contract documents for: woodman creek …...woodman creek barrier removal project 11/02/2017...

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Woodman Creek Barrier Removal Project 11/02/2017 Contract Documents California Trout, Inc. California Trout Inc. 651 11 th St • Arcata, CA 95521 707-825-0420 / www.caltrout.org Contract Documents for: WOODMAN CREEK BARRIER REMOVAL PROJECT, NORTHWESTERN PACIFIC RAILROAD MILE POST 171.49 Prepared by: Pacific Watershed Associates, Inc. PO Box 4433, Arcata, CA 95518-4433 [email protected] / (707) 839-5130 Michael Love & Associates, Inc. PO Box 4477, Arcata CA 95518 [email protected]/ (707) 822-2411 Prepared for: Darren Mierau – North Coast Director California Trout North Coast Region 615 11th Street, Arcata, CA 95521 [email protected] (707) 825-0420

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Page 1: Contract Documents for: WOODMAN CREEK …...Woodman Creek Barrier Removal Project 11/02/2017 Contract Documents California Trout, Inc. California Trout Inc. 651 11th St • Arcata,

Woodman Creek Barrier Removal Project 11/02/2017 Contract Documents California Trout, Inc.

California Trout Inc.

651 11th St • Arcata, CA 95521 707-825-0420 / www.caltrout.org

Contract Documents for: WOODMAN CREEK BARRIER

REMOVAL PROJECT, NORTHWESTERN PACIFIC

RAILROAD MILE POST 171.49

Prepared by: Pacific Watershed Associates, Inc.

PO Box 4433, Arcata, CA 95518-4433 [email protected] / (707) 839-5130

Michael Love & Associates, Inc. PO Box 4477, Arcata CA 95518

[email protected]/ (707) 822-2411

Prepared for: Darren Mierau – North Coast Director

California Trout North Coast Region 615 11th Street, Arcata, CA 95521

[email protected] (707) 825-0420

Page 2: Contract Documents for: WOODMAN CREEK …...Woodman Creek Barrier Removal Project 11/02/2017 Contract Documents California Trout, Inc. California Trout Inc. 651 11th St • Arcata,

Woodman Creek Barrier Removal Project 11/02/2017 Contract Documents California Trout, Inc.

California Trout Inc.

651 11th St • Arcata, CA 95521 707-825-0420 / www.caltrout.org

CALIFORNIA TROUT, INC.

REQUEST FOR QUALIFICATIONS AND

INVITATION FOR BID November 2, 2017 You are in a select list of qualified firms with experience with in-channel construction, earth moving, and road construction. You are invited to review and respond to the attached Invitation for Bid and Request for Qualifications (Contract documents), for a project entitled WOODMAN CREEK BARRIER REMOVAL PROJECT, NORTHWESTERN PACIFIC RAILROAD MILE POST 171.49. The anticipated term of the resulting contract is May 1, 2018 to November 20, 2018. California Trout (CalTrout) is not a public agency, and this competitive bid process is not subject to the provisions of the Public Contract Code. While CalTrout has voluntarily chosen to adopt procedures that may bear some similarity to the procedures for competitive bidding under the Public Contract Code, it has no obligation to follow any procedures mandated by that Code. This invitation to bid is not an offer. This invitation is a request for offers from firms to do this work, and no offer will be considered accepted until receipt of a written acceptance from CalTrout. There will be a MANDATORY walk-through of project site on Thursday, November 16th, 2017 at 9:00 am. Original signed documents must be received by 4:00 p.m. on December 8th 2017 at the contract documents address. If postponed due to bad weather a new date will be determined (TBD), if necessary. Inquiries regarding the processing of the enclosed Invitation for Bid and Request for Qualifications package should be referred to Darren Mierau, California Trout North Coast Director, at (707) 825-0420. Regards, Darren Mierau North Coast Director California Trout, Inc.

Engineer’s Project Estimate $1,600,000.00

Page 3: Contract Documents for: WOODMAN CREEK …...Woodman Creek Barrier Removal Project 11/02/2017 Contract Documents California Trout, Inc. California Trout Inc. 651 11th St • Arcata,

Woodman Creek Barrier Removal Project 11/02/2017 Contract Documents California Trout, Inc.

California Trout Inc.

651 11th St • Arcata, CA 95521 707-825-0420 / www.caltrout.org

WOODMAN CREEK BARRIER REMOVAL PROJECT, NORTHWESTERN PACIFIC RAILROAD MILE POST 171.49

TABLE OF CONTENTS FOR CONTRACT DOCUMENTS

TITLE PAGE 1 INVITATION FOR BID 2 TABLE OF CONTENTS 3 SECTION 1. GENERAL INFORMATION ........................................................................... 4!

1.1 PURPOSE AND DESCRIPTION OF SERVICES ............................................................................4!1.2 LOCATION OF THE WORK ............................................................................................................5!1.3 TIME SCHEDULE ............................................................................................................................5!1.4 SUBMISSION OF CONTRACT DOCUMENTS .............................................................................6!1.5 EVALUATION AND SELECTION PROCESS ...............................................................................8!1.6 DISPOSITION OF BIDS ...................................................................................................................8!1.7 CONDITIONS OF SERVICE ............................................................................................................9!

SECTION 2. INSTRUCTION TO CONTRACTORS ........................................................ 12!2.1 BID AND QUALIFICATIONS REQUIREMENTS ......................................................................12!2.2 AFFIDAVIT ....................................................................................................................................12!2.3 REJECTION OF CONTRACT DOCUMENTS .............................................................................13!2.4 CONTRACT ....................................................................................................................................13!2.5 PERFORMANCE BOND ...............................................................................................................13!2.6 INSURANCE ...................................................................................................................................13!2.7 EXPERIENCE .................................................................................................................................16!2.8 EXAMINATION OF JOB SITE AND CONTRACT DOCUMENTS ............................................16!2.9 ADDENDUM ..................................................................................................................................16!2.10 TRADE NAMES AND ALTERNATIVES ..................................................................................16!

SECTION 3. SPECIAL PROVISIONS ................................................................................ 17!3.1 WORK COVERED BY CONTRACT DOCUMENTS ...................................................................17!3.2 CONTRACTS ..................................................................................................................................19!3.3 WORK SEQUENCE ........................................................................................................................19!3.4 CONTRACTOR USE OF PREMISES ............................................................................................19!3.5 SPECIAL PERMITS AND REQUIREMENTS ..............................................................................19!3.6 FIRE PLAN ......................................................................................................................................19!

SECTION 4. CONSTRUCTION AND EXCAVATION STANDARDS .......................... 23!SECTION 5. BIDDERS BOOK ............................................................................................ 25!

GENERAL ..............................................................................................................................................25!MEASUREMENT AND PAYMENT ITEMS ........................................................................................25!CONTRACTOR BID SCHEDULE ................................................................................................30!

SECTION 6. SAMPLE NOTICES AND CONTRACT ................................................. 41!SAMPLE NOTICE OF AWARD .........................................................................................................41!SAMPLE AGREEMENT FOR SUBCONTRACTOR SERVICES ......................................................42!

LIST OF APPENDICES (in back of contract documents) APPENDIX A: 100% Design Plans and Pacific Watershed Associates Report No. 171027701 APPENDIX B: CEQA Compliance and Agency Permit Documents APPENDIX C: Heavy Equipment and Labor Daily Timesheet Sample APPENDIX D: Certificates of Insurance, Endorsements, and other evidence of insurance provided

pursuant to this Contract and accepted by CalTrout

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Woodman Creek Barrier Removal Project 11/02/2017 Contract Documents California Trout, Inc.

4 California Trout Inc.

651 11th St • Arcata, CA 95521 707-825-0420 / www.caltrout.org

SECTION 1. GENERAL INFORMATION 1.1 PURPOSE AND DESCRIPTION OF SERVICES Work under this solicitation consists of restoring approximately 550 feet of the historical channel alignment of Woodman Creek at its confluence with the Eel River to improve fish access to Woodman Creek for juvenile and adult salmon and steelhead. A comprehensive description of the work plan is presented in (1) the Pacific Watershed Associates Report titled 100% Roads, Rails, and Spoils Management Plan (PWA, 2016) and (2) the Mike Love and Associates California Trout Plans for Construction of the Woodman Creek Barrier Removal Project (MLA, 2016) which contains 14 design sheet drawings, and written construction material and work specifications. In order to provide for permanent fish passage at Woodman Creek, it is estimated that approximately 44,000 yd3 of material consisting of railroad embankment material and fine-grain sediment deposits must be exported from the project site, and the only feasible route to accomplish this task is along the railroad right-of-way to off-site designated spoil material disposal sites located 1.0 to 3.0 miles north from the Woodman Creek Barrier site. Approximately 1,700 yd3 of railroad alignment embankment materials will be utilized on site to construct the core of a channel plug to block streamflow from its current alignment. The Contractor will excavate railroad embankment material and deposited sediments along the historical Woodman Creek channel alignment to expose the native bedrock/boulder channel bed to provide unimpeded fish passage. An estimate of the shape, overall slope, and depth to the natural channel bed has been developed based on the geologic investigation, and is shown in the Plan Design Sheets. The existing flow path of the Woodman Creek, through the bedrock cut under the railroad trestle, will be plugged as part of the project. The channel plug will consist of approximately 1,700 yd3 of select salvaged materials from the railroad embankment, a geomembrane core placed onto a new cast-in-place concrete footing, and imported riprap. Heavy equipment will convert the railroad right-of-way to a construction haul route that is suitable and safe for 20 yd3 off-highway dump trucks to end-haul all spoil material to permanent spoil disposal areas. The haul route will also include existing roads on the Christensen Ranch. The existing roads will be upgraded to accommodate 20 yd3 off-highway dump trucks and to improve drainage on the Christensen haul road (Plan Design Sheets 1-14). The first components of this project include removal and placement for long-term storage of approximately 9,000 feet of rail along the NWP railroad alignment and the permanent removal and on-site disposal of approximately 400 feet of rail ties where the fish passage project will occur, to result in conversion of approximately 4,200 feet of rail road to haul road for site access and spoil removal (Plan Design Sheets 1-14). To provide access to the work area, temporary crossings will be constructed on the Christensen haul route at nine (9) locations where steep gradient ephemeral streams cross the new haul route (Plan Design Sheet 6). These stream crossings will be converted to armored fill crossings once the fish passage project is complete. The purpose of improving the Christensen haul route construction is to allow its use for end-hauling spoil material to permanent spoil disposal areas. In addition, there are 11 small, steep ephemeral stream crossing along the railroad haul route that will be temporarily treated and filled or graded smooth so as to complete the excavation and end-hauling and tasks associated with the sequential steps to treat the Woodman Creek fish passage project. Following the end-hauling of all project spoil materials, the contractor will treat 9 of the small stream crossings along railroad haul route by exhuming the natural channel to allow flow across bedrock exposures (Plan Design Sheets 5 and 6); the 2 other stream crossing on the railroad haul route will be exhumed in work at the project site. At the Project Site, dewatering of Woodman Creek will be performed to keep soils and excavated

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651 11th St • Arcata, CA 95521 707-825-0420 / www.caltrout.org

materials as dry as possible during work activities and non-work hours to reduce the potential for causing excessive erosion and downstream water quality impacts. For the spoil areas, haul routes, and access roads, watering will be performed during work activities to gain soil compaction as well as dust reduction. Water will be drafted from a large pool on the Eel River using a 4 inch pump and stored in a total of four 5,000 gallon temporary holding tank with a float valve/switch (Design Plan Sheets 5 and 6). Any equipment work within the low flow stream channel shall be performed in isolation from the clear flowing streamflow. Fish relocation will be performed by California Department of Fish and Wildlife (CDFW) staff biologists or fisheries consultants under the supervision of CalTrout. Fish will be excluded from the work area by blocking the stream channel above and below the work area with a fine-meshed net or screen.

Note: This Project is subject to prevailing wage requirements, and requires both a “bid bond” and a “performance bond” for 100% of the contracted bid amount.!

