivision consistent with the rules pertaining to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators
appointed for purposes of this article shall be experienced in construction law, and, upon
stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly
rates of pay not to exceed their customary rate, and such fees and expenses shall be paid
equally by the parties, except in the case of arbitration where the arbitrator, for good cause,
determines a different division. In no event shall these fees or expenses be paid by state or
county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10)of Title 3 of Part 3 of the Code
of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but
does not obtain a more favorable judgment shall, in addition to payment of costs and fees under
that chapter, pay the attorney's fees of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the mediation or
arbitration process.
Section 20104.6
(a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as
otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any
arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of
law.
Project Details
Contract Number 22-21-C
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SUPERVISOR'S
DISTRICT 5
DATE: SCALE IN MILES cc�( t DEPARTMENT OF PUBLIC WORKS & PLANNING
DESIGNED: CZ 1/13/2023
Location No. 13 AREA 8 ROAD MAINTENANCE AND OPERATIONS YARD
DRAWN: CZ 1/13/2023 0 0.1 0.2 0FENCE RECONSTRUCTION
CHECKED:
I E
9525 E. OLIVE AVE., BANGER CA 93657
E
PERMIT NO. 128-2022-005 0 PERMIT FEE: $40.00
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FID JOB NO. N/A INSPECTION FEE: $0.00
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FACILITY: East Branch & Branches No. 5 2-6 DEPOSIT: $0.00
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TOTAL: $40.00
FRESNO IRRIGATION DISTRICT
PERMIT TO INSTALL STRUCTURE
PERMITTEE: County of Fresno ISSUE DATE: 11/21/2022
ADDRESS: 2220 Tulare Street, 6th floor START DATE: 11/21/2022
Fresno, CA. 93721 COMPLETION DATE: 11/28/2022
APN: 309-290-07T LOCATION: S/W Olive and McCall avenues
PROPERTY DESCRIPTION: portion of the NE1/4 of the SE 1/4
SEC.31 T.13S S. R.22E E. M.D.B. & M.
ENCROACHMENT/STRUCTURE TYPE:
The County of Fresno to install chain-link fencing along its property line and provide gates where fencing crosses FID's R/W.
—rkL. C'�., %4%I C�.4+,tic.�vrCs) syb iet 1b �.1�'s a► see � s�yicer-1 G'w�L�'r�i�y
Permission is hereby granted by District for the construction, installation, and maintenance of the above described structure which
does or may encroach on District's canal/pipeline easement in accordance with the terms of this agreement and permit and with
the plans and specifications attached hereto.
YES ❑ NO Prior to start of work Permittee shall acquire a PERMIT TO WORK WITHIN EASEMENT AND RIGHT-OF-WAY
from the District which shall specify a date of completion and conditions for completion of the installation.
❑■ YES ❑ NO Plans and Specifications are attached.
❑■ YES ❑ NO Other Special Conditions are attached.
Permittee shall notify District of the time of commencement of work and shall cooperate in the inspection by District of all work and
material during the construction and completion of the installation.
FOR INSPECTION CONTACT THE ENGINEERING DEPARTMENT AT FID OFFICE NUMBER(559) 233-7161.
Inspection fees are assessed as follows: minimum of $125.00 per week (1 '/4 hours) or $50.00 per day ('/2 hour). If additional
inspection hours are necessary, the cost incurred will be withheld from the deposit or invoiced to the Permittee at$50.00 per half
hour.
The privilege hereby granted shall at all times be subject to the paramount right of District to the full and beneficial use and
enjoyment by District of said canal/pipeline for all purposes of District; and Permittee agrees, at its own expense, to make such
changes in its installation as may be determined by District to be necessary to avoid interference with the convenient use and
operation of said canal/pipeline by the District.
Permittee agrees, at its own expense, to install the structure as described herein, according to the plans and specifications
approved by District, and to maintain the structure in good condition and repair, and in consideration of this permit, Permittee
further agrees to indemnify the District and hold it, its officers and employees, free and harmless of, from, and against any loss,
damage, attorney's fees, or other expenses caused by said work; and free and harmless of, from and against any loss, damage,
costs, attorney's fees or expense incurred or suffered by said District because of the claims or any persons whatsoever, arising out
of said installation, presence, or maintenance of the permitted structure.
The permission herein granted is always subordinate to the rights of the underlying fee owner. The District neither makes
nor implies any warranty as to the ownership of the property upon which the structure is installed.
This Agreement shall apply to and bind the heirs, executors, administrators, successors, and assigns of District and Permittee.
FRESNO IRRIGATION DISTRICT PERMITTEE
GENERAL MANAGER/SECRETARY Sign:
ASSISTANT GENERAL MANAGER Print:
NOT VALID UNTIL SIGNED Phone:
CHIEF ENGINEER
FID Form 425 Print Form
Rev.1/6/2022
-. - Off: '�'"'"�►�`�, ��
Subject Property
East,Branch- .
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Proposed Gate IL
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Permit No. 128-2022-005
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This map was produced by the Fresno Irrigation District and is provided for reference and
Legend informational purposes only and is not intended to show map scale accuracy or all inclusive 0 270 540
dl I I I LL map features,nor for legal purposes.FID makes no statements regarding the accuracy of IFID Canal ——FID Pipeline =Stream Group FF FID Boundary Parcel this map as the features shown are in their approximate location.Please contact the FID Fet
Private Canal — Private Pipeline —Other-Creek\River FMFCD Ac uired Basins Engineering Dept at(559)233-7161 for further information on FID facilities. 1 inch=533.17 feet
lb
� Railroad �, 5
Abandoned Canal $$Abandoned Pipeline =E Other-Pipeline Streets&Hwys __FMFCD Proposed Basins Path:GSFidgls12 02 2 0 71 3 FID Mastar.mxd
Spatial Reference V1+
FR=SNO IRRIGATION DISTRICT Name:NAD 1983 St.Wlane California IV FIPS O404
FRESNO IRRIGATION DISTRICT (FID)
SPECIAL CONDITIONS
FOR
ENCROACHMENT PERMIT
Permit No. 128-2022-005
FID's East Branch No. 5
In addition to the conditions stated on the FID permit 128-2022-005, the Landowner
(County of Fresno) is subject to the additional conditions stated below:
1. Permittee agrees to compact canal bank and/or area disturbed by the Access
gates/fence installation to its original condition and further agrees to remove all
materials and debris upon completion of said installation.
2. Permittee agrees that the installation of said Access gates/fence will be
completed and the area restored to its original condition on or before February
15, 2023. Any other date of completion after February 15, 2023, will be subject to
the approval by the District engineer.
3. Permittee agrees that the installation of said Access gates/fence shall not
interfere with the flow or distribution of water or maintenance of the District's
canal.
4. Access Gates shall provide for 16 feet wide openings.
i
5. No other fence, gate, chain, cable, surface/subsurface feature or like item shall
be installed within the District's right-of-way and easement in lieu of the
installations approved herein.
6. The District shall have the right, without notice and at County of Fresno's
expense, to remove the Access gates/fence herein approved to gain access to
the canal bank/pipeline and to the full enjoyment and use of its easement(s).
t
7. Permittee shall obtain, from FID's Engineering Department, a permit to work
within the right-of-way and easement prior to the Access gates/fence being
installed (See Attached Permit 129-2022-005).
8. Permittee shall hold the District free from any damage or liability caused by
District personnel and/or vehicles during routine maintenance and operation of
the canal.
Rev. 06/02/21
9. Permittee agrees that the installation of said Access gates/fence will be exposed
to the general public and the District will have no responsibility to protect,
maintain, repair, or replace said installation.
10. Permittee acknowledges and understands that the District's permission for said
Access gates/fence or other surface uses may be withdrawn at any time by the
District if Permittee's activities or improvements interfere with the District's use of
its easement/right-of-way. Permittee shall provide for District unrestricted access
to its easement/right-of-way at all-times.
11. Permittee shall comply with all local codes and ordinances regarding the
installation and use of the Access gates/fence.
