SAN BERNARDINO COUNTY

SOLID WASTE MANAGEMENT DIVISION

222 West Hospitality Lane, 2nd Floor San Bernardino, CA 92415-0017

Fax: 909-386-8900

ADDENDUM NO. 1

TO THE PLANS AND BID DOCUMENTS FOR THE LANDFILL GAS FLARE STATION

at the MID VALLEY SANITARY LANDFILL in Rialto, California

October 30, 2025

The following changes and/or additions shall be made to the Plans and Bid Documents for the Landfill Gas Flare Station at the Mid Valley Sanitary Landfill. All other requirements of the Plans and Bid Documents shall remain the same.

The following changes shall be made part of the Contract Documents and the Bidder should acknowledge receipt thereof on the Bid Proposal.

I. PROJECT PLAN AND SPECIFICATION REVISIONS

1. Please be advised to disregard the attachment labeled “MV Flare Specifications” currently posted on the ePro website under the Attachments tab.

For bidding purposes, please reference and utilize the attached Special Provisions uploaded with this addendum.

II. PROJECT QUESTIONS AND ANSWERS

1. Sukut is looking to bid the above mentioned project. When we go on the County’s EPro site, I see the Technial Specifications, but not the front end contract documents. When does the County expect those to be provided to bidders?

A1. Please use the attached Special Provisions uploaded with this addendum for bidding purposes.

If you have any questions, please Pete Ligorria at (909) 386-8701 or you may contact me at (909) 386- 9017.

Johnny Gayman, P.E. Date Chief Engineer

10/30/2025

ATTACHMENT NO. 1

MV Landfill Gas Flare Station

BID DOCUMENTS

For The

LANDFILL GAS FLARE STATION AT THE

MID-VALLEY SANITARY LANDFILL

October 2025

SAN BERNARDINO COUNTY

DEPARTMENT OF PUBLIC WORKS

SOLID WASTE MANAGEMENT DIVISION

have been approved by:

Noel Castillo, P.E. Date Director have been prepared by or under the direction of the following Registered Engineers:

Marc Rodabaugh, P.E. Date Deputy Director

Johnny Gayman, P.E. Date Engineering Manager

10/02/2025

10/02/25

10/3/25

Noel Castillo e sig vector

SWMD Bid Docs – 11/14/02 Rev. 11/2/16

TABLE OF CONTENTS

WHITE PAGE

ADVERTISEMENT FOR BIDS 1

PINK PAGE

BID PROPOSAL CHECKLIST AND ASSEMBLY 3

YELLOW PAGES

INSTRUCTIONS TO BIDDERS 5

BIDDER’S QUALIFICATIONS 14

BID 17

ADDENDA ACKNOWLEDGEMENT 20

BID SCHEDULE 21

BID BOND 23

BID SECURITY FORM 25

CONTRACTOR’S LICENSING STATEMENT 27

LIST OF SUBCONTRACTORS 28

CONTRACTOR CERTIFICATION CALIFORNIA AIR RESOURCES BOARD 30

NON-COLLUSION DECLARATION FOR PRINCIPAL 31

NON-COLLUSION DECLARATION FOR SUBCONTRACTORS 32

FAITHFUL PERFORMANCE BOND 33

LABOR AND MATERIAL BOND 35

CONTRACTOR’S AFFIDAVIT AND FINAL RELEASE 37

STATE WAGE DETERMINATIONS GREEN PAGES

BLUE PAGES

STANDARD CONTRACT SC-1

GENERAL CONDITIONS GC-1

TECHNICAL SPECIFICATIONS WHITE PAGES

APPENDIX A – HEALTH AND SAFETY PROVISIONS...…………..WHITE PAGES

SWMD Bid Docs – 11/14/02 Rev. 11/2/16 1

SAN BERNARDINO COUNTY

LANDFILL GAS FLARE STATION

at the Mid-Valley Sanitary Landfill

Rialto, California

Notice is hereby given that San Bernardino County, Department of Public Works – Solid Waste Management Division on behalf of the Board of Supervisors of San Bernardino County, California will receive sealed bids no later than 10:00 a.m. on Tuesday, December 9, 2025 at the Department of Public Works, Solid Waste Management Division, 222 W. Hospitality Lane, 2nd Floor, San Bernardino, California, 92415-0017, at which time the bids will be publicly opened and declared for the Landfill Gas Flare Station at the Mid- Valley Sanitary Landfill. Bids received after this time will not be considered.