1.2 LOCATION OF THE WORK The site can be accessed from Highway 101 north of the town of Laytonville, CA. From Laytonville, proceed north on Hwy 101 for approximately 9 miles. Turn right onto Spy Rock Road and proceed for 4.5 miles. Most of the route is low standard gravel surfaced road. Turn right onto Iron Peak Road and proceed 1.5 miles. Turn left on Simmerly Road and proceed 8 miles to the Railway located adjacent to the Mainstem Eel River. Follow the railway to the south approximately 1.2 miles to Woodman Creek. An escort is required to access the project site, through at least two locked gates. The Simmerly Ranch is owned by the Christensen family. CalTrout and PWA will arrange access to the site. 1.3 TIME SCHEDULE There will be a MANDATORY walk-through of the project site on Thursday, November 16th, 2017 at 9:00 am. All prospective Contractors or their representative are required to attend the walk-through in order to bid on this project. Failure to attend shall result in your bid not being accepted. If postponed due to bad weather a new date will be determined (TBD), if necessary. Meet for walk-through at the intersection of Highway 101 and Spy Rock Road approximately 9 miles north of Laytonville, CA. Please call Darren Mierau, CalTrout North Coast Director at (707) 825-0420 for further information.

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Woodman Creek Barrier Removal Project 11/02/2017 Contract Documents California Trout, Inc.

6 California Trout Inc.

651 11th St • Arcata, CA 95521 707-825-0420 / www.caltrout.org

Contractors shall adhere to the timetable noted below: Contract documents available to prospective Contractors November 2, 2017 Mandatory Pre-Bid & Site Visit, 9:00 a.m. to 3:00 p.m. (If postponed due to bad weather a new date will be determined (TBD), if necessary)

November 16, 2017

End date for open period for Contractors questions before bid and qualifications are due December 1, 2017

Response to Contractors questions and addendums December 5, 2017 Bid and qualifications submittal is due by 4:00 p.m. December 8, 2017 Estimated Notification of Intent to Award of Agreement to successful Contractor January 4, 2018

Estimated Date Bonding/Signed Contract and Insurance to CalTrout January 19, 2018 Target Date for Project Starting May 15, 2018 Anticipated Ending Date of Agreement November 20, 2018 Technical questions must be submitted in writing and received by CalTrout via email to Darren Mierau at [email protected] on or before the close of business on December 1, 2017 at 5:00 p.m. CalTrout will provide written answers to all potential Contractors by December 5, 2017 at 3:00 p.m. Bids received by CalTrout in compliance with all standards and provisions requested in this document shall remain valid for 60 days. 1.4 SUBMISSION OF CONTRACT DOCUMENTS Original signed documents must be received by 4:00 p.m. on December 8, 2017 at the contract documents address. The contract documents address is:

CALIFORNIA TROUT Woodman Creek Barrier Removal Project

REQUEST FOR QUALIFICATIONS and INVITATION FOR BID Attn. Darren Mierau / North Coast Program Director

615 11th Street Arcata, CA. 95521

All contract documents shall include the following originally signed documents:

•! Contractor’s bid schedule, including project description, a hourly, daily and weekly work schedule, equipment availability and age, and safety record (pages 27-29);

•! Woodman Creek Barrier Removal Project base bid amount worksheet and listed total amount (pages 30-32);

•! Department of Industrial Relations Reporting worksheet (page 34); •! Public contract code Section 10285.1 Statement (page 35); •! Non collusion affidavit (page 36); •! Related project experience and references (page 37); •! Bid bond

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7 California Trout Inc.

651 11th St • Arcata, CA 95521 707-825-0420 / www.caltrout.org

Contract documents not including the above documents may be rejected.

a.! All contract documents are to be sent to California Trout (CalTrout) within the timeframe indicated under Section 1-3, Time Schedule. Contract documents received after the due date and time will be rejected. All contract documents are valid for 60 days after due date.

b.! Bids shall be accompanied by a certified cashier’s check/s or a bid bond in the amount of one hundred sixty thousand dollars ($160,000), made payable to the order of “California Trout, Inc.”

c.! All contract documents must be submitted under sealed cover. The sealed cover must be

plainly marked with "Woodman Creek Barrier Removal Project", must show your firm's name and address, and must be marked with "DO NOT OPEN."

d.! CalTrout does not accept alternate Contract language from a Contractor. Contract documents

with such language will be considered a counter proposal and will be rejected. CalTrout’s General Terms and Conditions (GTC) are not negotiable.

e.! Contract documents may be rejected if conditional or incomplete, or if it contains any

alterations of form or other irregularities of any kind. CalTrout may waive any immaterial deviation in a bid or qualifications. CalTrout's waiver of immaterial defect shall in no way modify the Invitation for Bid and Request for Qualifications document or excuse the Contractor from full compliance with the objectives if awarded the Agreement. CalTrout reserves the right to reject any and all bids for any reason.

f.! Costs for developing contract documents and preparation of award of the Agreement

are entirely the responsibility of the Contractor and shall not be chargeable to CalTrout.

g.! This Invitation for Bid and Request for Qualifications shall be signed by an individual who is authorized to bind the bidding firm contractually. The signature must indicate the title or position that the individual holds in the firm. An unsigned bid or qualifications shall be rejected.

h.! A Contractor may modify a bid or qualifications after its submission by withdrawal and

resubmission before the due date. Modification of a bid or qualifications offered in any other manner, oral or written, will not be considered.

i.! A Contractor may withdraw bid or qualifications by submitting a written request for its

withdrawal to CalTrout, signed by the Contractor or an agent authorized in accordance with Paragraph g above. A Contractor may thereafter submit a new bid or qualifications before the submission deadline. Contract documents may not be withdrawn after the due date. Contract documents received after the due date and time will be rejected.

i.! CalTrout may modify the Invitation for Bid and Request for Qualifications prior to the date

fixed for submission of contract documents by the issuance of an addendum to all parties who received a bid and qualifications package.

j.! CalTrout reserves the right to reject any and all bids and qualifications.

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8 California Trout Inc.

651 11th St • Arcata, CA 95521 707-825-0420 / www.caltrout.org

k.! All bid and contract documents are proprietary private documents and will not be shared or

distributed. l. Contractors are cautioned not to rely on CalTrout, during the evaluation, to discover and

report to the Contractor all defects and errors in the submitted documents. Contractors should carefully proof their documents for errors and adherence to the Invitation for Bid and Request for Qualifications requirements before submitting them.

m. Where applicable, the Contractor should carefully examine the worksite and material and

installation specifications. Contractors shall investigate conditions, character, quality of surface, subsurface materials, or obstacles to be encountered. No additions to the Agreement amount will be made because of failure to thoroughly examine the worksite and specifications.

1.5 EVALUATION AND SELECTION PROCESS

a.! CalTrout will put each bid and qualifications through a process of evaluation to determine the responsiveness of qualified Contractors to CalTrout’s needs. CalTrout will select a firm with which to enter a contract for services based on qualifications and demonstrated experience, skill sets, schedule, and approach to addressing the tasks identified.

b.! The contract documents will be evaluated based on the Contractor’s experience, references, schedule, availability and price for each item to be delivered.

c.! Contract documents that contain false or misleading information or provide references that do not support an attribute or condition claimed by the Contractor may be rejected. If, in the opinion of CalTrout, information was intended to mislead CalTrout in its evaluation of the bid and qualifications, and the attribute, condition, or capability is a requirement of this invitation, it will be the basis for rejection of the contact documents.

d.! At the time of opening, contract documents will be checked for the presence or absence of required information in conformance with the submission requirements of this invitation.

e.! Based on CalTrout’s evaluation of whether the information provided by the firms are complete, CalTrout will select the CONTRACTOR it considers the most highly qualified and timely to deliver the project, based on the description of their company and how they will be able to meet the schedule and provide the needed workers and equipment. The selected firm will then be asked to enter into negotiations for a contract for construction services.

1.6 DISPOSITION OF BIDS

a.! All documents submitted in response to this Invitation for Bid and Request for Qualifications will become the property of CalTrout and may be returned only at the bidder's expense. Submitted contract documents are valid for 60 days.

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9 California Trout Inc.

651 11th St • Arcata, CA 95521 707-825-0420 / www.caltrout.org

b.! Upon bid opening, all documents submitted in response to this Invitation for Bid and Request for Qualifications will become the property of CalTrout and will not be shared or distributed.

1.7 CONDITIONS OF SERVICE

a.! CalTrout is soliciting bids and qualifications from Contractors to provide equipment with operators to perform fish passage barrier removal at the project site, and stream alignment improvements including, decommissioning 9 stream crossings along the North Western Pacific Railroad line and upgrading 9 stream crossings on the Channel Plug and Christensen Haul Road. The WORK will require furnishing excavators, bull dozer tractors, off-highway dump trucks, loaders and water trucks with qualified operators at prevailing wage rates. CalTrout’s bid schedule has anticipated the type of equipment required to perform the project.

b.! Service shall not commence until the Agreement is fully executed and all permits

have been obtained. Should the CONTRACTOR fail to commence work within 5 days of the Notice to Proceed, CalTrout reserves the right to terminate the Agreement. In addition, the CONTRACTOR shall be liable to CalTrout for the difference between CONTRACTOR'S bid price and the actual cost of performing work by the second bidder or by another contractor.

c.! All performance under the Agreement shall be completed on or before the

termination date of the Agreement unless this Agreement is amended by CalTrout to extend the term.

d.! No oral understanding or agreement shall be binding on either party.

e.! CONTRACTOR shall possess a California Class "A", “C12” or “C61” license at

the time this contract is bid or a combination of classes required by the categories and type of work included in this contract.

f.! PREVAILING WAGES.

(i)! In General. This is a public works contract subject to the provisions of Part 7 of Division 2 of the California Labor Code (Sections 1720 et seq.). In accordance with Labor Code Section 1771, CONTRACTOR and all subcontractors shall pay not less than current prevailing wage rates as determined by the California Department of Industrial Relations (“DIR”) to all workers employed on this project. In accordance with Labor Code Section 1815, CONTRACTOR and all subcontractors shall pay all workers employed on this project 1 ½ the basic rate of pay for work performed in excess specified hour limitations. The work performed pursuant to the Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

(ii)! Registration. CONTRACTOR and all subcontractors are not qualified to bid on or be listed in a bid proposal and shall not engage in the performance of any work under this contract, unless currently registered and qualified to perform public work pursuant to section 1725.5 of the

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10 California Trout Inc.

651 11th St • Arcata, CA 95521 707-825-0420 / www.caltrout.org

California Labor Code. CONTRACTOR represents and warrants that it is registered and qualified to perform public work pursuant to section 1725.5 of the Labor Code.

(iii)! Posting. CONTRACTOR shall post at the job site the determination of the DIR director of the prevailing rate of per diem wages together with all job notices that are required by regulations of the DIR.

(iv)! Payroll Record Reporting. CONTRACTOR and any subcontractors shall keep accurate payroll records in accordance with Section 1776 of the Labor Code and shall furnish the payroll records directly to the Labor Commissioner in accordance with the law.

(v)! Subcontracts. CONTRACTOR shall not enter into a subcontract without proof that the subcontractor is registered with DIR and qualified to perform public work pursuant to section 1725.5 of the California Labor Code. Any subcontracts must require compliance with the prevailing wage law terms of this contract.

(vi)! Report on Prevailing Rate of Wages. CalTrout has obtained the general prevailing rate of per diem wages in the vicinity of the project for each type of worker needed, a copy of which is on file at CalTrout’s principal office, and shall be made available to any interested party upon request. Bidders may also obtain the General Prevailing Wage Rates for specific job classifications from the Department of Industrial Relations at (415) 703-4281 or visit https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. Bidders are advised that if they intend to use a craft or classification not on file in the general wage determinations, they may be required to pay the wage rate of that craft of classification most closely related to it as shown in the general determinations

(vii)! Employment of Apprentices. CONTRACTOR’s attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by CONTRACTOR or any subcontractor. It shall be the responsibility of the CONTRACTOR to effectuate compliance on the part of itself and any subcontractors with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

(viii)! Penalties. CONTRACTOR’s attention is directed to provisions in Labor Code Sections 1775 and 1813. In accordance with Labor Code Section 1775, CONTRACTOR and subcontractors may be subject to penalties for CONTRACTOR’s and subcontractors’ failure to pay prevailing wage rates. In accordance with Labor Code Section 1813, CONTRACTOR or subcontractors may be subject to penalties for CONTRACTOR’s or subcontractors’ failure to pay overtime pay rates for hours worked by workers employed on this project in excess specified hour limitations.