12. Permittee shall at all times maintain the Access gates/fence so as to not interfere
with the normal operation and maintenance of District facilities. Should Permittee
fail to maintain, repair, or replace the Access gates/fence, District shall have the
right (but not the obligation) to perform any maintenance necessary for District's
unhindered use of any District facilities.
13. Permittee agrees that the permission herein granted is limited to the Access
_gates/fence and said permission shall not constitute a precedent for the granting
of permission for any other encroachments upon the easement/right-of-way or
other property of District. Permittee further agrees that the permission herein
granted is not intended to diminish the rights of District in the use or maintenance
of the easement/right-of-way.
14. Permittee understands and agrees that the Access gates/fence shall not in any
way alter, modify, or terminate the District easement and/or rights-of-way to the
property.
i
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15. Violation of any term of this permit shall be cause of termination, and in such an
event, the District shall have all remedies available at law or equity, including the
right to enforce District's right to the unimpeded use of the Canal, Canal Drive
Bank(s) and/or the property.
E
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Signature: Date:
I
Print Name:
Rev. 06/02/21
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---LEGEND---
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Contour l—c/ 5cote in Feet PROJECT DEPARMEN"r OF PUBLIC WORKS A PLNXIKG
smvyereas.�S_.�,NNs.-°m=co; Nw r sire a ei- Minor C.5 .at N°^'• -o FRESNO COUNTYMAINTENANCE YARDS
EXISTINGSITESURVEYS AREA BSANGER
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Chain link Gate
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Install Chain link fence on f i
sharp grade break at
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Chain link Gate
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Note:
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FENCE ITEMS TO BE FURNISHED AND INSTALLED
O4AW O.D.GALVANIZED STEEL DRIVE GATE POST(10.79 LBIFT) 17 PROVIDE THREE(3)LINES OF 14 GAUGE,CLASS 3, 2-POINT BARBED WIRE COMPLYING WITH ASTM A121
O 2.7/8'O.D.GALVAN€ZED STEEL WALK GATE POST END,ANGLE OR INSTALL PER HOLDBACK
NS STD.A85,IONS
CORNER POST(5,79 LB1FT). 18 INSTALL GATE HOLDBACK AT LOCATIONS DIRECTED BY THE ENGINEER.
O3 2-3I8'O.D.GALVANIZED STEEL LINE POST(3.65 LBIFT). 19 GALVANIZED FORK GATE LATCH 17 21
O 2"D.D.GALVANIZED STEEL GATE FRAME(2.72 LBIFf).
20 PADLOCK PROVIDED BY FRESNO IRRIGATION DISTRICT �I'�
O 1-511Y O.D.GALVANIZED STEEL HORIZONTAL RAIL(2.27 LBIFT).
21 PROVIDE THREE(3)STRAND OUTIGGER ARM ON TOP OF ALL FENCING AND GATES )( I
O2'x 2'MESH x 9 GAUGE GALVANIZED FENCE FABRIC WITH KNUCKLED TOP AND BOTTOM OUTRIGGER ARM SHALL BE ANGLED TO THE OUTSIDE OF THE FENCED AREA
SELVAGE.FENCE FABRIC TO BE GALVANIZED BEFORE WEAVING(GBW).
(D 114'x 3I4'GALVANIZED STEEL STRETCHER BAR
n NOTES FOR FENCING AND GATES: �
V 9 GAUGE(D.148'DIA)GALVANIZED STEEL TIE WIRES OR HOG RINGS AT 15'MAXIMUM
SPACING MINIMUM OF 8 TIE WIRES PER EACH IV HORIZONTAL RAIL OR TENSION WIRE, 1, DOUBLE TRUSS RODS ARE REQUIRED IN PANELS ADJACENT TO GATE POSTS AND
3
O6 GAUGE(0.192-DIA)GALVANIZED STEEL POST CLIPS AT 14'MAXIMUM SPACING, AT ALL FENCE CORNERS AND END PANELS. I
MINIMUM.3 POST CUPS FOR EACH 4'POST,5 POST CLIPS FOR EACH 6'POST. 2 ALL GATE CORNERS AND SUPPORT POINTS SHALL BE FASTENED TOGETHER WITH
10 GALVANIZED ADJUSTABLE TURNBUCKLE FOR 3I8'DIAMETER TRUSS ROD. AND REINFORCE}WITH MALLEABLE IRON FITTINGS DESIGNED FOR THAT PURPOSE.
WELDED CONNECTIONS WILL NOT BE ALLOWED.
11 3IB'DIAMETER GALVANIZED STEEL ADJUSTABLE TRUSS ROD.TRUSS RODS REQUIRED 3 TACK WELD ALL GATE HINGES AND LATCH COLLARS TO POST.
FOR ALL GATE POST PANELS,END OR CORNER POST PANELS.
12 118'THICK GALVANIZED STEEL STRETCHER BAR TENSION BAND AT 12'MAXIMUM SPACING. 4 ALL AREAS AFFECTED BY WELDING,TRIMMED ENDS OF BOLTS,STRETCHER BARS,
MINIMUM OF 4 TENSION BANDS FOR EACH 4'POST SECTION AND 6 TENSION BANDS FOR TRUSS RODS OR ANY EXPOSED STEEL SHALL BE PAINTED(GALVANIZED)PER
FOR EACH 6'POST SECTION. CONTRACT SPECIFICATIONS-
GALVANIZED RAIL ENDS. 5 CONTRACTOR TO PROVIDE AND INSTALL GATE HOLDBACK FOR EACH GATE.
14 HEAVY DUTY MALLEABLE 180'IRON HINGE. 15 l! #
6. SEE SITE PLAN FOR THE FOLLOWING: (TyP)
15 CONCRETE FOOTING.TYPICAL. . DIMENSIONAL LAYOUT OF CHAIN LINK FENCING AND GATES II��
. DRI"E GATE WIDTHS SECTION A
t6 7 GAUGE(0.160'DIA)GALVANIZED STEEL TENSION WIRE.
A
16'WIDE DRIVE GATE __. 10'(MAX) 10 (MAX.) 19(MAX.)SPACING
(SEE NOTE 6)
21 6 17 �1 ._RAINPROOF CAP.(T YP) rI!21 7 8 21 O 8 13 A .. END,ANGLE OR
13 5 8 5 / CORNER POST
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14 a g ;.,1 (g & 7 cn
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7
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6' HIGH CHAIN LINK FENCE AND DRIVE GATE
NOT TO SCALE
SELF-DEALING TRANSACTION DISCLOSURE FORM
(1) Company Board Member Information:
Name: Date:
Job Title:
(2) Company/Agency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to)
(4) Explain why this self-dealing transaction is consistent with the requirements of Corporations
Code 5233 (a)
(5) Authorized Signature
Signature: Date:
SELF-DEALING TRANSACTION DISCLOSURE FORM INSTRUCTIONS
In order to conduct business with the County of Fresno (hereinafter referred to as "County"), members of
a contractor's board of directors (hereinafter referred to as "County Contractor"), must disclose any self-
dealing transactions that they are a party to while providing goods, performing services, or both for the
County. A self-dealing transaction is defined below:
'A self-dealing transaction means a transaction to which the corporation is a party and which one or
more of its directors has a material financial interest"
The definition above will be utilized for purposes of completing the disclosure form.
(1) Enter board member's name, job title (if applicable), and date this disclosure is being made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the County.
At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction; and
b. The nature of the material financial interest in the Corporation's transaction that the board
member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable provisions
of the Corporations Codes.
(5) Form must be signed by the board member that is involved in the self-dealing transaction
described in Sections (3) and (4).
REVISED STANDARD SPECIFICATIONS DATED
09-02-16
ORGANIZATION
Revised standard specifications 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. A date under a main-section heading is the date of the latest revision to the
section.
Each revision to the Standard Specifications begins with a revision clause that describes or introduces a
revision to the Standard Specifications. For a revision clause that describes a revision, the date on the
right above the clause is the publication date of the revision. For a revision clause that introduces a
revision, the date on the right above a revised term, phrase, clause, paragraph, or section is the
publication date of the revised term, phrase, clause, paragraph, or section. For a multiple-paragraph or
multiple-section revision, the date on the right above a paragraph or section is the publication date of the
paragraphs or sections that follow.
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.