Bids in response to this solicitation may be submitted through the San Bernardino County Electronic Procurement Network (ePro) https://epro.sbcounty.gov/epro/ or in person at the Department of Public Works, Solid Waste Management Division. All bidders must register with the ePro system prior to the date and time to receive sealed bids or they will be disqualified.

A mandatory pre-bid meeting for prospective bidders will be held at the address above in Conference Room “A”, at 10:00 a.m. on Thursday, November 13, 2025. Entrance will not be permitted to the mandatory pre-bid meeting in progress. A mandatory job walk will immediately follow the pre-bid meeting at the Mid-Valley Sanitary Landfill, 2390 Alder Ave, Rialto CA 92377. Bids from bidders not represented at both the meeting and job walk will be rejected. Please bring proper Personal Protection Equipment consisting of safety vest, hard hat and working boots.

This project requires a State Contractor’s “A” License.

The Bid Documents, including final plans and specifications, are available at no cost to the bidder in ePro. Copies of the prevailing wage rates are on file at the office of Solid Waste Management Division and shall be made available to any interested party on request.

Copies are also included in the Bid Documents.

No bid may be withdrawn after the scheduled bid opening, or within sixty (60) days thereafter.

The County reserves the right to reject or accept any and all bids, to waive technical errors, discrepancies or informalities of a bid not affected by law, if to do so seems to best serve the public interest. Bids may be rejected if they show any alteration of form, additions, conditions, erasures, or irregularities of any kind, and incomplete bids will be rejected.

The work is expected to start on or about January 2026. Any questions regarding this project shall be addressed in writing to the Project Manager, Pete Ligorria, via Fax at (909) 386-8900, or via email at pete.ligorria@dpw.sbcounty.gov. Do not contact the design consultant. No questions will be answered within five (5) calendar days of the bid opening.

https://epro.sbcounty.gov/epro/

SWMD Bid Docs – 11/14/02 Rev. 11/2/16 2

By order of the Board of Supervisors of San Bernardino County, dated at San Bernardino, California, July 25, 2023.

By:

Noel Castillo, P.E., Director Date

San Bernardino County

10/3/25

Noel Castillo e sig vector

SWMD Bid Docs – 11/14/02 Rev. 11/2/16 3

BID PROPOSAL CHECKLIST AND ASSEMBLY

IMPORTANT

Failure to Properly Complete Bid Package May Result in Rejection of Bid

CHECK BOX

TITLE AND PAGE(S) IF DONE/SUBMITTED

REGISTERED AS A VENDOR IN THE EPRO SYSTEM PRIOR TO

DATE AND TIME TO RECEIVE BID - Yellow Page 6

IF SUBMITTING BID THROUGH EPRO, ORIGINAL BID SECURITY

SUBMITTED IN A SEPARATE SEALED ENVELOPE LABELED "BID

BOND" WITH THE PROJECT TITLE AND NUMBER AND NAME OF

BIDDER MARKED ON OUTSIDE OF ENVELOPE TO SAN

BERNARDINO COUNTY, DEPARTMENT OF PUBLIC WORKS-SOLID

WASTE MANAGEMENT DIVISION. MUST BE RECEIVED ON OR

BEFORE THE TIME SET FOR THE OPENING OF BIDS. - Yellow Page 6

IF SUBMITTING A BID THROUGH EPRO, SCAN AND ATTACH

TO YOUR QUOTE THE FULLY EXECUTED BID PROPOSAL

DOCUMENT - Yellow Page 6

BIDDER’S QUALIFICATIONS – Yellow Pages 14-16*

BIDDER INFORMATION IS COMPLETE AND CORRECT

BID (Must be signed) – Yellow Pages 17-20*

CORRECTIONS OR CHANGES TO THE BID DOCUMENTS FOR

BIDDER ERRORS ARE INITIALIZED

BID PROPOSAL IS SIGNED BY AUTHORIZED

REPRESENTATIVE - Yellow Page 20

ADDENDA ACKNOWLEDGEMENT – Yellow Page 20*

REPLACEMENT BID SHEETS FOR ADDENDA ARE SUBSTITUTE

IN SEQUENCE, IFAPPLICABLE

BID SCHEDULE – Yellow Pages 21 to 22-4*

SWMD Bid Docs – 11/14/02 Rev. 11/2/16 4

UNIT COST IS ENTERED FOR ALL BID ITEMS

(OR ALTERNATE BID ITEMS)