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g.! CONTRACTOR shall not unlawfully discriminate, harass, or allow harassment

against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. CONTRACTOR shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. CONTRACTOR shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. CONTRACTOR shall give written notice of its obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

h.! CONTRACTOR shall allow CalTrout, California Department of Fish and

Wildlife, the Department of General Services, the Bureau of State Audits, or their designated representative the right to review and to copy any records and supporting documentation pertaining to the performance of this Contract. CONTRACTOR shall maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. CONTRACTOR shall allow the auditor(s) access to such records during normal business hours and allow interviews of any employees who might reasonably have information related to such records.

i.! CONTRACTOR shall take affirmative steps to assure that qualified small,

minority and women-owned businesses are used when possible as sources of supplies, construction, and services in the performance of the Contract and subcontracts. Affirmative steps taken shall include the following:

i. Include qualified small, minority and women-owned businesses on solicitation lists; ii. Assuring that small, minority and women-owned businesses are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation of small, minority and women-owned businesses; iv. Establishing delivery schedules, where the requirements of the work permit, which will encourage participation by small, minority and women-owned businesses; v. Using the services and assistance of the Small Business Administration, the Minority business Development Agency of the U.S. Department of Commerce, and the State Office of Small Business and Disabled Veteran Business Enterprise Certification; and

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vi. If the Grantee awards subcontracts, requiring the subcontractor to take the affirmative steps in paragraphs i through vi of this subsection.

j.! Standards for Financial Management System: CONTRACTOR and all

subcontractors shall maintain fiscal control and accounting procedures which are sufficient to: i. Permit preparation of reports required by Title 48 CFR Part 31 (including

those required by Title 48 CFR part 31.40 and 31.41) and statutes authorizing the grant funding this Contract.

ii. Permit tracing of funds to a level of expenditures adequate to establish that such funds have not been used in violation of the restrictions and prohibitions of applicable statutes.

A requirement to this effect shall be placed in all subcontracts related to performance of work under this Agreement.

SECTION 2. INSTRUCTION TO CONTRACTORS 2.1 BID AND QUALIFICATIONS REQUIREMENTS Contract documents are required for the entire WORK called for in the CONTRACT attached hereto. The PROPOSAL shall set forth each item of WORK in clearly legible figures, an item price and a total for the item in the respective spaces provided, and shall be signed by CONTRACTOR, who shall fill out all blanks in the proposal form as therein required. Blank spaces in the PROPOSAL shall be properly filled in and the phraseology of the form must not be changed. Additions must not be made to the items mentioned therein. Any unauthorized condition, limitations or provisos, attached to a PROPOSAL may cause its rejection. Alteration of the bid unit prices or amounts by erasure or interlineations must be explained, or noted, in the proposal over the signature of CONTRACTOR. If the bid is made by an individual, it must be signed by the full name of CONTRACTOR whose address must be given; if it is made by a firm, it must be signed with the co-partnership named by a member of the firm, and the name and full address of each member must be given and if it is made by a corporation, it must be signed by an officer, in the corporate name and the corporate seal must be attached to such signature. Contract documents received after the specified opening time will not be considered. The bidder is solely responsible for the timely delivery of his bid. CalTrout reserves the right to reject any and all contract documents. 2.2 AFFIDAVIT Each PROPOSAL must have thereon or attached thereto the affidavit of the CONTRACTOR that

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such PROPOSAL is genuine and not sham or collusive or made in the interest or in behalf on any person not therein named, and that CONTRACTOR has not directly or indirectly, induced or solicited any other contractors to put in a sham bid, or any other person, firm or corporation to refrain from bidding, and that CONTRACTOR has not in any manner sought by collusion to secure for himself any advantage over any other contractors. 2.3 REJECTION OF CONTRACT DOCUMENTS Contract documents may, at the discretion of CalTrout, be rejected for any reason, including but not limited to if they show any alteration of form, additions not called for, conditional contract documents, incomplete Contract documents, erasures or irregularities of any kind. Contract documents not accompanied by a non-collusion affidavit may be rejected. Bids in which the price of any item appears to be abnormally high or low may also be rejected.

Contract documents must be received via mail. Electronic contract documents or an electronic or oral modification of contract documents, or contract documents received after the advertised time for receiving contract documents shall be rejected. CalTrout reserves the right to reject any or all contract documents or to waive any defect or irregularity in bidding. 2.4 CONTRACT CONTRACTOR to whom award is made will be required to execute a written CONTRACT with CalTrout, and to furnish approved bonds and insurance certificates as herein provided within ten (10) business days after the date or receipt of the notice of intent to award to such CONTRACTOR (see Section 6). After receiving all appropriate bonds and certifications the contract will be awarded.

2.5 PERFORMANCE BOND The amount of the Performance Bonds to be given to secure faithful performance of the CONTRACT shall be one hundred (100) percent of the estimated CONTRACT price thereof and shall provide, in effect, that the principal shall well and truly perform the "contract" rather than "work contracted to be done" as is quite common. If the latter is used, the bond will be rejected.

The Performance Bond shall be security for all of the provisions of the CONTRACT including, but not limited to, the guaranty provisions.

All bonds shall contain the following language:

All alterations, extensions of time, extra and additional work, and other changes authorized by the SPECIFICATIONS or any part of the CONTRACT may be made without securing the consent of the SURETY or sureties on the CONTRACT bonds. SURETY waives any requirement of notice of any such alterations, extensions of time, EXTRA WORK and additional WORK or any other changes.

2.6 INSURANCE CONTRACTOR shall obtain insurance acceptable to California Trout (CalTrout), Pacific Watershed Associates, Inc., (PWA) and Michael Love & Associates (MLA), and landowners North Coast Railroad Authority (NCRA), Ron Christensen, and Mickey Baily (together, the “LANDOWNERS”)

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from an insurer admitted in California with an A.M Best rating of A:VII or greater.. The required documentation of such insurance shall be furnished to CalTrout at the time the non-profit returns the executed CONTRACT. The proper insurance shall be provided within five (5) business days, after CONTRACTOR has received the notice that the CONTRACT has been awarded and prior to CalTrout executing the CONTRACT and issuing a NOTICE TO PROCEED. CONTRACTOR shall not commence WORK nor shall he allow his employees or subcontractors or anyone to commence WORK until all insurance required hereunder has been submitted and approved and a NOTICE TO PROCEED has been issued. With respect to performance of WORK under this CONTRACT, CONTRACTOR shall maintain and shall require all of its sub-contractors to maintain insurance as described below: A. Workers' compensation insurance with statutory limits as required by the Labor Code of the

State of California. The Workers’ compensation policy shall be endorsed with a waiver of subrogation in favor of CalTrout, PWA, MLA, and LANDOWNERS for all WORK performed by CONTRACTOR, its employees, agents, and subcontractors. Said policy shall be endorsed with the following specific language:

"This policy shall not be cancelled or materially changed without first giving thirty (30) DAYS prior written notice by certified mail return receipt requested to the CALTROUT NORTH COAST DIRECTOR."

B. Commercial General Liability Insurance covering bodily injury and property damage utilizing

an occurrence policy form, in an amount no less than $5,000,000 combined single limit for each occurrence ($1,000,000 AGGREGATE). Said commercial general liability insurance policy shall either be endorsed with the following specific language or contain equivalent language in the policy:

1)! CalTrout, PWA, MLA, and LANDOWNERS and their officers, officials, employees and

volunteers shall be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of CONTRACTOR, including materials, parts or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of CONTRACTOR.

2)! The inclusion of more than one insured shall not operate to impair the rights of one

insured against another insured, and the coverage afforded shall apply as though separate policies had been issued to each insured, but the inclusion of more than one insurance shall not operate to increase the limits of the company's liability.

3)! For any claims related to the WORK, CONTRACTOR’s policy shall be

considered primary insurance as to CalTrout, PWA, MLA, and LANDOWNERS and their officers, officials, employees and volunteers. Any insurance or self-insurance maintained by CalTrout, PWA, MLA, and LANDOWNERS and their officers, officials, employees and volunteers shall be excess of CONTRACTOR’s insurance only and shall not contribute with it.

4)! This policy shall not be cancelled or materially changed without first giving thirty (30)

DAYS prior written notice by certified mail return receipt requested has been given to the CALTROUT NORTH COAST DIRECTOR, 615 11th St, Arcata, California, 95521.

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C. Automobile liability insurance covering bodily injury and property damage in an amount no less than $2,000,000 combined single limit for each occurrence. Said insurance shall include coverage for owned, hired, and non-owned vehicles. Said policy shall be endorsed with the following language:

1.! This policy shall not be cancelled or materially changed without first giving thirty (30)

DAYS prior written notice by certified mail return receipt requested to the CALTROUT NORTH COAST DIRECTOR.

2.! CalTrout, PWA, MLA, and LANDOWNERS and their officers, officials, employees and

volunteers are included as additional insured with regard to damages and defense of claims arising from: the ownership, operation, maintenance, use, loading or unloading any auto owned, leased, hired or borrowed by the Named insured, or for which the named insured is responsible.

D. Builder’s Risk (Course of Construction) Coverage. Contractor shall maintain builder’s risk (Course of Construction) insurance covering all risks of loss less policy exclusions in the amount not less than the completed value of the project with no coinsurance penalty provisions. CalTrout, PWA, MLA, and LANDOWNERS shall be named as loss payees in the builder’s risk policy.

E. Documentation

The following documentation shall be submitted to CalTrout:

1.! Properly executed Certificates of Insurance clearly evidencing all coverages, limits, and endorsements required above. Said certificates shall be submitted prior to the execution of this contract.

2.! Any deductibles or self-insured retentions must be declared to and approved by CalTrout. At the option of CalTrout, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CalTrout, PWA, MLA, and LANDOWNERS, and their officers, officials, employees, agents and volunteers; or (2) CONTRACTOR shall provide a financial guarantee satisfactory to CalTrout guaranteeing payment of loses and related investigations, claim administration and defense expenses.

3.! Signed copies of the specified endorsements for each policy. Said endorsement copies shall

be submitted within ten (10) DAYS of execution of contract. 4.! Upon CalTrout’s written request, certified copies of insurance policies. Said policy copies

shall be submitted within thirty (30) DAYS of CalTrout’s request.

F. Policy Obligations

CONTRACTOR's indemnity and other obligations shall not be limited by the foregoing insurance requirements.

G. Material Breach

If CONTRACTOR, for any reason, fails to maintain insurance coverage that is required

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pursuant to this CONTRACT, the same shall be deemed a material breach of CONTRACT. CalTrout, at its sole option, may terminate this CONTRACT and obtain damages from CONTRACTOR resulting from said breach. Alternatively, CalTrout may purchase such required insurance coverage, and without further notice to CONTRACTOR, CalTrout may deduct from sums due to CONTRACTOR any premium costs advanced by CalTrout for such insurance. These remedies shall be in addition to any other remedies available to CalTrout.