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
DIVISION I GENERAL PROVISIONS
1 GENERAL
07-15-16
Add to the 1st table of section 1-1.06:
07-15-16
APCD air pollution control district
AQMD air quality management district
CISS cast-in-steel shell
CSL crosshole sonic logging
GGL gamma-gamma logging
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
07-15-16
Replace the paragraphs in section 7-1.021(2)with:
05-06-16
Under 2 CA Code of Regs§ 11105:
1. During the performance of this contract,the recipient, contractor, and its subcontractors shall not
deny the contract's benefits to any person on the basis of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition,genetic information, marital status,
sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran
status, nor shall they discriminate unlawfully against any employee or applicant for employment
because of race, religious creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, genetic information, marital status, sex, gender, gender identity, gender
Page 1 of 5
expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the
evaluation and treatment of employees and applicants for employment are free of such
discrimination.
2. Contractor shall comply with the provisions of the Fair Employment and Housing Act(Gov. Code, §
12900 et seq.), the regulations promulgated thereunder(Cal. Code Regs., tit. 2, § 11000 et seq.),the
provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code(Gov. Code, §§
11135-11139.5), and the regulations or standards adopted by the awarding state agency to
implement such article.
3. Contractor or recipient shall permit access by representatives of the Department of Fair Employment
and Housing and the awarding state agency upon reasonable notice at any time during the normal
business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and
all other sources of information and its facilities as said Department or Agency shall require to
ascertain compliance with this clause.
4. Recipient, contractor and its subcontractors shall give written notice of their obligations under this
clause to labor organizations with which they have a collective bargaining or other agreement.
5. The contractor shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the contract.
Under 2 CA Code of Regs§ 11122:
STANDARD CALIFORNIA NONDISCRIMINATION CONSTRUCTION CONTRACT
SPECIFICATIONS (GOV. CODE SECTION 12990)
These specifications are applicable to all state contractors and subcontractors having a construction
contract or subcontract of$5,000 or more.
1. As used in the specifications:
a. "Act" means the Fair Employment and Housing Act.
b. "Administrator"means Administrator, Office of Compliance Programs, California Department of
Fair Employment and Housing, or any person to whom the Administrator delegates authority;
2. Whenever the contractor or any subcontractor subcontracts a portion of the work, it shall include in
each subcontract of$5,000 or more the nondiscrimination clause in this contract directly or through
incorporation by reference. Any subcontract for work involving a construction trade shall also include
the Standard California Construction Contract Specifications, either directly or through incorporation
by reference.
3. The contractor shall implement the specific nondiscrimination standards provided in paragraphs 6(a)
through (e)of these specifications.
4. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom
the contractor has a collective bargaining agreement,to refer members of any group protected by the
Act shall excuse the contractor's obligations under these specifications, Government Code section
12990, or the regulations promulgated pursuant thereto.5. In order for the nonworking training hours
of apprentices and trainees to be counted, such apprentices and trainees must be employed by the
contractor during the training period, and the contractor must have made a commitment to employ the
apprentices and trainees at the completion of their training, subject to the availability of employment
opportunities.Trainees must be trained pursuant to training programs approved by the U.S.
Department of Labor or the California Department of Industrial Relations.
5. In order for the nonworking training hours of apprentices and trainees to be counted, such
apprentices and trainees must be employed by the contractor during the training period, and the
contractor must have made a commitment to employ the apprentices and trainees at the completion
of their training, subject to the availability of employment opportunities.Trainees must be trained
pursuant to training programs approved by the U.S. Department of Labor or the California
Department of Industrial Relations.
6. The contractor shall take specific actions to implement its nondiscrimination program.The evaluation
of the contractor's compliance with these specifications shall be based upon its effort to achieve
maximum results from its actions.The contractor must be able to demonstrate fully its efforts under
steps a.through e. below:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at
all sites, and at all facilities at which the contractor's employees are assigned to work. The
contractor shall specifically ensure that all foremen, superintendents, and other on-site
Page 2 of 5
supervisory personnel are aware of and carry out the contractor's obligations to maintain such
a working environment.
b. Provide written notification within seven days to the director of the DFEH when the referral
process of the union or unions with which the contractor has a collective bargaining agreement
has impeded the contractor's efforts to meet its obligations.
C. Disseminate the contractor's equal employment opportunity policy by providing notice of the
policy to unions and training, recruitment and outreach programs and requesting their
cooperation in assisting the contractor to meet its obligations; and by posting the company
policy on bulletin boards accessible to all employees at each location where construction work
is performed.
d. Ensure all personnel making management and employment decisions regarding hiring,
assignment, layoff, termination, conditions of work,training, rates of pay or other employment
decisions, including all supervisory personnel, superintendents, general foremen, on-site
foremen, etc., are aware of the contractor's equal employment opportunity policy and
obligations,and discharge their responsibilities accordingly.
e. Ensure that seniority practices,job classifications,work assignments, and other personnel
practices, do not have a discriminatory effect by continually monitoring all personnel and
employment related activities to ensure that the equal employment opportunity policy and the
contractor's obligations under these specifications are being carried out.
7. Contractors are encouraged to participate in voluntary associations that assist in fulfilling their equal
employment opportunity obligations.The efforts of a contractor association,joint contractor-union,
contractor-community, or other similar group of which the contractor is a member and participant,
may be asserted as fulfilling any one or more of its obligations under these specifications provided
that the contractor actively participates in the group, makes every effort to assure that the group has a
positive impact on equal employment opportunity in the industry, ensures that the concrete benefits of
the program are reflected in the contractor's workforce participation, and can provide access to
documentation that demonstrates the effectiveness of actions taken on behalf of the contractor.The
obligation to comply, however, is the contractor's.
8. The contractor is required to provide equal employment opportunity for all persons. Consequently, the
contractor may be in violation of the Fair Employment and Housing Act(Government Code section
12990 et seq.) if a particular group is employed in a substantially disparate manner.
9. The contractor shall not use the nondiscrimination standards to discriminate against any person
because race, religious creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, genetic information, marital status, sex, gender,gender identity, gender
expression, age, sexual orientation, or military and veteran status.
10. The contractor shall not enter into any subcontract with any person or firm decertified from state
contracts pursuant to Government Code section 12990.
11. The contractor shall carry out such sanctions and penalties for violation of these specifications and
the nondiscrimination clause, including suspension, termination and cancellation of existing
subcontracts as may be imposed or ordered pursuant to Government Code section 12990 and its
implementing regulations by the awarding agency.Any contractor who fails to carry out such
sanctions and penalties shall be in violation of these specifications and Government Code section
12990.
12. The contractor shall designate a responsible official to monitor all employment related activity to
ensure that the company equal employment opportunity policy is being carried out, to submit reports
relating to the provisions hereof as may be required by OCP and to keep records. Records shall at
least include for each employee the name, address, telephone numbers,construction trade, union
affiliation if any, employee identification number when assigned,status, (e.g., mechanic, apprentice
trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade,
rate of pay, and locations at which the work was performed. Records shall be maintained in any
easily understandable and retrievable form; however, to the degree that existing records satisfy this
requirement, contractors shall not be required to maintain separate records.
Add to the end of the 2nd sentence in the 1st paragraph of section 7-1.02K(1):
04-22-16
and hauling and delivery of ready-mixed concrete.
Page 3 of 5
Add between the 4th and 5th paragraphs of section 7-1.02K(3):
04-22-16
Submitted certified payrolls for hauling and delivering ready-mixed concrete must be accompanied by a
written time record.The time record must include:
1. Truck driver's full name and address
2. Name and address of the factory or batching plant
3. Time the concrete was loaded at the factory or batching plant
4. Time the truck returned to the factory or batching plant
5. Truck driver's signature certifying under penalty of perjury that the information contained in this written
time record is true and correct
Add between the 9th and 10th paragraphs of section 7-1.03:
07-15-16
If a height differential of more than 0.04 foot is created by construction activities at a joint transverse to
the direction of traffic on the traveled way or a shoulder subject to public traffic, construct a temporary
taper at the joint with a slope complying with the requirements shown in the following table:
Temporary Tapers
Height differential Slope(horizontal:vertical)
(foot) Taper use of 14 days or less Taper use of more than 14 days
Greater than 0.08 100:1 or flatter 200:1 or flatter
0.04-0.08 70:1 or flatter 70:1 or flatter
For a taper on existing asphalt concrete or concrete pavement, construct the taper with minor HMA under
section 39-2.07.