BID BOND/ SECURITY:*

BID BOND (See Instructions to Bidders) – Yellow Pages 23-25

OR

BID SECURITY (See Instructions to Bidders) – Yellow Page 25

CONTRACTOR’S LICENSING STATEMENT – Yellow Page 27*

LIST OF SUBCONTRACTORS – Yellow Pages 28-30**

CONTRACTOR CERTIFICATION (CARB) Yellow Page 30**

NON-COLLUSION DECLARATION FOR PRINCIPAL – Yellow Page 31*

NON-COLLUSION DECLARATION FOR SUBCONTRACTORS –

Yellow Page 32***

* IF NOT COMPLETED AND SUBMITTED WITH BID, BID WILL BE DECLARED

NONRESPONSIVE

** IF NOT COMPLETED AND SUBMITTED WITH BID, CONTRACTOR IS REQUIRED

TO COMPLETE ALL WORK, EXCEPT AS OTHERWISE PROVIDED IN THE BID

PACKAGE

***MUST BE SUBMITTED NO LATER THAN FOUR WORKING DAYS AFTER BID

OPENING OR BID WILL BE DECLARED NONRESPONSIVE

SWMD Bid Docs – 11/14/02 Rev. 11/2/16 5

INSTRUCTIONS TO BIDDERS

I. PREPARATION OF FORMS AND BID

A. To receive consideration, the bid shall be submitted on the properly completed forms attached and shall be made in accordance with these Instructions to Bidders including being enclosed in a sealed envelope marked and addressed as directed.

B. All blank spaces in the Bid Documents shall be properly filled. Bids shall contain no recapitulation of the work to be done. The phraseology of the bid must not be changed and no additions shall be made to the items mentioned therein. Unauthorized conditions, limitations, or provisions attached to a bid including any erasure or interlineations, must be explained or noted in the bid over the signature of the bidder. Alternative bids will not be considered unless specifically provided for in the Bid Documents. Oral, telegraphic or telephonic proposals or modifications will not be considered.

C. The Bid Schedule shall be completed as provided herein.

D. If an individual makes the bid, it shall be signed with his or her full name and address; if it is made by a partnership, it shall be signed with the partnership name and by a partner of the firm, and the name and address of each partner shall be given. If a bid is a joint venture, it shall be signed by a member of the joint venture and the full names and addresses, of all partners of the joint venture, shall be given. If a corporation makes the bid, a duly authorized officer of the corporation shall sign it in the corporation’s name, and the name and address of the officers and directors shall be given.

E. Do not contact the design consultant. Any questions regarding this project shall be addressed in writing to the Project Manager. The deadline for questions will be 12:00 p.m., November 25, 2025.

F. Bidders may not use either the design consultant or any subconsultants for performance of the work in accordance with Government Code 1090. Design consultants and subconsultants for this project are:

i. Tetra Tech BAS

ii. Advanced Earth Sciences

iii. Perennial Energy

II. ADDRESS

A. The envelope enclosing the bid shall be sealed and delivered, or mailed postage prepaid, to the attention of the Project Manager, to arrive at the following address on or before the time set for the opening of bids:

San Bernardino County, Department of Public Works Solid Waste Management Division

222 West Hospitality Lane, 2nd Floor San Bernardino, CA 92415-0017

B. The envelope shall be plainly marked with the name and address of the bidder in the upper left hand corner, labeled with the project title and number, and clearly marked “Bid Proposal”.

SWMD Bid Docs – 11/14/02 Rev. 11/2/16 6

C. Bids can also be submitted through San Bernardino County’s Electronic Procurement

Network (ePro) https://epro.sbcounty.gov/epro/. All bidders must register with the ePro system prior to the date and time to receive sealed bids or they will be disqualified. System related questions about ePro shall be directed to Vendor support at ePro.Vendors@buyspeed.com or at 1-855-800-5046. For procurement questions involving ePro, please contact the Purchasing Department at (909) 387-2060.

D. If sending the bid or bid bond to the Solid Waste Management Division in a mail envelope (i.e. Federal Express, etc.) please enclose the bid inside the mail envelope in a separately sealed envelope bearing the project title and number, and clearly marked “Bid Proposal or Bid Bond”. All mail, including Priority and Express Mail, sent via the U.S.

Postal Service is received by the County’s mail room then distributed to the Solid Waste Management Division. This can cause a delay in the receipt of bids. The County is not responsible for any delays caused by mail service to a different County location. It is Bidder’s responsibility to ensure bids and bid bonds are received at San Bernardino County, Department of Public Works, Solid Waste Management Division, 222 West Hospitality Lane, 2nd Floor, San Bernardino, CA 92415-0017, on or before the time set for opening of bids.