2.7 EXPERIENCE CONTRACTOR must, if requested by CalTrout, present satisfactory evidence that it is fully prepared with the necessary experience, capital, machinery and material to furnish the articles called for and to conduct the WORK as required by the specifications. 2.8 EXAMINATION OF JOB SITE AND CONTRACT DOCUMENTS CONTRACTORS shall carefully examine the site(s) of the contemplated WORK, the PLANS and SPECIFICATIONS, and the PROPOSAL and CONTRACT DOCUMENTS forms therefore and are required to personally satisfy themselves of all local conditions affecting the WORK and delivery of the articles. The accuracy of the interpretation of the facts disclosed by borings or other preliminary investigations is not guaranteed by CalTrout. 2.9 ADDENDUM If any person contemplating submitting a bid for the proposed CONTRACT is in doubt as to the true meaning of any part of the PLANS, SPECIFICATIONS or other proposed CONTRACT DOCUMENTS, or finds discrepancies in, or omissions from the PLANS or SPECIFICATIONS, he may submit to the CALTROUT NORTH COAST DIRECTOR a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery (see Section 1.3 Time Schedule). Any interpretation or correction of the proposed CONTRACT DOCUMENTS prior to bid opening will be made solely in the form of written ADDENDUM to the CONTRACT DOCUMENTS and when issued will be on file at the office of the CALTROUT NORTH COAST DIRECTOR before bids are opened. Interpretations, corrections, or changes in the proposed CONTRACT allegedly made in any other manner shall not be binding for any purpose and BIDDERS shall not rely on such interpretations, corrections or changes. In addition, all ADDENDA will be mailed to each person purchasing CONTRACT DOCUMENTS, but it shall be BIDDER's responsibility to make inquiry as to the ADDENDA issued. All such ADDENDA shall become part of the CONTRACT documents and all BIDDERS shall be bound by such ADDENDA, whether or not received by BIDDER. 2.10 TRADE NAMES AND ALTERNATIVES If any provision of these CONTRACT DOCUMENTS calls for a designated material, product, thing or service by specific brand name or trade name, such designation shall be deemed to be followed by the words, "or equal" so that BIDDERS may furnish any equal material, product, thing or service; provided, however, within a period of fifteen (15) DAYS after award of contract, the successful BIDDER shall submit to the CALTROUT NORTH COAST DIRECTOR a request for substitution as to any item which CONTRACTOR desires to substitute "an equal" item, and if CONTRACTOR fails to file such request within said time period, he will be deemed to have waived his privilege of substitution. The CALTROUT NORTH COAST DIRECTOR shall within a reasonable time after

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having received a request for substitution, issue in writing his decision as to whether the proposed substitute item is "an equal" item. The CALTROUT NORTH COAST DIRECTOR’S decision shall be conclusive on both parties to the contract. SECTION 3. SPECIAL PROVISIONS

3.1 WORK COVERED BY CONTRACT DOCUMENTS

A. Description CalTrout is soliciting bids from a selection of Contractors to provide equipment with operators to implement fish passage improvements, stream channel reconfiguration, and channel plug construction at the Northwestern Pacific Railroad fish passage barrier. WORK will require furnishing excavators, dump trucks, bull dozer tractors, water trucks, backhoes, graders, loaders and/or service trucks with qualified operators. 1)! Site Access: Access to the work site is off US Highway 101 via public county roads

(Spy Rock Road and Iron Peak Road) and a private road (Simmerly Road). 2)! Timing and hours of work: Construction activities will only occur between May 15

and November 1, 2018 to avoid or minimize adversely affecting fish, bird and plant species of concern and to minimize soil compaction and sediment transport. Work can take place between 6:00 a.m. to 6:00 p.m. Monday through Friday, except federally recognized holidays.

3) Cultural Resources: Should any paleontological, archaeological, historical or unique ethnic or sacred resources be encountered during construction or grading operations, all ground-disturbing work shall be temporarily halted on site and CONTRACTOR shall notify CALTROUT NORTH COAST DIRECTOR or the designated representative at 707-825-0420. Work on site shall not be resumed until a qualified archeologist has evaluated the materials and offered recommendations for further action. Prehistoric materials that could be encountered include: obsidian or chert flakes or tools, locally darkened midden, groundstone artifacts, depositions of shell, dietary bone, and human burials. Should human remains be uncovered, State law requires that the County Coroner be contacted immediately. Contractor shall notify CALTROUT NORTH COAST DIRECTOR at 707-825-0420 and the Mendocino County Coroner at 707-964-6308. Should the Coroner determine that the remains are likely those of a Native American, the California Native Heritage Commission must be contacted. The Heritage Commission consults with the most likely Native American descendants to determine the appropriate treatment of the remains.

4) Hazardous Materials: If hazardous materials or what appear to be hazardous materials

are encountered, stop work in the affected area immediately and contact 911 or the appropriate agency for further instruction. CONTRACTOR must also notify CALTROUT NORTH COAST DIRECTOR at 707-825-0420.

5) Environmental Compliance and Permits: CONTRACTOR is responsible for

complying with all project permits. CalTrout is responsible for obtaining and providing copies of all necessary project permits. Copies of all permits shall be available at the project site during construction.

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6) Environmental Quality: CONTRACTOR shall comply with all applicable standards,

orders, or requirements issued under Section 306 of the Clean Air Act, Title 42 U.S.C. 1857(h), Section 508 of the Clean Air Act, Title 33 U.S.C. 1368 Executive Order 11738 and, Title 40 CFR part 15.

7)! CalTrout Approval: All improvements shall be accomplished under the approval,

inspection and to the satisfaction of CalTrout. Placed materials not conforming to specifications shall be removed and replaced as directed by CalTrout or the designated representative at no additional cost to CalTrout. CalTrout will be responsible for monitoring the actions of the contractor(s).

8) Contractor Plan and Site Inspection: BIDDERS, before submitting a bid for this project, shall visit the construction site and thoroughly familiarize themselves with all existing conditions above and below ground. Before submitting a bid, BIDDERS shall be satisfied as to the accuracy and completeness of these Specifications and Construction Documents regarding the nature and extent of all work described.

9) Housekeeping: CONTRACTOR shall maintain a clean and orderly work site.

Specific attention will be paid on a daily basis by the CONTRACTOR to ensure that no litter will be left on the work site. Waste items including cigarette butts, food wrappers, food, construction debris etc. shall be disposed of in suitable receptacles provided by the CONTRACTOR.

10) Line item and submittal receipts: CONTRACTOR shall provide line item and

submittal receipts following specifications for all construction materials including seed, straw, cement, membrane, fabric, rip rap, dumping fees, 1 ton rock, water tanks, hardware, rebar, etc.

11) Road surface rock: CONTRACTOR shall provide road surface rock by screening

railroad embankment material at the project site. Rock will be transported to six (6) road surface locations ranging from 130 feet to 2,585 feet long that will require 12 inches to 24 inches of road base following specification listed in the road log (ledger) of recommended road upgrading treatments along Christensen Haul Route.

B.! Contractor's Duties

1.! Provide and pay for equipment with operator in accordance with the bid schedule.

2.! Provide labor in accordance with the State of California Labor Surcharge User's Guide in effect at the date of bid award.

3.! Procure and maintain all insurance and bonds required by these CONTRACT

DOCUMENTS.

4.! Secure and pay for, as necessary for proper execution and completion of the WORK, applicable permits not mentioned elsewhere, licenses, and agreements. Conform to the requirements of all such documents.

5.! Provide PROJECT MANAGER with weekly work schedules and heavy equipment

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logs as required by the contract.

6.! Comply with codes, ordinances, rules, regulations, orders, and other legal requirements of public authorities which bear on the performance of the work.

7.! Promptly submit written notice to the CALTROUT NORTH COAST DIRECTOR or designated representative of observed variance of CONTRACT DOCUMENTS from legal or construction requirements.

8.! Enforce strict discipline and good order of the employees.

9.! Coordinate work actively with PROJECT MANAGER. 3.2 CONTRACTS The WORK will be completed in its entirety under one contract. 3.3 WORK SEQUENCE

After Award of Contract and receipt of the Notice to Proceed, the CONTRACTOR, CALTROUT NORTH COAST DIRECTOR, and PROJECT MANAGER will meet to schedule the WORK and equipment required. The CONTRACTOR can only charge equipment and labor actually used on the WORK. If required, the CONTRACTOR and PROJECT MANAGER shall meet daily to update the WORK schedule. The WORK to be performed shall be controlled by site conditions. WORK shall begin five (5) BUSINESS DAYS after receipt of the Notice to Proceed. Heavy equipment contract work shall be completed by November 1, 2018. The anticipated ending date of the CONTRACT is November 20, 2018. 3.4 CONTRACTOR USE OF PREMISES CONTRACTOR shall lock any and all forest gates after work each day and leave the work site in a safe condition. 3.5 SPECIAL PERMITS AND REQUIREMENTS The CONTRACTOR is cautioned that all WORK must comply with existing permit requirements. Cost of compliance with permit requirements shall be paid for in accordance with the bid schedule for equipment and labor. 3.6 FIRE PLAN The CONTRACTOR shall cooperate with local fire prevention authorities in eliminating hazardous fire conditions and shall implement the following fire plan under the direction of the PROJECT MANAGER:

A. The CONTRACTOR shall be responsible for:

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1! Obtaining the phone number of the nearest fire suppression agency and providing this phone number to the PROJECT MANAGER as a first order of work,

2! Immediately reporting to the nearest fire suppression agency fires occurring within the limits of the project,

3! Preventing project personnel from setting open fires not part of the work,

4! Preventing the escape of fires caused directly or indirectly as a result of project operations and extinguishing these fires,

5! Maintaining traffic control to allow for passage of fire suppression vehicles/equipment at all times.

B. Except for motor trucks, truck tractors, buses and passenger vehicles, the CONTRACTOR shall

equip all hydro-carbon fueled engines, both stationary and mobile, including motorcycles, with spark arresters that meet United States Forest Service Standards as specified in the Forest Service Spark Arrester Guide and shall maintain the spark arresters in good operating condition. Spark arresters are not required by the State Department of Forestry or the United States Forest Service on equipment powered by properly maintained exhaust-driven turbo-charged engines or when equipped with scrubbers with properly maintained water levels. The Forest Service Spark Arrester Guide is available at the District Offices of the Department of Transportation.

C. Toilets shall have a metal receptacle, at least 6 inches in diameter by 8 inches deep, half-filled

with sand for ashes and discarded cigarettes, within easy reach for anyone utilizing the facility. D. Equipment service areas, parking areas and gas and oil storage areas shall be located so that there

is no flammable material within a radius of at least 50 feet of these areas. Small mobile or stationary engine sites shall be cleared of flammable material for a radius of at least 15 feet from the engine.

E. The areas to be cleared of vegetation shall be cleared, and kept clear of, flammable material

such as dry grass, weeds, brush, downed trees, oily rags and waste, paper, cartons, and plastic waste.

F. The CONTRACTOR shall furnish each piece of equipment with the following:

1! One shovel and one fully charged fire extinguisher UL rated at 4 B:C or more on each truck, personnel vehicle tractor, grader or other heavy equipment,

2! One shovel and one back-pack 5-gallon water-filled tank with pump for each welder,

3! One shovel or one chemical pressurized fire extinguisher, fully charged, for each gasoline-powered tool, including but not limited to chain saws, soil augers, rock drills, etc. The required fire tools shall, at no time, be farther than 25 feet from the point of operation of the power tool. Fire extinguishers shall be of the type and size required by the California Public Resource Code, Section 4431, and the California Administrative Code, Title 14, Section 1234,

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4! Shovels shall be size "O" or larger and shall be not less than 46 inches in length.

G. The CONTRACTOR shall be aware of the Fire Index and conform to the following:

Falling of dead trees or snags shall be discontinued. No open burning will be permitted; fires shall be extinguished. Welding shall be discontinued except in an enclosed building or within an area cleared of flammable material for a radius of 15 feet. Blasting shall be discontinued. Smoking will be permitted only in automobiles and cabs of trucks equipped with an ashtray or in cleared areas immediately surrounded by a fire break, unless prohibited by other authority. Vehicular travel will be restricted to cleared areas except in case of emergency.

1! The Wild Land Fire Danger Rating System established by the United States Forest Service

and the State of California Department of Forestry is designed to estimate the relative effect of weather on the several aspects of fire behavior, such as spread, intensity, and ignition. The combination of these effects makes up the Fire Index, the severity of which is as follows: LOW, MEDIUM, HIGH, VERY HIGH, EXTREME

2! Arrangements have been made with the United States Forest Service and the Department of Forestry to notify the Department of Transportation when the Fire Index is "Very High" or "Extreme" within numbered Fire Danger areas as shown on maps furnished by the Department of Transportation. This information will be furnished to the NORTH COAST DIRECTOR, who will notify the CONTRACTOR for dissemination and action in the area affected.

3! When the Fire Index reaches "Very High," the following conditions will prevail: Falling of dead trees or snags shall be discontinued. No open burning will be permitted; fires shall be extinguished. Welding shall be discontinued except in an enclosed building or within an area cleared of flammable material for a radius of 15 feet. Blasting shall be discontinued.

4! When the Fire Index reaches "Extreme," the following precautions shall be taken in addition

to the conditions specified above:

Work of a nature which could start a fire shall require that properly equipped fire guard(s) be assigned to such an operation for the duration of the work. Smoking will be permitted only in automobiles and truck cabs equipped with an ashtray, unless prohibited by other authority.

Standard Specifications for shutdowns due to weather will be followed. If the project is shut down or partially shut down on account of hazardous fire conditions, working days during such period will be determined in the same manner as provided in Wild Land Fire Danger Rating System established by the United States Forest Service and the State of California Department of Forestry Section 8-1.06.