Grind existing surfaces to accommodate a minimum taper thickness of 0.10 foot under either of the
following conditions:
1. HMA material such as rubberized HMA, polymer-modified bonded wearing course, or open-graded
friction course is unsuitable for raking to a maximum 0.02 foot thickness at the edge
2. Taper will be in place for more than 14 days
For a taper on a bridge deck or approach slab, construct the taper with polyester concrete under section
60-3.04B.
The completed surface of the taper must be uniform and must not vary more than 0.02 foot from the lower
edge of a 12-foot straightedge when placed on its surface parallel and perpendicular to traffic.
If authorized, you may use alternative materials or methods to construct the required taper.
Replace§337.15 in the 3rd item in the list in the paragraph of section 7-1.06B with:
05-06-16
§337.1
Add between the 1st and 2nd paragraphs of section 7-1.11A:
02-12-16
Comply with 46 CFR 381.7(a)—(b).
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
Page 4 of 5
8 PROSECUTION AND PROGRESS
07-15-16
Replace the table in the 3rd paragraph of section 8-1.10A with:
07-15-16
Liquidated Damages
Total bid Liquidated damages
From over To per day
$0 $60,000 $1,400
$60,000 $200,000 $2,900
$200,000 $500,000 $3,200
$500,000 $1,000,000 $3,500
$1,000,000 $2,000,000 $4,000
$2,000,000 $5,000,000 $4,800
$5,000,000 $10,000,000 $6,800
$10,000,000 $20,000,000 $10,000
$20,000,000 $50,000,000 $13,500
$50,000,000 $100,000,000 $19,200
$100,000,000 $250,000,000 $25,300
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
9 PAYMENT
01-15-16
Replace may withhold in the 1st paragraph of section 9-1.16E(4)with:
01-15-16
withholds
Page 5 of 5
ID OOK
RMO Yard Area 8 Fence Reconstruction
BUDGET / ACCOUNT: 4510 / 7370
co
� 1856 O
FRESH Department of Public Works and Planning
CONTRACT NUMBER 22-21-C
BID BOOK TABLE OF CONTENTS
RMO YARD AREA 8 FENCE RECONSTRUCTION
CONTRACT NUMBER 22-21-C
PROPOSAL TITLE
NUMBER(S)
NOT APPLICABLE INSTRUCTIONS FOR COMPLETING THE BID BOOK
1 PROPOSAL TO THE DEPARTMENT OF PUBLIC WORKS AND
PLANNING, COUNTY OF FRESNO
2 BID ITEM LIST
3 EVALUATION OF BID ITEM LIST
4 BID SECURITY
5 NON-COLLUSION DECLARATION
6 PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
7 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE AND PUBLIC
CONTRACT CODE 10232 STATEMENT
8(A)-8(E) SUBCONTRACTORS
9 - 16 NOT USED
17 GUARANTY
INSTRUCTIONS FOR COMPLETING THE BID BOOK FOR NON-FEDERAL AID
PROJECTS
General
Complete forms in the Bid book.
Submit an electronic bid online at http://www.BidExpress.com (Section 2-1.33D)or submit a hardcopy bid:
1. Under sealed cover addressed to the Department and labeled with the name of the bidder, the name of the
project and the statement'Do Not Open Until The Time Of Bid Opening.'
2. Marked as a bid
3. Identifying the contract number and the bid opening date
Certain bid forms must be submitted with the bid and properly executed.
Certain other forms and information must be submitted either with the bid or within the prescribed period after bid
opening as specified elsewhere in these special provisions.
Failure to submit the forms and information as specified results in a nonresponsive bid.
If an agent other than the authorized corporation officer or a partnership member signs the bid, file a Power of
Attorney with the Department either before opening bids or with the bid. Otherwise, the bid may be
nonresponsive.
Bid Item List and Bid Comparison
Submit a bid based on the bid item quantities the Department shows on the Bid Item List. Bids will be evaluated
and the low bidder determined as indicated in the Notice to Bidders.
Bid Document Completion
Proposal items are identified by title and by the word "Proposal"followed by the number assigned to the proposal
item in question. Proposal items are included in the Bid Book.
Proposal to the Board of Supervisors of Fresno County—Proposal 1
Provided for information.
Bid Item List— Proposal 2
One or more sheet(s) or list(s) upon which the bidder completes the bid.
Fill out completely including a unit price and total for each unit price-based item and a total for each lump sum
item.
Do not make any additions such as "plus tax", "plus freight", or conditions such as "less 2% if paid by 15th".
Use ink or typewriter for paper bids.
Evaluation of Bid Item List—Proposal 3
Describes how inconsistences and irregularities are evaluated and corrected when Design Services reviews the
Bid Item List.
Bid Security and Signature— Proposal 4
Submit one of the following forms of bidder's security equal to at least 10 percent of the bid:
• Cash
• Cashier's check
• Certified check
INSTRUCTIONS FOR COMPLETING THE BID BOOK FOR NON-FEDERAL AID PROJECTS: Page 2 of 4
• Signed bidder's bond by an admitted surety insurer
Indicate type of bid security provided.
• Cash—Acceptable but not recommended. Cash is deposited in a clearing account and is returned to
bidders by County warrant. This process may take several weeks.
• Cashier's or Certified Checks. This type of security is held until the bid is no longer under consideration.
If submitted by a potential awardee, they will be returned when the contract is fully executed by the
bidder and bonds and insurance have been approved.
• Bid Bonds - Must be signed by the bidder and by the attorney-in-fact for the bonding company. Provide
notarized signature of attorney-in-fact accompanied by bonding company's affidavit authorizing attorney-
in-fact to execute bonds. An unsigned bid bond will be cause for rejection.
Acknowledge Addenda
Provide contractor's license information.
State business name and if business is a:
• Corporation - list officers
• Partnership - list partners
• Joint Venture- list members; if members are corporations or partnerships, list their officers or partners.
• Individual - list Owner's name and firm name style
Signature of Bidder-the following lists types of companies and corresponding authorized signers.
• Corporation - by an officer
• Partnership - by a partner
• Joint Venture- by a member
• Individual - by the Owner
If signature is by a Branch Manager, Estimator, Agent, etc., the bid must be accompanied by a power of attorney
authorizing the individual to sign the bid in question or to sign bids more generally, otherwise the bid may be
rejected.
• Business Address- Firm's Street Address
• Mailing Address- P.O. Box or Street Address
• Complete, sign, and return with bid.
Noncollusion Declaration—Proposal 5
Must be completed, signed, and returned with bid.
Public Contract Code Section 10285.1 Statement— Proposal 6
Select"has" or"has not" in accordance with instructions on form, return completed form with bid. Note that
signing the bid constitutes signing this statement.
Public Contract Code Section 10162 Questionnaire And Public Contract Code 10232 Statement—
Proposal 7
Select"yes" or"no" accordance with instructions on form, include explanation if"yes" is selected. Return
completed form with bid. Note that signing the bid constitutes signing this questionnaire and statement.
INSTRUCTIONS FOR COMPLETING THE BID BOOK FOR NON-FEDERAL AID PROJECTS: Page 3 of 4
Subcontractors— Proposal 8(a)through Proposal 8(e)
Sheet(s)or spaces where bidders list subcontractors. List each subcontractor to perform work in an amount in
excess of 1/2 of 1 percent of the total bid or$10,000, whichever is greater(Pub Cont Code §4100 et seq.).
The Subcontractor List submitted with the bid must show the name, location of business, work portions to be
performed, the contractor's license number and the public works contractor registration number issued pursuant
to Labor Code Section 1725.5, for each listed subcontractor.
• Use subcontractor's business name style as registered with the License Board.
• Specify the city in which the subcontractor's business is located and the state if other than California.
• Description of the work to be performed by the subcontractor. Indicate with bid item numbers from the
bid item list and/or work descriptions similar to those on bid item list.