III. SUBMITTING THE BID

A. Bid must be submitted on or before the time set out in the published Advertisement for

Bid for the opening of bids or as the date is revised in any addendum issued by the County.

B. Bids submitted after the deadline set forth in paragraph A, above, will not be accepted and/or considered. It is the sole responsibility of the bidder to submit the bid in accordance with all of the provisions contained herein. All bid document submissions shall be the originally executed version.

C. Bids may be withdrawn upon the written request of the bidder prior to the time set forth for receiving and opening bids without forfeiture of the bid security and/or bond. If a bid is submitted through ePro, then the bid may also be withdrawn in ePro prior to the scheduled time for receipt of bids. Bids withdrawn within sixty (60) days after the bid opening may cause the forfeiture of the said bond and/or security as liquidated damages.

D. All bids (both paper and ePro) will be opened and read publicly. All bids submitted in the ePro system will be opened from the system’s “encrypted lock box” and read.

Bidders or their representatives are invited to be present at the opening. The bid summary sheet referencing both paper bids and ePro bids will be available through ePro and/or the Solid Waste Management Division for all bidders to view. The County reserves the right to waive any informality in any bid and to make award to the lowest responsible bidder as the interest of the County may require.

E. Receipt of addenda, if issued, shall be acknowledged in the space provided on Page 20 of this document. Bidders must acknowledge all addendums at this location, regardless of any acknowledgement of addendums in ePro.

IV. BID DEPOSIT (BID BOND)

The bidder shall submit with its bid either: (i) cash; or (ii) a cashier’s check or a certified check made payable to the County; or (iii) a surety bond made in favor of the County; any of https://epro.sbcounty.gov/epro/ mailto:ePro.Vendors@buyspeed.com

SWMD Bid Docs – 11/14/02 Rev. 11/2/16 7 such submissions to be in the amount of ten percent (10%) of the Total Bid, as guarantee that in the event of the failure by the bidder to execute the necessary contract within five (5) Working Days of the receipt of the Notice of Intent to Award Contract, and furnish the required contract bonds and insurance, the security or surety bond and the money payable thereon shall be, and remain, the property of San Bernardino County.

The standard printed bid bond form of any bonding company acceptable to the County may be used in lieu of the approved sample bond form supplied in these bid documents, provided the security stipulations protecting the County are not in any way reduced by use of the surety company’s printed standard form. If the bid is accompanied by cash, a cashier’s check or a certified check, within thirty (30) calendar days after execution of the contract and/or not later than sixty (60) calendar days after the Contract Award, the County will return each bidder’s bid security which accompanied its bid, except such security which may have been forfeited in accordance with the provisions stated herein.

If the bid is submitted through San Bernardino County Electronic Procurement Network (ePro) then scan the bid security (bid bond, etc.) and submit the scanned copy with your bid submittal in ePro, additionally, mail and submit the original bid security, in a separate sealed envelope labeled “Bid Bond” with the project title and number and clearly marked “Bid Bond” on the outside, to: San Bernardino County, Department of Public Works, Solid Waste Management Division, 222 West Hospitality Lane, 2nd Floor, San Bernardino, CA 92415- 0017. Any mailed or submitted bid security must be received on or before the time set for the opening of the bids.

V. STATE LICENCES

The bidder shall certify that it is currently the holder of a valid license as a contractor in the State of California and that the license is the correct class of license for the work described in the project drawings and specifications.

VI. LIST OF SUBCONTRACTORS FILED WITH BID AND SUBSTITUTION

In accordance with the provisions of Public Contract Code section 4100 et seq., each bidder shall submit with the proposal the name, location of the place of business, and the California contractor license number of each of the proposed subcontractors who will perform work, labor, or render service to the principal Contractor in an amount in excess of 0.5 of one percent of the Total Bid; and the general category or the portion of the work to be performed by each subcontractor.

If the bidder fails to specify a subcontractor for any work to be performed under the Contract, the bidder agrees to perform the work and shall not be permitted to subcontract that work except in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Board of Supervisors setting forth the facts constituting the emergency or necessity.

The bidder certifies that all listed subcontractor(s) are currently the holder of valid contractor’s license(s) in the State of California and the license(s) is the correct class of license for the work to be performed by the subcontractor(s).