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If field and weather conditions become such that the determination of the Fire Index is suspended, the provisions under items "G" of this section will not be enforced for the period of the suspension of the determination of the Fire Index. The CALTROUT NORTH COAST DIRECTOR will notify the CONTRACTOR of the dates of the suspension and resumption of the determination of the Fire Index. Full compensation for conforming to the provisions herein shall be considered as included in the prices paid for the various contract items of work and no separate payment will be made therefor. 3.7 ACCIDENT CLEAN-UP CONTRACTOR is responsible to remove accident debris, including response to any hazardous spills. CONTRACTOR must follow emergency clean-up practices to address the isolation, containment, identification, hazard assessment, proper removal, and disposal of spilled substances on the project area or access routes rights-of-way. Proper containment and clean-up of spilled material, especially material that is spreading rapidly, will reduce the discharge of potential pollutants into watercourses. CONTRACTOR shall take all measures and comply with all laws to reduce the risk of the following environmental concerns: •! Discharge of hazardous materials, powder or granular materials, liquid materials, or vehicle fluids,

into the watercourse or storm water drainage system

•! Potential for spilled product entering a creek or stream to contaminate entire downstream course, killing or harming aquatic animal and plant life

•! CONTRACTOR should be aware of the remote locations of many county roads significantly limit

time response time to a major spill into the stream system, reducing the effectiveness of potential remedial measures

CONTRACTOR must adhere to the following Best Management Practices: 1. Provide proper emergency spill response equipment (such as kits, river booms, oil skimmer) at all

maintenance yards and other strategic spill response sites. 2. For spills on roadways:

a) Contain spill so it does not enter flowing waters of the stream system.

b) Ensure that each road project site contains spill clean-up/ emergency response kits with sufficient materials to contain at least a small to moderate spill (1-50 gallons).

c) Minimize further tracking of spilled material.

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SECTION 4. CONSTRUCTION AND EXCAVATION STANDARDS CONSTRUCTION AND EXCAVATION STANDARDS: Comprehensive descriptions and specifications of the work plan are presented in the attached 100% Roads, Rails, and Spoils Management Plan (PWA, 2016) and 14 design sheet drawings and written construction specifications developed by Mike Love and Associates (MLA) presented in the California Trout plans for Construction of the Woodman Creek Barrier Removal Project (MLA, 2016)(Appendix A). The CONTRACTOR shall be thoroughly familiar with project plans and designs. References to CALTRANS (2010) in the contract documents refer to state of California Department of Transportation Standard Plans Specification (CALTRANS, 2010). It is the responsibility of the CONTRACTOR to minimize erosion and prevent the transport of sediment to sensitive areas. CONTRACTOR shall be responsible for all fines and cleanup resulting from violations. The term “PROJECT MANAGER” is defined as authorized qualified professional(s) designated by CalTrout. All improvements shall be accomplished under the approval, inspection and to the satisfaction of the authorized professional. CONTRACTOR is responsible for complying with all project permits. Copies of all permits shall remain onsite. A set of signed working drawings shall be kept onsite at all times on which CONTRACTOR shall record variations in the work. These drawings shall be submitted to the PROJECT MANAGER upon completion of work. CONTRACTOR shall immediately notify the PROJECT MANAGER upon discovering significant discrepancies, errors or omissions in the plans, prior to proceeding, the PROJECT MANAGER shall have the plans revised to clarify identified discrepancies, errors, or omissions. CONTRACTOR agrees to assume sole and complete responsibility for the work area during the course of construction, including safety of all persons and property. This requirement shall apply continuously and not be limited to normal working hours. General conditions shall be pursuant to California Department of Fish and Wildlife Salmonid Stream Habitat Restoration Manual, Chapters 9 and 10 and the Handbook for Forest and Ranch Roads Standards, developed by Weaver, Weppner and Hagans, 2015. Best Management Practices (BMPs) shall include: (i.)! Stormwater runoff diversion to be installed immediately up-gradient of excavation areas if

significant rainfall that can generate runoff is predicted within 24 hours by the US Weather Service. CalTrout may implement a wet weather suspension based on weather conditions that result in inability to perform items of work.

(ii.)! CONTRACTOR will supply erosion control materials (i.e. seed and straw bales) and must have erosion control materials on site for installation on any exposed mineral soil that could be washed into drainages, remnant channels and/or Woodman Creek and the Eel River in case of rain. CONTRACTOR must install erosion control measures if significant rainfall is predicted within 24 hours to insure that the project will not violate water quality standards, waste discharge requirements, or permit requirements.

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GENERAL PROJECT BMPs 1. Sediment control

a. Silt fencing, straw bales, straw wattles as deemed necessary and specified by the PROJECT MANAGER.

2. Vegetation Management

a. No trees over 6" dbh will be removed for this project without prior approval of PROJECT MANAGER.

3. Dewatering

a.! The project area will be dewatered, if necessary, before project construction begins.

b.! Pumping or gravity flow around the site shall occur as necessary to dewater the excavation during decommission of all wet stream crossings and springs.

c.! All pump intakes must be screened per permit requirements.

d.! Pumped water that collects in the excavation areas will be pumped to a flat or gently sloped vegetated area at least 20 feet from the top of the bank of the streambank, or to a temporary settling basin constructed within the unexcavated channel area and will not be allowed to discharge back into the stream, but will infiltrate into the ground.

e.! Check for erosion at the discharge of the diversion, and repair or move the outfall as necessary.

f.! Provide adequate fuel supply and backup pumps in the event of a mechanical failure. 4. Staging area

a.! All staging activities, including, but not limited to, vehicle parking, equipment and material storage, spoils and materials stockpiles, vehicle fueling and maintenance, sanitation facilities, and solid waste receptacles shall be designated staging areas approved by PROJECT MANAGER, a minimum of 100 feet from the top of bank of any waterbody.

b.! Any material excavated from crossings or the roadway will be temporarily stored in designated areas, in a manner to prevent sediment delivery to any waterbody.

c.! Silt fencing will be placed between spoils/materials piles and any waterbody, if necessary and as determined by the PROJECT MANAGER.

d.! Spoils shall be end hauled to the approved off-site disposal area and treated according to the Plans and Specifications and Special Provisions at the end of the project.

e.! Equipment will be fueled and serviced more than 100 feet from any waterbody or its adjacent riparian vegetation.

5. Spill prevention and containment

a.! An oil-trapping absorbent floating boom system will be placed immediately downstream of the project area at the start of construction, if necessary.

b.! Containment supplies will be kept on site, sufficient to contain a spill of up to 50 gallons.

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SECTION 5. BIDDERS BOOK GENERAL

A.! CONTRACTOR will provide a realistic and balanced bid and follow all stipulations, conditions and guidelines outlined in the contract documents.

B.! This is an equipment rental contract requiring operators, except where noted. Where indicated for heavy equipment, the method of payment will be HOURLY based on engine running time at prevailing wage rates. Labor will be paid hourly, equipment will only be paid for actual equipment operation.

C.! CONTRACTOR’S related project experience, references, contractor’s bid schedule and price for each item shall be included.

D.! Additional equipment or materials not specified by BID and QUALIFICATIONS ITEMS shall be

negotiated with the successful contractor.

E.! Mobilization and Demobilization shall be included with bid items for the equipment specified in the Bid Schedule.

F.! Additional equipment ordered shall be negotiated with the successful contractor.

G.! All rock, rip rap, geofabric, seed/straw materials and “Channel Plug” construction materials will

be purchased by CONTRACTOR and delivered to project staging areas for materials. Contractor is responsible to mobilize rip rap, rock, and seed and mulch materials, geofabric, water tanks, firehose, fabric, trash pumps, generators, flex pipe to individual sites, as per the 100% Design Plans and PWA Report No. 171027701 (Appendix A).

H.! CONTRACTOR shall possess a Class "A" ,”C12” or “C61” license at the time this contract is bid

or a combination of classes required by the categories and type of work included in this contract.

I.! The successful CONTRACTOR will work under the direct supervision of CalTrout, PWA, MLA and all tasks listed in the 100% Design Plans and PWA Report No. 171027701 (Appendix A) must be completed to the satisfaction of CalTrout, PWA, and MLA.

J.! The estimated engineer’s cost for heavy equipment, labor, and materials costs to finalize and

complete the Woodman Creek Barrier Removal Project are $1,600,000.

MEASUREMENT AND PAYMENT ITEMS

The measurement and payment items are listed herein below. The CONTRACTOR will be allowed to substitute similar equipment for those specified but only if that equipment can perform the WORK at the existing site at a comparable or faster rate. The measurement and payment items are listed herein below:

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Item 1 – Off-highway 20 Cubic Yard Dump Trucks: The CONTRACTOR shall be paid an hourly rate to provide a minimum of 3 off-highway dump trucks with operators. The hourly rate shall include 20 cubic yard dump truck and all incidentals required for truck operation. Only hours of operation will be payable. The CONTRACTOR will record work hours in 15 minute minimums on attached Heavy Equipment and Labor Daily Timesheet Sample (Appendix C). Include operator’s hourly rate for standard prevailing wages and overtime prevailing wages on next line item. Item 2 - Bull Dozer Tractors: The CONTRACTOR shall be paid an hourly rate to provide a bull dozer tractor with 6-way blade, minimum 18” ripping teeth, and operator (Caterpillar D-7, or equal). The hourly rate shall include tractor and all incidentals required for tractor operation. Only hours of operation will be payable. The CONTRACTOR will record work hours in 15 minute minimums on attached Heavy Equipment and Labor Daily Timesheet Sample (Appendix C). Include operator’s hourly rate for standard prevailing wages and overtime prevailing wages on next line item. Item 3 – 45,000 lb Hydraulic Excavator: The CONTRACTOR shall be paid an hourly rate to provide a hydraulic excavators ( 45,000 lb+, CAT 319 or equal) with bucket and thumb and all necessary attachments for lifting or digging. Specifications, minimum four-foot bucket with thumb, 45,000 lb. The excavator must be capable of self-operating on the site. The CONTRACTOR will record work hours in 15 minute minimums on attached Heavy Equipment and Labor Daily Timesheet Sample (Appendix C). Include operator’s hourly rate for standard prevailing wages and overtime prevailing wages on next line item. Item 4 – 72,500 lb Hydraulic Excavator: The CONTRACTOR shall be paid an hourly rate to provide a hydraulic excavators (72,500 lb+, CAT 328D or equivalent) with bucket and thumb and all necessary attachments for lifting or digging. Specifications, minimum six-foot bucket with thumb, 72,500 lbs. The excavator must be capable of self-operating on the site. The CONTRACTOR will record work hours in 15 minute minimums on attached Heavy Equipment and Labor Daily Timesheet Sample (Appendix C). Include operator’s hourly rate for standard prevailing wages and overtime prevailing wages on next line item. Item 5 – Water Trucks: The CONTRACTOR shall be paid an hourly rate to provide a water truck for dust abatement and to provide moisture to adequately compact excavated fill materials. The CONTRACTOR will record work hours in 15 minute minimums on attached Heavy Equipment and Labor Daily Timesheet Sample (Appendix C). Include operator’s hourly rate for standard prevailing wages and overtime prevailing wages on next line item. Item 6 – Backhoe: The CONTRACTOR shall be paid an hourly rate to provide a backhoe for lifting or digging. The CONTRACTOR will record work hours in 15 minute minimums on attached Heavy Equipment and Labor Daily Timesheet Sample (Appendix C). Include operator’s hourly rate for standard prevailing wages and overtime prevailing wages on next line item. Item 7 – Front-end Loaders: The CONTRACTOR shall be paid an hourly rate to provide a minimum of 2 loaders for loading materials into dump trucks for transport. The CONTRACTOR will record work hours in 15 minute minimums on attached Heavy Equipment and Labor Daily Timesheet Sample (Appendix C). Include operator’s hourly rate for standard prevailing wages and overtime prevailing wages on next line item.