• List license number for each subcontractor.
Upon request from Design Services, provide the following additional information within 24 hours of bid opening if
not included on the Subcontractor List submitted with the bid:
• Complete physical address for each subcontractor listed.
• Percentage of the total bid or dollar amount associated with each subcontractor listed.
• Department of Industrial Relations registration number.
Proposal 9 - Proposal 16 —Not Used
Guaranty - Proposal 17
This document may, but does not need to be, submitted with the bid. It is part of the contract documents and
must be separately signed and submitted by the contractor to whom the award is made, together with the
executed Agreement.
INSTRUCTIONS FOR COMPLETING THE BID BOOK FOR NON-FEDERAL AID PROJECTS: Page 4 of 4
PROPOSAL TO THE DEPARTMENT OF PUBLIC WORKS AND PLANNING
COUNTY OF FRESNO
hereinafter called the Owner
RIVIO YARD AREA 8 FENCE RECONSTRUCTION
The work embraced herein shall be done in accordance with the 2015 Standard Specifications
and with the 2015 Standard Plans, of the State of California, Department of Transportation
insofar as the same may apply and in accordance with these special provisions.
Except to the extent that they may conflict with these special provisions, revised Standard
Specifications apply to the extent included in the section entitled "Project Details" of the book
entitled "Specifications."
The undersigned, as bidder, declares that the only persons, or parties interested in this proposal
as principals are those named herein, that this proposal is made without collusion with any other
person, firm or corporation; that they have carefully examined the location of the proposed work,
the annexed proposed form of contract, and the plans therein referred to; and they propose and
agrees if this proposal is accepted, that they will contract with the Owner 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 they will take in full
payment therefor the following unit prices, to-wit:
Proposal
Contract Number 22-21-C
Fresno County Department of Public Works and Planning
Bid Item List - Proposal 2B
Contract#
22-21-C
Contract Name
RMO Yard Area 8 Fence Reconstruction
Bid Items
Item ID Quantity Unit Unit Price Total
Description
1 1 LS Is �� 5D� Is /f 5,9,0
Job Site Management
2 1 LS Is a, 500 � � c�, 500
Prepare and Implement Water Pollution Control Plan
3 1000 $ $1 Fsi000 I
FID Permit Fees
4 1850 LF $ /.00 $ `, 850
Remove And Dispose Existing Fence Along Perimeter
5 15 EA Is 30 —� Is q50
Remove And Dispose Existing Wood Fence Post
6 2271 LF Is a B —� Is 3� 5-&g I
Install 6' High Chainlink Fence With 3 Strands Of Barbed Wire, Posts on Concrete Foundation, and Appurtenances
Per Plan
7 2 EA Is 1,V 0 a Is 0,000
Install 16'Wide Chainlink Gate With 3 Strands Of Barbed Wire, Posts on Concrete Foundation and Appurtenances
Per Plan
8 1 LS Is 6.00 � Is 500
Mobilization
Bid Items Total: Is 73 3Bg
Bid Item List 2/13/2023
22-21-C Page 1 of 1
EVALUATION OF BID PROPOSAL ITEM LIST
Abbreviations used in the bid proposal sheet are identified in Section 1-1.06, "Abbreviations," of these
special provisions.
Bids are required for the entire work. Bids will be compared on the basis indicated in the Notice to
Bidders. 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 as 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 Owner'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 Owner, and that discretion will be
exercised in the manner deemed by the Owner to best protect the public interest in the prompt and
economical completion of the work. The decision of the Owner respecting the amount of a bid, or the
existence or treatment of an irregularity in a bid, shall be final.
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 Owner, within eight
(8) days not including Saturdays, Sundays and legal holidays, after the bidder has received notice of
award of the contract, the Owner, at its option, may 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 the Owner.
Proposal 3
Contract Number 22-21-C
BID SECURITY AND SIGNATURE
Accompanying this proposal is security (check one only) in amount equal to at least ten percent
(10%) of the total amount of the bid:
Bid Bond 'V( ; Certified Check ( ); Cashier's Check ( ); Cash ($ )
Bidder has and acknowledges the following addenda: I , a
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 co-
partnership, state true name of firm, also names of all individual co-partners composing firm; if
bidder or other interested person is an individual, state first and last name in full.
FIRM NAME: Yukon Fence Co-
The names of all persons interested in the foregoing proposal as principals are as follows:
�oseph bu. Ru.d�ick
Licensed in accordance with an act providing for the registration of Contractors,
Class C-13 C-13 License No. r7(Pq 187 Expires q-30 -0_0a3
DIR Registration Number 10000 1051q6
a-al -a3
Signature of Bidder Dated
NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above
together with the signature of the officer or officers authorized to sign contracts on behalf of the
corporation; if bidder is a co-partnership, the true name of the firm shall be set forth above
together with the signature of the partner or partners authorized to sign contracts on behalf of
the co-partnership: and if bidder is an individual, his signature shall be placed above. If
signature is by an agent, other than an officer of a corporation or a member of a partnership, a
Power of Attorney must be on file with the Owner prior to opening bids or submitted with the
bid; otherwise, the bid will be disregarded as irregular and unauthorized.
BUSINESS ADDRESS: 02810 Ca,e y+•, BaiCe%''_4-'Q2lJ CA 1330 8
Zip Code
MAILING ADDRESS: D,910 Cafe St-, ( al<e�-sF��d CA 93308
Zip Code
BUSINESS PHONE: ( ) 32-5` a90O FAX NUMBER: ((,61 ) 32_5 -o�4 qa
EMAIL ADDRESS Yukon race 9 gfna%/. Com
Proposal 4
Contract Number 22-21-C
co
Coin of Fresno
DEPARTMENT OF PUBLIC WORKS AND PLANNING
STEVEN E. WHITE, DIRECTOR
February 13, 2023 Contract No. 22-21-C
ADDENDUM NO. 2 to RMO Yard Area 8 Fence Reconstruction, revising the Bidding and
Contract Documents as follows:
TABLE OF CONTENTS
No changes
NOTICE TO BIDDERS
No changes
SPECIAL PROVISIONS
No changes
PROPOSAL
No changes
BID BOOK
DELETE: Bid Item List— Proposal 2A
REPLACE with: attached Bid Item List— Proposal 2B
AGREEMENT
DELETE:
Liability Insurance Requirements
For each
Aggregate for General Umbrella or
Total bid occurrence@ products/completed aggregate b excess
operation liabilit
* $1,000,000 $1,000,000 $2,000,000 $2,000,000 $5,000,000
* $1,000,000
:5 $10,000,000 $1,000,000 $2,000,000 $2,000,000 $10,000,000
* $10,000,000
* $25,000,000 $2,000,000 $2,000,000 $4,000,000 $15,000,000
* $25,000,000 $2,000,000 $2,000,000 $4,000,000 $25,000,000
Addendum No. 2 RMO YARD AREA 8 FENCE RECONSTRUCTION
Contract No. 22-21-C Page 1 of 3
REPLACE with:
Liability Insurance Requirements
For each Aggregate for General Umbrella or
occurrences roducts/com pleted operation aggregate' excess liabilityr
$1,000,000 $2,000,000 $2,000,000 $2,000,000
PROJECT DETAILS
DELETE: Fence Layout Map
REPLACE with: attached Fence Layout Map A
END OF ADDENDUM NO. 2
Addendum No. 2 RMO YARD AREA 8 FENCE RECONSTRUCTION
Contract No. 22-21-C Page 2 of 3
--------------------------------------------------------------------------------------------------------------------
Please attach this Addendum to the inside cover of the Specifications booklet. If you
have given the Bidding and Contract Documents to someone else, please forward this
Addendum.
Feb 13, 2023
Date Signed
Supervising Engineer:
FRESNO COUNTY Joseph C. Harrell, PE C80424
Department of Public Works and Planning
m/a 2220 Tulare Street, Suite 720
Fresno, CA 93721-2106
Addendum No. 2 RMO YARD AREA 8 FENCE RECONSTRUCTION
Contract No. 22-21-C Page 3 of 3
f x
co
y#
Coon of Fresno
O 5 p DEPARTMENT OF PUBLIC WORKS AND PLANNING
STEVEN E. WHITE, DIRECTOR
January 31, 2023 Contract No. 22-21-C
ADDENDUM NO. 1 to RMO Yard Area 8 Fence Reconstruction, revising the Bidding and
Contract Documents as follows:
TABLE OF CONTENTS
No changes
NOTICE TO BIDDERS
ADD:
A pre-bid conference will be held at 10:00 a.m., on February 6, 2023. A discussion
of the project will be held and the project sites will be open for examination.