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Item 8 – Grader: The CONTRACTOR shall be paid an hourly rate to provide a grader for final shaping of driving surfaces. The CONTRACTOR will record work hours in 15 minute minimums on attached Heavy Equipment and Labor Daily Timesheet Sample (Appendix C). Include operator’s hourly rate for standard prevailing wages and overtime prevailing wages on next line item. Item 9 – Service Trucks: The CONTRACTOR shall be paid an hourly rate to provide a service truck for storing repair tools and for refueling heavy equipment in the field. The CONTRACTOR will record work hours in 15 minute minimums on attached Heavy Equipment and Labor Daily Timesheet Sample (Appendix C). Include operator’s hourly rate for standard prevailing wages and overtime prevailing wages on next line item. Item 10 – Truck and Trailer: The CONTRACTOR shall be paid an hourly rate to provide a truck and trailer for storing repair tools and for refueling heavy equipment in the field. The CONTRACTOR will record work hours in 15 minute minimums on attached Heavy Equipment and Labor Daily Timesheet Sample (Appendix C). Include operator’s hourly rate for standard prevailing wages and overtime prevailing wages on next line item. Item 11 – Low bed: The CONTRACTOR shall be paid an hourly rate to provide a semi with lowboy trailer for mobilization and demobilization. The hourly rate shall include operator, semi-truck and lowboy trailer, and all incidentals required for lowboy operation. Only hours of operation will be payable. Include driver’s hourly rate for standard prevailing wages and overtime prevailing wages on next line item. Item 12 – Nontoxic Waste Removal: The CONTRACTOR shall haul all nontoxic waste materials to a hazardous waste disposal area including, culverts, wooden railroad ties, and misc. waste to a certified landfill or transfer station. The CONTRACTOR shall be paid for dumping fees following Section 3.1 Line item and submittal receipts provisions. The CONTRACTOR shall be also paid an hourly rate to provide on-highway dump trucks to transfer the waste. The hourly rate shall include operator, truck and all incidentals required for truck operation. Only hours of operation will be payable. The CONTRACTOR and PROJECT MANAGER will attempt to schedule all WORK in minimum four-hour increments. The CONTRACTOR, with PROJECT MANAGER’S approval, may choose to work fewer than four-hour minimums. Item 13 – Channel Plug Construction: The CONTRACTOR shall be paid for this item on a lump sum basis. This item includes furnishing all labor, equipment, and materials necessary to construct the Channel Plug, as defined in these Contract Documents. This includes, but is not limited to, excavation of bedrock trench and construction of Concrete Footing and attached geomembrane Liner, placement and compaction of salvaged railroad embankment material, placement of salvaged rock for cap, furnishing and placement of RSP, removal of existing fish ladder, and any activities and materials incidental to construction of the Channel Plug. This item does not include the excavation and stockpiling of select salvaged materials from the railroad embankment. Item 14 –All Terrain Vehicles: The CONTRACTOR shall be paid to deliver and use all terrain vehicles in the project area. The CONTRACTOR will record work hours in 15 minute minimums on attached Heavy Equipment and Labor Daily Timesheet Sample (Appendix C).

Item 15 – 2 inch and 4 inch Trash Pumps and Generators: The CONTRACTOR shall be paid a daily rate to provide 2 inch and 4 inch diameter trash pumps and generators, including fuel, for

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dewatering the barrier removal site and stream crossings, as well as filling and refilling watering system temporary watering tanks. The CONTRACTOR will record work hours on attached Heavy Equipment and Labor Daily Timesheet Sample (Appendix C). Item 16 – Sheeps Foot Compactor: The CONTRACTOR shall be paid an hourly rate to provide sheeps foot compactor for meeting compaction standards at project site(s). The CONTRACTOR will record work hours in 15 minute minimums on attached Heavy Equipment and Labor Daily Timesheet Sample (Appendix C).

Item 17 – Sieve/grizzly: The CONTRACTOR shall sieve/grizzly 3,350 yd3 of excavated railroad embankment aggregate for the 1) Christensen Haul Route and 2) six (6) road surface locations. The CONTRACTOR shall be paid a daily rate to provide the sieve. Item 18 – Rip rap: The CONTRACTOR shall be paid per ton to purchase and deliver from a certified quarry approximately 320 tons of rip rap 0.5 ft to 2.5 ft diameter hard angular rip rap. Nine (9) stream crossings will require 16 tons to 104 tons to construct armored fill crossings following specification listed in the Road Log of Treatments along Christensen Haul Route. Item 19 – Straw Bales: The CONTRACTOR shall be paid to deliver and supply approximately 500 bales of weed free rice straw on all disturbed bare soil areas in the project area. Item 20 – Erosion Control Seed: The CONTRACTOR shall be paid to deliver and supply approximately 250 lb of native erosion control seed. Item 21 – Straw blower: The CONTRACTOR shall be paid by the day to supply straw blower to support mulching the disturbed bare soil areas. Include operator’s hourly rate for standard prevailing wages and overtime prevailing wages on next line item. Item 22 – Hot Water Pressure Washer: The CONTRACTOR shall be paid by the hour to supply hot water pressure washer, to support washing all equipment prior to mobilizing to the project area. Item 23 – 6 inch diameter Flex Pipe: The CONTRACTOR shall be paid to deliver 250 ft of 6 inch diameter flex pipe to the project area. Item 24 – Silt Fence: The CONTRACTOR shall be paid to supply and deliver 400 ft of silt fence to the project area. Item 25 – 5,000 Gallon Water Tanks with Float Valves: The CONTRACTOR shall be paid to supply and deliver a total of five (5) 5,000 gallon water tanks to the project area. Item 26 – Firehose: The CONTRACTOR shall be paid to supply and deliver 8,000 ft of 2 inch diameter fire hose and 2,000 ft of 4 inch diameter fire hose to the project area. Item 27 – Oxy-Acetylene Torch: The CONTRACTOR shall be paid to provide an oxy-acetylene torch to remove railroad track bolts in the project area. The CONTRACTOR will record equipment hours spent on attached Heavy Equipment and Labor Daily Timesheet Sample (Appendix C). Item 28 – Rock Slope Protection Fabric: The CONTRACTOR shall be paid to deliver 9,000 ft2 of Class 10 rock slope protection fabric (geotextile fabric) to the project area for entombing the railroad ties.

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Item 29 – Portable Toilets: The CONTRACTOR shall be paid to supply, maintain and deliver a total of three (3) portable toilets to the project area. Item 30 – Laborers 1: The CONTRACTOR will be paid the cost of labor for the workers used in the actual and direct performance of the LABORER WORK AREA 2, GROUP 1 CLASSIFICATION. Item 31 – Laborers 2: The CONTRACTOR will be paid the cost of labor for the workers used in the actual and direct performance of the LABORER WORK AREA 2, GROUP 2 CLASSIFICATION. Item 32 – Laborers 3: The CONTRACTOR will be paid the cost of labor for the workers used in the actual and direct performance of the LABORER WORK AREA 2, GROUP 3 CLASSIFICATION. Item 33 – Laborers 4: The CONTRACTOR will be paid the cost of labor for the workers used in the actual and direct performance of the LABORER WORK AREA 2, GROUP 4 CLASSIFICATION. Item 34 – Local disposal fee (Spoils site #1, #3A, and #3B): The CONTRACTOR will pay Ron Christensen a disposal fee of $2.00 per cubic yard, up to and not to exceed $37,200 to dispose of excavated spoil material at designated spoil locations #1, #3a, and #3b.

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Woodman Creek Barrier Removal Project

CONTRACTOR BID SCHEDULE

TO: California Trout, Inc.

615 11th Street Arcata, CA 95521

The undersigned is familiar with all the conditions affecting the cost of WORK at the place where the WORK is to be done and with the PLANS and CONTRACT DOCUMENTS and addenda thereto, hereby proposes and agrees to perform everything required to be performed and to provide and furnish all required labor, straw bales, rip rap, and road surface rock materials, tools, equipment, supervision, and all utility and transportation services necessary to complete in a workmanlike manner for the Woodman Creek Barrier Removal Project within the time set forth therein, and at the prices stated below. CONTRACTOR hereby agrees to coordinate and schedule work under this CONTRACT in accordance with Section 1, Summary of Work, Beginning of Work and Time of Completion. CONTRACTOR acknowledges receipt of the following ADDENDA, dated: _________________________ CONTRACTOR has read and understands the contract documents for construction and shall provide a step-wise description of how the work will be performed and scheduled by task, start dates, proposed work schedule hourly, daily and weekly for each individual task listed (use additional sheets if necessary): Task description Start date and proposed work

schedule, hourly, daily and weekly for each individual task listed

_______________________________________________________ __________________________ _______________________________________________________ __________________________ _______________________________________________________ __________________________ _______________________________________________________ __________________________ _______________________________________________________ __________________________ _______________________________________________________ __________________________ _______________________________________________________ __________________________ _______________________________________________________ __________________________ _______________________________________________________ __________________________ _______________________________________________________ __________________________ _______________________________________________________ __________________________ _______________________________________________________ __________________________ _______________________________________________________ __________________________ _______________________________________________________ __________________________ _______________________________________________________ __________________________ _______________________________________________________ __________________________ _______________________________________________________ __________________________ _______________________________________________________ __________________________ _______________________________________________________ __________________________

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CONTRACTOR has read and understands the contract documents for construction and shall provide a description of firms management team and experience (use additional sheets if necessary): _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ CONTRACTOR has read and understands the contract documents for construction and shall provide a description of firm’s safety record (use additional sheets if necessary): _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________

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CONTRACTOR has read and understands the contract documents for construction and shall provide a description of firm’s equipment availability and age (use additional sheets if necessary): Equipment type Age of equipment (yrs) Available (start to end) _______________________________ __________________________ ____________________ _______________________________ __________________________ ____________________ _______________________________ __________________________ ____________________ _______________________________ __________________________ ____________________ _______________________________ __________________________ ____________________ _______________________________ __________________________ ____________________ _______________________________ __________________________ ____________________ _______________________________ __________________________ ____________________ _______________________________ __________________________ ____________________ _______________________________ __________________________ ____________________ _______________________________ __________________________ ____________________ _______________________________ __________________________ ____________________ CONTRACTOR has read and understands the contract documents for construction: _______________________________ Date of submission _______________________________ _______________________________ Signature Title _______________________________ _______________________________ Company Tax Payer ID#: _______________________________ Date CONTRACTOR agrees to perform all the work described in the CONTRACT DOCUMENTS for the following unit prices or lump sums: NOTE: BIDS shall include sales tax and all other applicable taxes and fees.

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Woodman Creek Barrier Removal Project Base Bid Amount Worksheet

Type of Required Heavy Equipment1 and Construction Materials Hours/Days/Amounts

Heavy Equipment

Rate2

Standard Rate ($)

Daily overtime Rate ($)

Sub-Total ($)

1. Off-highway Dump Trucks (20 yd3) with locking Differential (specify # of dumps available: ____) 950 $ /hour - - $ Operator for off-highway dump trucks (20 yd3) 950 - $ /hour $ /hour $

2. Bulldozers (D-7) 900 $ /hour - - $ Operator for bulldozer (D-7) 900 - $ /hour $ /hour $

3. Hydraulic Excavator (45,000 lb) 200 $ /hour - - $ Operator for hydraulic excavator (45,000 lb) 200 - $ /hour $ /hour $

4. Hydraulic Excavator (72,500 lb) 950 $ /hour - - $ Operator for hydraulic excavator (72,500 lb) 950 - $ /hour $ /hour $

5. Water Trucks 900 $ /hour - - $ Operator for water trucks 900 - $ /hour $ /hour $

6. Backhoe 50 $ /hour - - $ Operator for backhoe 50 - $ /hour $ /hour $

7. Front-end Loaders 450 $ /hour - - $ Operator for front-end loader 450 - $ /hour $ /hour $

8. Grader 100 $ /hour - - $ Operator for grader 100 - $ /hour $ /hour $

9. Service truck 100 $ /hour - - $ Operator for service truck 100 - $ /hour $ /hour $

10. Work truck and trailer 850 $ /hour - - $ Operator for work truck and trailer 850

- $ /hour $ /hour $

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11. Low bed (mobilization and demobilization) 120 $ /hour - - $ Operator for low bed 120 - $ /hour $ /hour $

12.