Contractors should meet at the Area 8 Maintenance and Operations yard, south
of Olive in between Highland Ave and McCall Ave on 9525 E. Olive Ave. in Sanger.
Attendance at the pre-bid is not mandatory; however, the scheduled pre-bid will
be the only opportunity for prospective bidders to visit the site in the presence of
County staff, and requests for individual site visits with County staff will not be
granted.
DELETE:
2:00 P.M., (1400 hours and 00 seconds)
Tuesday, February 7, 2023
REPLACE with:
2:00 P.M., (1400 hours and 00 seconds)
Thursday, February 16, 2023
SPECIAL PROVISIONS
Section 8-1.04B Standard Start
DELETE:
Complete work before the expiration of
FIVE (5) WORKING DAYS
REPLACE with:
Complete work before the expiration of
FIFTEEN (15) WORKING DAYS
Addendum No. 1 RMO YARD AREA 8 FENCE RECONSTRUCTION
Contract No. 22-21-C Page 1 of 3
DELETE:
Pay to the County of Fresno the sum of TWO THOUSAND NINE HUNDRED
DOLLARS ($2,900.00)
REPLACE with:
Pay to the County of Fresno the sum of ONE THOUSAND FIVE HUNDRED
DOLLARS ($1,500.00)
PROPOSAL
No changes
BID BOOK
DELETE: Bid Item List— Proposal 2
REPLACE with: attached Bid Item List— Proposal 2A
AGREEMENT
No changes
PROJECT DETAILS
Fresno Irrigation District Encroachment Permit
The District engineer has approved a new date of completion of March 31, 2023.
END OF ADDENDUM NO. I
Addendum No. 1 RMO YARD AREA 8 FENCE RECONSTRUCTION
Contract No. 22-21-C Page 2 of 3
--------------------------------------------------------------------------------------------------------------------
Please attach this Addendum to the inside cover of the Specifications booklet. If you
have given the Bidding and Contract Documents to someone else, please forward this
Addendum.
Jan 31, 2023
Date Signed
Supervising Engineer:
Joseph C. Harrell, PE C80424
FRESNO COUNTY
Department of Public Works and Planning
m/a 2220 Tulare Street, Suite 720
Fresno, CA 93721-2106
Addendum No. 1 RMO YARD AREA 8 FENCE RECONSTRUCTION
Contract No. 22-21-C Page 3 of 3
To the Department of Public Works and Planning, County of Fresno:
NONCOLLUSION DECLARATION
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID*
The undersigned declares:
I am the RMO ZCFO of
(Owner, Partner, Corporate Officer (list title), Co-Venturer)
�1
1 on Fence 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 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, and has not paid, and will not pay, any person or entity for that
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 a — 16 , 2023,
at pakerxFlle/d
cit ] [state]
( gna re)
(See Title 23 United States Code Section 112; Calif Public Contract Code Section 7106)
*NOTE: Completing, signing, and returning the Non-Collusion Declaration is a required part of
the Proposal. Bidders are cautioned that making a false certification may subject the certifier
to criminal prosecution.
Proposal 5
Contract Number 22-21-C
PUBLIC CONTRACT CODE
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 check mark 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.
Proposal 6
Contract Number 22-21-C
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.
Public Contract Code 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.
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.
Proposal
Contract Number 22-21-C
BIDDER: Yukon Fence Co .
SUBCONTRACTORS:
The following named subcontractor(s) will perform with labor, or otherwise render services
to the general contractor in or about the construction of the work or improvement in an
amount in excess of one-half of one percent of the total bid presented herewith or $10,000,
whichever is greater. Each listed subcontractor's name, location of business and
description of work, and both their contractor's license number and public works contractor
registration number, issued pursuant to Section 1725.5 of the Labor Code, are REQUIRED,
by Section 4104 of the California Public Contract Code, to be submitted prior to bid
opening. (The "location of business" must specify the city in which the subcontractor's
business is located, and the state if other than California.) All other requested information
shall be submitted, either with the bid or within 24 hours after bid opening.
Please fill out as completely as possible when submitting your bid. Use subcontractor's
business name style as registered with the License Board.
FAILURE TO LIST SUBCONTRACTORS AS DIRECTED MAY RENDER THE BID NQN-
RESPONSIVE, OR MAY RESULT IN ASSESSMENT OF A PENALTY AGAINST THE
BIDDER IN ACCORDANCE WITH SECTION 4110 OF THE CALIFORNIA PUBLIC
CONTRACT CODE,
SUBCO C OR:
Business Ad s:
TOR:
Business Md C ss.
Class_Lic%ens o. DIR Reagilsotrraffon No.
Item No. or Description�o Work:
Dollar Amount OR Perc age of Total Bid
Email Address*
SUBCONTRACTOR:
Business Address:
Business ss Address:
*ss*Class License DIR Registration No
Item No. or Des ption of Work:
Am t
Dollar Am t. OR Percentage of Tota�id
Email ddress:
Proposal 8(a)
Contract Number 22-21-C
SUBCON ACTOR:
Business A ress:
Class — Li ense No. DIR Registration No
Item No. or De ription of Work:
Dollar Amount OR Percentage of Total Bid
Email Address: —� 4
SUBCONTRACTOR:
Business Address:
Class License SUBCONTRACTOR:
DIR R;#ration No.
ti
Item No, or Description of ork.
Dollar Amount OR Percent of Total Bid
Email Address:
SUBCONTRACTOR:
Business Address:
Class License No. DIR Registration No
Item No. or Description of Work:
Dollar Amount OR Percentage of Total Bid
Email Address:
SUBCONTRACTOR:
Business Address:
Class License No. NDIR Registration No.
V 10 of Work:
Item No. or Descriptio f Work:
Dollar Amount FOR Percentage of Total Bid
Email Address:
SUBCONTRA OR:
Business A dress:BC us Business
e
N s
T s
RA
A d
Class/License No. DIR Registration No
Item N . or Description of Work:
Doll Amount OR Percentage of T tal Bid
E it Address:
Proposal 8(b)
Contract Number 22-21-C
SUBCONTRACTOR:
Business Address:
Class License No. DIR Registration
Item No. or Description of Work:
Dollar Amount O Percentage oTStal Bid
Email Address:
SUBCONTRACTOR:
Business Address:
Class License No. DI Registration No
Item No. or Description of Work:
Dollar Amount OR Percentag of Total Bid
Email Address:
SUBCONTRACTOR:
Business Address:
Class License No. DIR Registratio No.
Item No. or Descripti of Work:
Dollar Amount OR Percentage of Total Bids
Email Address:
4 i
Proposal 8(c)
Contract Number 22-21-C
(This guaranty shall be executed by the successful bidder in accordance with instructions in the
special provisions. The bidder may execute the guaranty on this page at the time of submitting
his bid.)
GUARANTY
To the Owner: County of Fresno
CONTRACT NUMBER 22-21-C
The undersigned guarantees the construction and installation of the following work included in
this project:
ALL WORK
Should any of the materials or equipment prove defective or should the work as a whole prove
defective, due to faulty workmanship, material furnished or methods of installation, or should
the work or any part thereof fail to operate properly as originally intended and in accordance
with the plans and specifications, due to any of the above causes, all within twelve (12) months
after date on which this contract is accepted by the Owner, the undersigned agrees to reimburse
the Owner, upon demand, for its expenses incurred in restoring said work to the condition
contemplated in said project, including the cost of any such equipment or materials replaced
and the cost of removing and replacing any other work necessary to make such replacement or
repairs, or, upon demand by the Owner, to replace any such material and to repair said work
completely without cost to the Owner so that said work will function successfully as originally
contemplated.