Nontoxic Waste Removal (hauled off-site with highway legal dump trucks (10 yd3) 180

$ /hour - - $ Operator for nontoxic waste removal (hauled off-site with highway legal dump trucks (10 yd3) 180

- $ /hour $ /hour $ 13. Channel Plug Construction 1 Lump Sum - - $

14. All-terrain vehicles 150 $ /day - - $

15. 2 inch and 4 inch diameter trash pumps and generators 20 $ /day - - $

16. Sheeps foot compactor 13 $ /day - - $

17. Sieve/grizzly 30 $ /day - - $

18. Purchased Rip rap (delivered from quarry) 320 $ /ton - - $

19. Purchased Erosion Control Straw 1,500 $ /bale - - $

20. Purchased Erosion Control Seed 250 $ /lb - - $

21. Straw blower 5 $ /day - - $ Operator for straw blower 45 - $ /hour $ /hour $

22. Hot Water Pressure Washer 10 $ /day - - $

23. 6 inch diameter Flex Pipe: 250 $ /ft - - $

24. Silt Fence 400 $ /ft - - $

25. 5,000 Gallon Water Tanks with Float Valves: 5 $ /tank - - $

26. Firehose 10,000 $ /ft - - $

27. Oxy-Acetylene Torch 10 $ /day - - $

28. Rock Slope Protection Fabric 9,000 $ /ft2 - - $

29. Portable Toilets 120 $ /day - - $

30. Laborer (Area 2), Group 1 Classification 1,500 $ /hour $ /hour $ /hour $

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31. Laborer (Area 2), Group 2 Classification 500 $ /hour $ /hour $ /hour $ 32. Laborer (Area 2), Group 3 Classification 1,400 $ /hour $ /hour $ /hour $ 33. Laborer (Area 2), 4 Classification 200 $ /hour $ /hour $ /hour $ 34. Local disposal fee (Spoils site #1, #3A, and #3B) 1 - - - $37,200

Total Estimated Costs $ 1Type of required equipment must include: fully functional heavy equipment in the equivalent weight range. 2Hourly rental rate must include: a fueled and properly lubricated, fully functional and leak free piece of heavy equipment without an operator. The hourly rental rate per piece of heavy equipment must also include any other administrative, overhead and bonding costs. The hourly rate per each labor class for 1) prevailing wage rates standard work hours, 2) prevailing wages rates for daily overtime, and 3) rental rate for each piece of equipment is the only quote required, followed by an accurate sub-totaling and total of overall bid amount, Not to Exceed Engineer’s Estimated Project Cost.

TOTAL BASE BID AMOUNT (in words and numbers): _____________________________________________________________________dollars $___________________________ (words) (numbers) Signature _______________________________ Title _______________________________ CONTRACTOR shall possess a Class "A",”C12” or “C61” License or at the time this contract is bid or a combination of classes required by the categories and type of work included in this contract. Note: Contract award will be made to a CONTRACTOR as selected by CalTrout. Any one bid item that is obviously off-set in the opinion of CalTrout will result in the entire bid being rejected.

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Bid item checklist: All contract documents shall include the following originally signed documents:

•! Contractors bid schedule including, project description, hourly, daily and weekly work schedule, equipment availability and age, and safety record; pages 27-29

•! Woodman Creek Barrier Removal Project base bid amount worksheet and listed total amount; pages 30-32

•! Department of Industrial Relations Reporting worksheet; page 34 •! Public contract code Section 10285.1 Statement; page 35 •! Non collusion affidavit; page 36 •! Related project experience and references, page 37 •! Bid bond

It is further agreed that: (a)! In case of a discrepancy between words and figures, the words shall prevail, and in the case of

a discrepancy between unit prices and totals, whichever results in the lowest price to CalTrout shall prevail.

(b)! CalTrout reserves the right to eliminate any section of this proposal from the contract without

claim of the CONTRACTOR for profits lost.

(c)! No verbal agreement or conversation with any officer, agent, or employee of CalTrout, either before or after the execution of the Agreement, shall affect or modify any of the terms or obligations of this proposal.

(d)! CalTrout will not be responsible for any errors or omission on the part of the undersigned in making up his/her CONTRACT DOCUMENTS, nor will the CONTRACTOR be released on account of error.

(e)! The undersigned CONTRACTOR is properly licensed in accordance with the State of California Act providing for the registration of Contractors.

(f) The Undersigned CONTRACTOR certifies that he/she has confirmed that the proposed form of contract, and the plans and specifications are complete.

Respectfully submitted: Signature: ______________________________ Title:_________________________________ Company: __________________________________ Tax Payer ID#:_______________________ Address: ______________________________ City/State/Zip:___________________________ ___________________________ License number: _________________________ Seal (if Bid is by a corporation):_____________ Date: ______________________________

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CalTrout Department of Industrial Relations Reporting

CalTrout has the obligation to report this contract to the Department of Industrial Relations (DIR) and provide various information including that specified below. In addition to filling out this form for CalTrout, you have the obligation to submit certified payroll records directly to DIR.

Project: Woodman Creek Barrier Removal Project.

Contractor Name: Contractor Mailing Address: Contractor E-mail Address: Contractor Telephone: Contractor License Number: DIR Registration Number: Classification(s) or type(s) of workers that will be employed by the contractor for this project:

Subcontractors: License Number:

DIR Number:

Worker Classifications:

Work to Be Performed:

I certify that the information set forth above is correct and that I am authorized to provide this information on behalf of the contractor named in the first line above.

(Signature)

Date

(Printed Name)

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PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT In accordance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the Contractor hereby declares under penalty of perjury that the Contractor 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 CONTRACTOR must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing the signature portion thereof shall also constitute signature of this Statement. CONTRACTORS are cautioned that making a false certification may subject the certifier to criminal prosecution. Respectfully submitted: Signature: _______________________________ Title: _______________________________ Company:_______________________________ Tax Payer ID#:_________________ Date:_____________

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DO NOT DETACH NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY EACH AWARDEE OF A PRINCIPAL CONTRACT STATE OF CALIFORNIA}

} ss. COUNTY OF MENDOCINO} , being first duly sworn, deposes and says:

That she/he is __________________________________________________ , the party making the foregoing proposal or bid; that such proposal or bid is genuine and not collusive or sham; that said CONTRACTOR has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not, in any manner, directly or indirectly, sought by agreement of collusion, or communication or conference, with any person, to fix the bid price or affiant or of any other bidder, or to fix any overhead, profit or cost element of said bid price, or of that of any other bidder, or to secure any advantage against the Owner or any person interested in the proposed contract; and that all statement in said proposal, bid, or qualifications are true.

(Fill in description of contract)

Signature of CONTRACTOR

Business Address

Place of Residence

Subscribed and sworn to before me this ___________ day of ___________________ 2017

Notary Public in and for the County of _____________________________ State of California. My Commission Expires______________(date)

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RELATED PROJECT EXPERIENCE

CONTRACTOR shall furnish the information requested below regarding three similar projects previously completed by the CONTRACTOR. List projects related to in-channel construction, earth moving, and road upgrading and decommissioning (add additional pages if necessary). PROJECT NAME:_____________________________________________________________ Brief description of project: _______________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Period of construction: __________________________ Project Cost:______________________ Reference (entity name, contract name, and phone): ____________________________________ ______________________________________________________________________________ PROJECT NAME:_____________________________________________________________ Brief description of project: _______________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Period of construction: __________________________ Project Cost:______________________ Reference (entity name, contract name, and phone): ____________________________________ ______________________________________________________________________________ PROJECT NAME:_____________________________________________________________ Brief description of project: _______________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Period of construction: __________________________ Project Cost:______________________ Reference (entity name, contract name, and phone): ____________________________________ ______________________________________________________________________________ Total years of watershed and fisheries construction experience (_______years)

Respectfully submitted: Signature _______________________________ Title _______________________________ Company:_______________________________ Tax Payer ID#:_________________ Date:_____________

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SECTION 6. SAMPLE NOTICES AND CONTRACT

SAMPLE NOTICE OF AWARD PROJECT DESCRIPTION:

Woodman Creek Barrier

Removal Project To: CalTrout has considered the CONTRACT DOCUMETS submitted by you for the above described WORK in response to its Notice to Contractors dated __________, 2017, and Instruction to Contractors. You are hereby notified that your BID has been accepted for items in the amount of $__________________________ You are required by the Instruction to Contactors to execute the Agreement and furnish the required CONTRACTOR'S Performance Bond and certificates of insurance within five (5) business days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said BONDS within five (5) business days from the date of this Notice, CalTrout will be entitled to consider all your rights arising out of CalTrout’s acceptance of your BID as abandoned and as a forfeiture of your BID BOND. CalTrout will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to CalTrout. Dated this ____ day of January, 2018. Owner: ____________________________ By: _______________________________ Title: _____________________________

ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged by this on the day of , 2017. By: _______________________________________ Title: _____________________________________

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CALIFORNIA TROUT INC.

651 11th Street • Arcata, CA 95521 Ph 707-825-0420 / www.caltrout.org

SAMPLE AGREEMENT FOR SUBCONTRACTOR SERVICES

THIS AGREEMENT is made and entered into this day of ________, _____, by and between California Trout, Inc. (hereinafter referred to as "CalTrout"), and _______________________________ (hereinafter referred to as "CONTRACTOR"). CalTrout hereby contracts for, and CONTRACTOR hereby agrees to furnish products and related services in connection with CalTrout’s Project, Number ________, which is known as Woodman Creek Barrier Removal Project. This contract (referred to herein as "Agreement") is authorized by and funded under CalTrout's contract or work authorization for California Trout (CALTROUT) (referred to as "Client") which also governs the conduct of the work contracted for herein to the extent not inconsistent with the terms of this Agreement. The terms of this Agreement are as follows:

1. CONTRACT DOCUMENTS: The following Contract Documents relating to this Contract for Construction are hereby made a part of and incorporated by reference into this Contract:

I.! Request for Qualifications and Invitation to Bid A.! Engineering Plans/Drawings and Specifications prepared for this Project. B.! State of California Dept. of Transportation, 2010 Standard Specifications C.! State of California Dept. of Transportation, 2010 Standard Plans D.! Any Supplemental Contract Information

II.! Proposal & Sample Contract A.! List of Subcontractors B.! Non-Collusion Declaration C.! Related Project Experience

III.! Construction Contract A.! 100% Design Plans and PWA Report No. 171027701 (Appendix A) B.! CEQA and Permits (Appendix B) C.! Heavy Equipment and Labor Daily Timesheet Sample (Appendix C) D.! Certificates of Insurance, Endorsements, and other evidence of insurance provided pursuant to this Contract and accepted by CalTrout (Appendix D)

2. CONTRACTOR agrees in the performance of work, duties, and obligations devolving upon it. CalTrout is retaining CONTRACTOR to carry out various tasks as detailed in attached Scope of Work prepared by CalTrout in order to carry out the work of the Woodman Creek Barrier Removal Project. CONTRACTOR will implement the Project as determined by CalTrout in accordance with the terms, conditions and specifications in the Woodman Creek Barrier Removal Project, hereinafter called “PROJECT”. All contract documents hereby incorporated as a part of this Agreement are included in Appendix A. The Exhibit shall have the same force and effect as if included in the text of this Agreement. However, the Exhibit's Scope of Work may be modified without amendment of this

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Agreement upon the CONTRACTOR'S submission of proposed modifications and CalTrout’s written approval of it. The Exhibit’s Work Plan may be modified without amendment of this Agreement to include additional Road Logs as they are developed by CalTrout and approved for inclusion in the project. 3. CONTRACTOR agrees that it will at all times perform its duties under the Project to the best of its ability and in accordance with the highest scientific, professional and ethical standards of its profession. All services to be performed by CONTRACTOR pursuant to this Agreement shall be performed in accordance with all applicable federal, state, county and municipal laws, ordinances and regulations. 4. CalTrout has developed the Scope of Work for the PROJECT, including but not limited to: developing detailed designs and specifications for all recommended erosion control measures, provide sole day to day on-site supervision, quality control and decisions, receive and verify all invoices for work performed by the CONTRACTOR. CONTRACTOR and CalTrout agree that all designs, plans, reports, specifications, photographs, drawings, schematics, prototypes, models, inventions and all other information and items made or used during the course of implementing the Project shall be jointly owned by CalTrout, PWA, and MLA. CONTRACTOR agrees to refer all outside requests for information about specific properties, restoration projects, or landowners to CalTrout and shall keep such information as confidential. 5. CONTRACTOR shall provide the following: a) Close coordination with CalTrout, PWA, and MLA staff and other involved entities, including local, state and federal agencies, as well as, the local landowner and participation in meetings and other communications as necessary to ensure coordination. b) A written copy of any proposed subcontracts, in whole or in part, contemplated by the CONTRACTOR prior to initiation for review, action and approval by CalTrout. c) A written daily and weekly heavy equipment log will be maintained by the CONTRACTOR, and submitted to CalTrout on a weekly basis, and when invoices are submitted to CalTrout. This log shall be available for inspection at all times.

i. Equipment Log List all equipment time expended during each day and the operator using each piece of equipment daily. When a specific site is being treated, list that site along with the hours spent on that site by each piece of equipment. When time is spent on road drainage work between sites, briefly describe what type of work is being done. Data shall be filled out on the equipment log provided by CalTrout.

d) Compliance with all provisions of state labor code regarding prevailing wages, including the submission of all necessary documentation and maintenance of all required records by California labor code. i. Contract Award Information

Submit from DAS 140 for every trade to be used on the project to every applicable local apprenticeship committee in the area of work prior to construction. Provide a copy of each submitted DAS 140 to CalTrout, the California Apprenticeship Council (P.O. Box 420603, San Francisco, CA 94142).

ii. California Apprenticeship Council (CAC) Contribution Submit monthly, form CAC-2, to the CAC and contribute the appropriate funds to the CAC at P.O. Box 420603, San Francisco, CA 94142.

iii. Payment of Prevailing Wage Rates Pay all project workers no less than the applicable general prevailing wage rates for the state of California.