The Owner shall have the unqualified option to make any needed replacement or repairs itself
or to have such replacements or repairs done by the undersigned. In the event the Owner
elects to have said work performed by the undersigned. the undersigned agrees that the repairs
shall be made and such materials as are necessary shall be furnished and installed within a
reasonable time after the receipt of demand from the Owner.
Name (Printed): Jooeioh Rudnick
Signature:
Title: 0
Date: o1-a8-d3 Contractor: ` (A0 Jq Fence Co .
Proposal — 17
Contract Number 22-21-C
AGREEMENT
THIS AGREEMENT made at Fresno, in Fresno County, California, by and between Yukon Fence Co.
hereinafter called the Contractor, and the County of Fresno hereinafter called the Owner.
WITNESSETH: That the Contractor and the Owner, for the consideration hereinafter named, agree as
follows:
ARTICLE I. The Contractor agrees to furnish all labor and materials, including tools, implements, and
appliances required, but excluding such materials as are mentioned in the specifications to be furnished
by the Owner, and to perform all the work in a good and workmanlike manner, free from any and all liens
and claims of mechanics, materialmen, teamsters, subcontractors, artisans, machinists, and laborers
required for:
RMO YARD AREA 8 FENCE RECONSTRUCTION
CONTRACT NUMBER: 22-21-C
All in strict compliance with the plans, drawings and specifications therefor prepared by the Owner, and
other contract documents relating thereto.
ARTICLE II. The Contractor and the Owner agree that the Notice to Bidders and Special Provisions,
the Wage Scale (Prevailing Wages), the Plans and Drawings, Addenda and Bulletins thereto, and the
Proposal (Bid Book) hereto attached, together with this Agreement, form the contract, and they are as
fully a part of the contract as if hereto attached or herein repeated.
All portions of the Standard Specifications of the State of California, Department of Transportation, dated
2015, which are not in conflict with this contract shall be deemed a part of the specifications as though
fully therein set forth; provided, however, that revisions to the said Standard Specifications shall apply
only to the extent, if any, included in the Project Details of these specifications or as otherwise
incorporated directly herein. No part of said specifications which is in conflict with any portion of this
agreement, or which is not actually descriptive of the work to be done thereunder, or of the manner in
which said work is to be executed, shall be considered as any part of this agreement, but shall be utterly
null and void.
ARTICLE III. The Owner agrees to pay the Contractor in current funds for the performance of the
contract the sum of SEVENTY THREE THOUSAND THREE HUNDRED AND EIGHTY EIGHT
DOLLARS AND 00/100 ($73,388.00) it being understood that said price is based upon the estimated
quantities of materials to be used as set forth in the Proposal, except where provisions are made in the
contract documents whereby the estimated quantities shall constitute the final quantity; that upon
completion of the project the final contract prices shall be revised by change order, if necessary, to reflect
the true quantities used at the stated unit price thereof as contained in the Contractor's Proposal hereto
attached. Payments on account thereof will be made as set forth in the special provisions.
ARTICLE IV. If the Contractor should be adjudged a bankrupt, or if he should make a general
assignment for the benefit of his creditors, or if a receiver should be appointed on account of his
insolvency, or if he or any of his subcontractors should persistently violate any of the provisions of the
contract, or if he should persistently or repeatedly refuse or should fail, except in cases for which
extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he
should fail to make prompt payment to subcontractors or for material or labor, or persistently disregard
laws, ordinances or the instructions of the Engineer, then the Owner may, upon certificate of the
Engineer when sufficient cause exists to justify such action, serve written notice upon the Contractor
and his surety of its intention to terminate the contract, and unless within five days after the serving of
such notice, such violations shall cease and satisfactory arrangements for correction thereof be made,
the contract shall, upon the expiration of said five days, cease and terminate.
In the event of any such termination, the Owner shall immediately serve written notice thereof upon the
surety and the Contractor, and the surety shall have the right to take over and perform the contract,
provided, however, that if the surety within ten (10) days after the serving upon it of notice of termination
does not give the Owner written notice of its intention to take over and perform the contract or does not
commence performance thereof within the ten (10) days stated above from the date of the serving of
such notice, the Owner may take over the work and prosecute the same to completion by contract or by
any other method it may deem advisable, for the account and at the expense of the Contractor, and the
Contractor and his surety shall be liable to the Owner for any excess cost occasioned the Owner thereby,
and in such event the Owner may without liability for so doing, take possession of and utilize in
completing the work such materials, appliances, plant and other property belonging to the Contractor as
may be on the site of the work and necessary therefor. In such case the Contractor shall not be entitled
to receive any further payment until the work is finished. If the unpaid balance of the contract price shall
exceed the expenses of finishing the work, including compensation for additional managerial and
administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such
unpaid balance, the Contractor shall pay the difference to the Owner. The expense incurred by the
Owner, as herein provided and damage incurred through the Contractor's default, shall be certified by
the Engineer.
ARTICLE V. To the fullest extent permitted by law with respect to any work required to be done under
this contract, the Contractor will indemnify and hold harmless the COUNTY OF FRESNO and all other
participating public agencies, whether or not said agencies are named herein, who have jurisdiction
within the areas in which the work is to be performed, and all officers and employees of the Owner, the
County, the State, the United States and said other participating agencies, from any and all costs and
expenses, attorney fees and court costs, damages, liabilities, claims and losses occurring or resulting to
COUNTY in connection with the performance, or failure to perform, by CONTRACTOR, its officers,
agents or employees under this Agreement, and from any and all costs and expenses, attorney fees and
court costs, damages, liabilities, claims and losses occurring or resulting to any person, firm or
corporation who may be injured or damaged by the performance, or failure to perform, of
CONTRACTOR, its officers, agents or employees under this Agreement. In addition, CONTRACTOR
agrees to indemnify COUNTY for Federal, State of California and/or local audit exceptions resulting from
non-compliance herein on the part of CONTRACTOR.
CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY'S request, defend the
COUNTY, its officers, agents, and employees from any and all costs and expenses, damages, liabilities,
claims, and losses occurring or resulting to COUNTY in connection with the performance, or failure to
perform, by CONTRACTOR, its officers, agents, or employees under this Agreement, and from any and
all costs and expenses, damages, liabilities, claims, and losses occurring or resulting to any person,
firm, or corporation who may be injured or damaged by the performance, or failure to perform, of
CONTRACTOR, its officers, agents, or employees under this Agreement.
The Certificate of Insurance shall be issued in duplicate, to the COUNTY OF FRESNO and all other
participating agencies, whether or not said agencies are named herein, who contribute to the cost of the
work or have jurisdiction over areas in which the work is to be performed and all officers and employees
of said agencies while acting within the course and scope of their duties and responsibilities.
In the event CONTRACTOR fails to keep in effect at all times insurance coverage as herein provided,
the COUNTY may, in addition to other remedies it may have, suspend or terminate this Agreement upon
the occurrence of such event.
All policies shall be with admitted insurers licensed to do business in the State of California. Insurance
purchased shall be purchased from companies possessing a current AM Best Company rating of A FSC
VI or better.
Without limiting the COUNTY'S right to obtain indemnification from CONTRACTOR or any third parties,
CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance
policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement
or Joint Powers Agreement (JPA) throughout the term of the Agreement:
A. Commercial General Liability
Commercial General Liability Insurance with limits not less than those shown in the following table:
Liability Insurance Reguirements
For each Aggregate for products/completed General Umbrella or excess
occurrences operation aggregateb liabilit
$1,000,000 $2,000,000 $2,000,000 $2,000,000
'Combined single limit for bodily injury and property damage.
bThis limit must apply separately to your work under this Contract.
'The umbrella or excess policy must contain a clause stating that it takes effect (drops down) in the
event the primary limits are impaired or exhausted.
This policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including
completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal
liability, or any other liability insurance deemed necessary because of the of the nature of this contract.
Such Commercial General Liability insurance shall name the County of Fresno, its officers, agents, and
employees, individually and collectively, as additional insured, but only insofar as the operations under
this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance
and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees
shall be excess only and not contributing with insurance provided under CONTRACTOR's policies
herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance
written notice given to COUNTY. CONTRACTOR shall obtain endorsements to the Commercial General
Liability insurance policy naming COUNTY as an additional insured and providing for a thirty (30) day
prior written notice of cancellation or change in terms or coverage.
Within eight (8) days from date CONTRACTOR executes this Agreement, CONTRACTOR shall provide
certificates of insurance and endorsement as stated above for all of the foregoing policies, as required
herein, to the County of Fresno or to designservices(a)_fresnocountyca.gov, stating that such insurance
coverages have been obtained and are in full force; that the County of Fresno, its officers, agents and
employees will not be responsible for an premiums on the policies; that such Commercial General
Liability insurance names the County of Fresno, its officers, agents, and employees, individually and
collectively, as additional insured, but only insofar as the operations under this Agreement are
concerned; that such coverage for additional insured shall apply as primary insurance an any other
insurance, or self- insurance shall not be cancelled or changed without a minimum of thirty (30) days
advance, written notice given to COUNTY.
CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance naming the
County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured,
but only insofar as the operations under this Agreement are concerned. Such coverage for additional
insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by
COUNTY, its officers, agents, and employees shall be excess only and not contributing with insurance
provided under CONTRACTOR'S policies herein. This insurance shall not be cancelled or changed
without a minimum or thirty (30) days advance written notice given to COUNTY.
B. Automobile Liability
Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars
($1,000,000) per accident for bodily injury and property damage. Coverage should include owned and
non-owned vehicles used in connection with this Agreement and all applicable endorsements.
C. Professional Liability
If CONTRACTOR is a licensed professional or employs professional staff, (e.g., Architect, Engineer,
Surveyor, etc.) in providing services, Professional Liability Insurance with limits of not less than One
Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate
with a provision for 3 year tail coverage.
D. Worker's Compensation
A policy of Worker's Compensation insurance as may be required by the California Labor Code.
ARTICLE VI. Contractor represents that he has secured the payment of Worker's Compensation in
compliance with the provisions of the Labor Code of the State of California and during the performance
of the work contemplated herein will continue so to comply with said provisions of said Code. Contractor
shall supply the Owner with certificates of insurance, in duplicate, evidencing that Worker's
Compensation Insurance is in effect and providing that the Owner will receive ten days notice of
cancellation. If Contractor self-insures Worker's Compensation, Certificate of Consent to Self-insure
should be provided the Owner.
ARTICLE VII. The Contractor shall forthwith furnish in duplicate, a faithful performance bond in an
amount equal to 100% of the contract price and a payment bond in an amount equal to 100% of the
contract price, both bonds to be written by a surety company acceptable to the Owner and in the form
prescribed by law.
The payment bond shall contain provisions such that if the Contractor or his subcontractors shall fail to
pay (a) amounts due under the Unemployment Insurance Code with respect to work performed under
the contract, or (b) any amounts required to be deducted, withheld and paid over to the Employment
Development Department and to the Franchise Tax Board from the wages of the employees of the
Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the surety will pay these amounts. In case suit is brought upon the
payment bond, the surety will pay a reasonable attorney's fee to be fixed by the court.
ARTICLE VIII. This project is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
Except as provided in Labor Code section 1725.5(f), no contractor or subcontractor may be listed on a
bid proposal for a public works project unless registered with the Department of Industrial Relations
pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes
only under Labor Code section 1771.1(a)].
Except as provided in Labor Code section 1725.5(f), no contractor or subcontractor may be awarded a
contract for public work on a public works project or engage in the performance of work on any public
works project unless registered with the Department of Industrial Relations pursuant to Labor Code
section 1725.5.
Contractor shall comply with all applicable laws and regulations relating to wages and employment,
including all requirements imposed by the California Department of Industrial Relations (DIR).
Contractor shall cooperate with County to furnish timely all information necessary for County's
completion of the form required to be submitted by County when registering the Project on the DIR
website; and County thereafter shall provide to Contractor the "Project ID Number" assigned by DIR in
order to facilitate Contactor's submission to DIR of its certified payrolls for the Project, in the manner
required and using such form as may be prescribed by DIR, in accordance with the provisions of Labor
Code section 1771.4(a)(3).
ARTICLE IX: Governing Law—Venue for any action arising out of or relating to this Agreement shall be
in Fresno County, California. This Agreement shall be governed by the laws of the State of California.
This Contract, 22-21-C, was awarded by the Director of Public Works and Planning on February 24,
2023. It has been reviewed by the Department of Public Works and Planning and is in proper order for
signature of the Director of Public Works and Planning.
IN WITNESS WHEREOF, they have executed this Agreement this loth day of
March 2023
LALyrL FenLe, Co. COUNTY OF FRESNO
(CONTRACTOR) (OWNER)
Digitally signed by Steve
Whit
By ` By Steve White D tee2023.03.10
13:11:13-08'00'
Steven E. White. Director
Public Works and Planning
p County of Fresno
Title I �eS�de m+
co U�
Inter office Memo
isy6
DES)
DATE: February 24, 2023
TO: Steven White, Director
FROM: Mohammad Alimi, Design Engineer
SUBJECT: Award Contract No. 22-21-C RMO Yard Area 8 Fence Reconstruction
Under the authority granted to you as the Director of Public Works and Planning to
award informal bids under Fresno County Ordinance Code 4.08.060 - Informal and
formal bidding - Award of contract, it is requested that you adopt specifications and
Award Contract 22-21-C RMO Yard Area 8 Fence Reconstruction to the low bidder,
Yukon Fence Co., 2810 Case St. Bakersfield, CA 93308, in the total amount of
$73,388.00.
This is a fence reconstruction project for the Road Maintenance and Operations Yard
in Area 8 in Sanger, CA. The project location is in District 5.
Fiscal Impact:
There is no net County cost. The project will be paid for through the Department Road
Fund Org 45104514.
Director's allowance for change orders: $7,338.80
Anticipated construction cost: $80,726.80
Project:
The work to be done consists, in general, of the reconstruction of the fence and two
access gates surrounding the Area 8 Maintenance and Operations yard, which is
south of Olive and in between Highland Ave and McCall Ave on 9525 E. Olive Ave. in
Sanger. Prior to the installation of the chain link fence, existing fence and wood fence
posts need to be removed and disposed of. The existing fence consists of barbed wire
on wood with most areas on metal posts. The 2 access gates will need to provide for
16 feet wide openings. The chain link fence will be 6 feet tall with barbed wire along
the top.
Specifications were prepared by the Department's Design Division. It is anticipated
that the project will begin construction in March 2023. Work must be completed by
March 31 st per Fresno Irrigation District Permit.
Bidding:
Bid opening: February 16, 2023
Bids received: 3; 2 hardcopy, 1 electronic
The low bid of $73,388.00, from Yukon Fence Co., was $25,226 or 25.6% lower than
the engineer's estimate of$98,614. The project was advertised on January 25, 2023.
A list of bidders and their respective bid amounts is shown below:
Bidder Bid Amount
Yukon Fence Co. $73,388.00
AJ Excavation, Inc. $114,259.00
Fresno Fence Connection $117,993.00
The bid from Yukon Fence Co. did not include Proposal 4, which is the Bid Security
and Signature page. After correspondence with County Counsel, staff recommends
these irregularities will be waived.
Upon your signature below, the project will be awarded and Design staff will proceed
with noticing the contractor, and requesting bonds and insurance and a signed
contract. Once these items are received and reviewed by staff, the final contract will
be forwarded to you for execution.
-----------------------------------------------------------------------------------------------------------------
Under the authority granted to me as the Director of Public Works and Planning to
award informal bids under Fresno County Ordinance Code 4.08.060 - Informal and
formal bidding - Award of contract, I hereby adopt specifications, waive the
irregularities as immaterial, and award Contract 22-21-C RMO Yard Area 8 Fence
Reconstruction to the low bidder, Yukon Fence Co., 2810 Case St. Bakersfield, CA
93308, in the total amount of$73,388.00.
Steve /V/Y/fig Feb 24, 2023
Steve White(Feb 24,2023 15:01 PST)
Steven E. White, Director Date
Cc: Mandeep Sekhon, Construction Engineer
Lemuel Asprec, Business Manager