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e) Proof that the CONTRACTOR has secured a valid contractor’s performance bond for the PROJECT guaranteeing the faithful performance of the contract and payment of all labor and materials to all subcontractors and material suppliers. The value of the bond shall be for 100% of the compensation value agreed upon in this contract.

6. This Agreement shall commence upon signing of both parties and shall continue in effect until November 1, 2018. This Agreement may be amended upon mutual written consent of CalTrout and the CONTRACTOR. 7. This Agreement is expressly made contingent upon the execution of the above-described agreement. Upon termination of the above document for any cause whatsoever, CalTrout shall notify CONTRACTOR and this Agreement shall terminate upon CalTrout’s written notice. CalTrout shall pay all amounts to the CONTRACTOR for work already accomplished and properly invoiced for.

8. This Agreement may be terminated for other causes by either party by furnishing the other party with written notice at least thirty (30) days prior to such termination. If CalTrout terminates this Agreement, the CONTRACTOR shall take all reasonable measures to prevent further costs to CalTrout under this Agreement, and CalTrout shall be responsible for any reasonable and non-cancelable obligations incurred by the CONTRACTOR in the performance of this Agreement prior to the date of the notice to terminate, but only up to the undisbursed balance of funding authorized in this Agreement. Payments made to CONTRACTOR or recovered by CalTrout under a termination for cause shall be in accordance with the legal rights and liabilities of the CONTRACTOR and CalTrout. If any action of law is brought by either party to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs. 9. This Agreement is for services and may not be assigned, in whole or in part, by CONTRACTOR without CalTrout’s prior written consent, which consent shall not be unreasonably withheld. Any assignment in violation of this section shall be null and void. Further, CalTrout may terminate this Agreement effective immediately if CONTRACTOR assigns any responsibility under this contract without CalTrout’s consent. 10. The maximum compensation to CONTRACTOR, its employees and sub-contractors, for services under this Agreement shall not exceed the amount of the CONTRACTOR bid as outlined and directly related to CONTRACTOR’s portion of the contract BUDGET specified for the PROJECT. Payments not to exceed amounts for actual costs of time and materials, as per the bid document rates and values, shall be made incrementally and periodically as the CONTRACTOR’S services are provided and approved by CalTrout over the lifetime of this Agreement. CONTRACTOR may submit invoices no more frequently than monthly. Invoices must be received by CalTrout prior to the 25th of any month the CONTRACTOR is submitting an invoice. All payment requests must be submitted with a daily equipment log itemizing equipment hours spent on each work site or road reach within the Project. Items that are to be paid Lump Sum shall be invoiced based on percent complete. Invoices shall describe the nature and extent of the services actually performed and completed during the covered period stated on the invoice. Invoices are subject to approval by CalTrout. CONTRACTOR agrees to provide such additional documentation as may be required by CalTrout regarding CONTRACTOR’S request for payment. Any payments under this Agreement shall be due and payable to the CONTRACTOR only following receipt by CalTrout of funds from the CALTROUT funding source. CalTrout shall have no liability for payment unless and until said funds are received by CalTrout. Typically, it takes 60 to 90 days from the date the CONTRACTOR’S invoice is received by CalTrout for other funding sources to pay CalTrout.

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11. All work initiated hereunder by the CONTRACTOR shall be subject at all times to inspection by authorized representatives of CalTrout and shall be accomplished to the satisfaction of CalTrout. 12. CONTRACTOR is an independent contractor. No relationship of employer/employee exists between the parties hereto. Performance of services under this Agreement shall be in an independent capacity. Because of its status as an independent contractor, CONTRACTOR waives any and all employment benefits available to CalTrout employees. It is the CONTRACTOR’S responsibility to provide workers compensation and payroll deductions and contributions to its employees for any worker benefits or tax purposes as provided for by law.

13. CONTRACTOR shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. CONTRACTOR shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. CONTRACTOR shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. CONTRACTOR shall give written notice of its obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. 14. CONTRACTOR shall maintain acceptable financial management systems during the term of this Agreement. Such systems shall provide accurate, current and complete disclosure of the financial activity under this Agreement. CONTRACTOR shall maintain standard financial accounts, documents, and records that relate to the services it performs under this Agreement. The CONTRACTOR may use any accounting system which follows the guidelines of “Generally Accepted Accounting Principles” published by the American Institute of Certified Public Accountants. CONTRACTOR agrees that that CalTrout, California Department of Fish and Wildlife, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Contract. CONTRACTOR agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. CONTRACTOR agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. 15. To the fullest extent allowed by law, CONTRACTOR agrees to defend with counsel approved by CalTrout, indemnify, and hold harmless 1) CALTROUT, 2) PWA, and 3) MLA and their officers, agents and employees (collectively, “INDEMNIFIED PARTIES”) against any and all liability, claims, damages, costs, losses, and expenses (including without limitation reasonable attorneys’ fees, expert fees, and all other costs and fees of litigation) of every nature, in any manner resulting from, arising out of, or in connection with CONTRACTOR’s performance of the work under this Agreement, regardless of the CONTRACTOR’S fault or negligence, except such loss or damage that is caused by the sole negligence or willful misconduct of any of the INDEMNIFIED PARTIES. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

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16. CONTRACTOR shall comply with all federal, state and local safety and health laws, regulations and standards, including California Labor Code sections 6400, et seq., related provisions of the California Code of Regulations and standards of the California Occupational Safety and Health Board, all as amended from time to time and if applicable shall operate under a current Injury and Illness Prevention Plan that complies with section 3203 of Title 8 of the California Code of Regulations. Failure of CONTRACTOR to comply with all federal, state and local health and safety laws, rules and regulations is grounds for immediate revocation of this contract. CONTRACTOR is responsible for safety and health conditions in connection with all activities included in this agreement. CONTRACTOR has primary and ultimate responsibility for instructing and supervising its employees on safe work practices. It is the CONTRACTOR’S responsibility to protect its own and others’ employees from such hazards. CONTRACTOR is responsible for identifying existing on-site hazards in its area of activities and for taking appropriate actions to inform its employees how to recognize and avoid hazards and to protect its own and others’ employees from those hazards. If CONTRACTOR creates or causes a hazard in the course of the project activities, CONTRACTOR is responsible for correcting the hazard. CONTRACTOR has an obligation to immediately notify CalTrout and others at the property whenever CONTRACTOR becomes aware of a hazard that CONTRACTOR cannot remove or correct immediately. 17. CONTRACTOR shall indemnify CalTrout, PWA, and MLA and their officers, agents and employees, and hold harmless from and against any and all loss, cost, damage, expense or claim any kind and nature (including, without limitation, court costs, expenses and attorney’s fee) paid, incurred or suffered by, or asserted against, CalTrout, PWA, and MLA and their officers, agents and employees as a direct or indirect result of the presence on or under, or the escape, seepage, leakage, spillage, discharge, emission or release from, the project area, of any Hazardous Materials arising out of, in connection with, or in any manner related to the project activities or any actions or omissions of the CONTRACTOR. The provisions of this paragraph shall survive the expiration or termination of this contract. 18. Venue and jurisdiction for any dispute arising between the parties regarding the Agreement shall be in the County of Humboldt. 19. Notices: Any notices to be given hereunder by either party to the other may be effected either by personal delivery or mail. Mail shall be sent registered or certified, postage pre-paid, return receipt requested. Mailed notices shall be addressed to the parties at the addresses set forth below, but each party may change its address by written notice in accordance with this paragraph. Notices delivered personally shall be effective immediately. Notices sent by mail shall be effective one (1) day after mailing. Notices sent by facsimile shall be effective upon transmission to the number set forth below. Darren Mierau, North Coast Director, North Coast Region, Mailing address_____________________ Insert CONTRACTOR info and, Mailing address______________________] 20. Waiver: No waiver of any breach of the terms, conditions or covenants of this Contract shall be construed to be a waiver of any succeeding breach of the same or any other covenants, conditions or terms of this Contract. 21. Time of the Essence: Time is of the essence in this Contract. 22. Entire Agreement: It is expressly agreed between CalTrout and CONTRACTOR that this Contract, including the Contract Documents listed in paragraph 2 and incorporated herein, expresses

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the complete and integrated agreement between the parties and supersedes all prior oral or written negotiations, agreements and understandings between them regarding the subject matter hereof. There are no other terms and provisions, implied or otherwise, written or oral, respecting the subject of this Contract.

The Effective Date of this Agreement is: _____________, 2018. By: ______________________________ Contractor: _____________________ Darren Mierau Name: North Coast Director Address: 651 11th St, Arcata, CA 95521 Phone: email:

Tax Payer ID# ___________________

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(DO NOT DETACH)

SAMPLE PERFORMACE BOND

KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, California Trout has

awarded to:__________________________________________________________________________ hereinafter designated as the "Contractor," a contract for the:

Woodman Creek Barrier Removal Project

WHEREAS, said "Contractor" is required under the terms of said contract to furnish a bond for the faithful performance of said contract, NOW THEREFORE, we ____________________________________________________________as "Contractor and ____________________________________________________________ as surety are held and firmly bound unto CalTrout, hereinafter called the "Owner," in the penal sum of __________________________________________________________Dollars and duly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the hereby bonded CONTRACTOR, his or its heirs, executors, administrators, successors or assigns shall in all things stand to and abide by and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the said contract and any alteration thereof, made as therein provided, all within the time and in the manner therein designated and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise it shall remain in full force and effect. FURTHER, THE SAID SURETY, FOR VALUE RECEIVED, HEREBY STIPULATES AND AGREES that no change, extension of time, alteration or modification of the Contract Documents or of the work to be performed there under, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or modification of the Contract Documents or of the work performed there under.

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IN WITNESS WHEREOF, four (4) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the CONTRACTOR and Surety herein named, on the day of , 2018, the name and corporate seal of each corporate party affixed, and these presents duly signed by its undersigned representative pursuant to authority of its governing body.

Date

Contractor

By

Title

Seal Surety By

Address of Surety

City State Zip

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Woodman Creek Barrier Removal Project

SAMPLE NOTICE TO PROCEED IN 5 BUSINESS DAYS

You are hereby informed that all contract and construction documents have been executed and are given notice to proceed within 5 BUSINESS DAYS. I hereby acknowledge receipt of this notice: California Trout, Inc. Date North Coast Director CONTRACTOR Date

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APPENDIX A

Woodman Creek Barrier Removal Project

100% Design plans

1. 100% Roads, Rails, and Spoils Management Plan (PWA, 2016) 2. California Trout Plans for Construction of the Woodman Creek Barrier Removal Project (MLA, 2016).

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APPENDIX B

CEQA and Permits

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Appendix C. Heavy Equipment and Labor Daily Timesheet Sample

Woodman Creek Barrier Removal Project DAILY AND WEEKLY HEAVY EQUIPMENT AND LABOR LOG

Dat

e (2

018)

Ope

rato

r In

itial

s

PWA

Si

te #

Site

Typ

e (R

ollin

g di

p,

othe

r, e

tc.)

EX

C

hou

rs

DO

ZE

R

hour

s

DUMP TRUCK

WATER TRUCK

TR

UC

K/

TR

AIL

ER

ho

urs

MIS

C.

EQ

UIP

. (t

ype

and

hour

s)

LA

BO

R

hour

s

Materials (flex pipe,

pumps, etc)

COMMENT

Hou

rs

Loa

d #

Dri

ve

hour

s

Spra

y

hour

s

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Appendix D.

Certificates of Insurance, Endorsements, and other evidence of insurance provided pursuant to this Contract and accepted by CalTrout