The bidder certifies that it and all subcontractor(s) listed below have registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 (applicable for all bids submitted on or after March 1, 2015). The bidder agrees that no contractor or

SWMD Bid Docs – 11/14/02 Rev. 11/2/16 8 subcontractor may be awarded a contract for public work or perform work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 (applicable for all contracts awarded on or after April 1, 2015). The bidder acknowledges that the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

As required by Labor Code 1771.1(a) “A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.”

Where a hearing is required for a decision on the substitution of subcontractors, pursuant to the provisions of Chapter 4, Part 1, Division 2, Title 1 of the Public Contract Code (commencing with Section 4100) by the awarding authority or a duly appointed hearing officer, the Clerk of the Board of Supervisors shall prepare and certify a statement of costs incurred by the County for investigation, and to conduct the hearing, including the costs of any hearing officer and shorthand reporter appointed. For the purposes of a hearing for the substitution of subcontractors (pursuant to the Public Contract Code commencing with Section 4100) the awarding authority shall be the Director of the Public Works Department, or his/her designee.

The statement of costs shall be sent to the undersigned, who shall reimburse the County for all costs. If not paid separately, such reimbursement shall be deducted from monies due and owing to the undersigned prior to acceptance of the project.

VII. NON-COLLUSION DECLARATIONS

A Non-Collusion Declaration, signed under penalty of perjury, shall be executed by the bidder and submitted with the bid. A Non-Collusion Declaration, signed under penalty of perjury, shall also be executed by each of bidder’s subcontractors and submitted by the bidder within four (4) Working Days after becoming the successful bidder.

VIII. BIDDERS INTERESTED IN MORE THAN ONE BID

No person, partnership, joint venture, firm, or corporation shall make, file, or be interested in more than one bid. A person, partnership, joint venture, firm, or corporation who has submitted a subproposal to a bidder or who has quoted prices of materials to a bidder, is not hereby disqualified from submitting a subproposal or quoting prices to other bidders.

IX. INTERPRETATION OF DRAWINGS AND SPECIFICATIONS

If any bidder is in doubt as to the true meaning of any requirement or omissions from any drawing or specification, it shall submit to the County’s Project Manager, a written request for an interpretation or correction thereof. The written request must be received at least ten

(10) calendar days prior to the date fixed for opening of bids. The person making the request shall be responsible for its prompt delivery.

SWMD Bid Docs – 11/14/02 Rev. 11/2/16 9

Interpretations or corrections may be made only by addenda to each addition or change being furnished through the County to each prospective bidder. Only a written interpretation or correction by an addendum shall be binding.

X. LOCAL AND SITE CONDITIONS

A. Bidders shall read the specifications, visit the site(s), examine the drawings, and other contract documents and make their own estimates of the existing conditions and the difficulties which will attend the execution of the work called for by the proposed contract including uncertainty of weather and all other contingencies prior to submitting bids for the work.

B. Bidders shall satisfy themselves by personal examination of the proposed work and by such other means as they may choose as to actual conditions, limitations, and requirements that may affect the execution of the work and as to the accuracy of the quantities stated in the Bid Documents. Information derived from the maps, plans, specifications, profiles, drawings, or from the County’s Project Manager or assistants, shall not relieve the bidder of this responsibility.

C. The failure or omission of any bidder to receive or examine any form, instrument, addendum, or other document, or the bidder’s failure to visit and acquaint itself with conditions at the site or legal and regulatory requirements, shall in no respect relieve the bidder from any obligation imposed by its bid, regulations, guidelines, or by the contract. The submittal of a bid shall be taken as prima facie evidence of compliance with all instructions contained herein.

XI. GEOLOGIC, SOIL AND LANDFILL CONDITIONS

It shall be the bidder’s responsibility to make all examinations, investigations, borings and field studies necessary for any required excavation and embankment construction operation or health and safety practice or plan. The bidder is also responsible for obtaining any information needed to fully determine all cost factors related thereto, which shall be included in its bid price for the work. The submittal of a bid will be accepted as prima facie evidence that the bidder has undertaken all necessary steps to become, and is, fully informed of all geologic, soil, and landfill conditions that will influence the cost to perform the work and that due consideration of all such factors was taken by the bidder prior to making its bid.

XII. LOWEST RESPONSIBLE BID

In selecting the lowest responsible bidder, consideration will be given to the general competency for the performance of the work covered by the bid and the delivery schedule proposed by the bidder. To receive the bid and favorable consideration, a bidder shall be required to present evidence that it has successfully performed, within the last five (5) years, comparable work and projects, as set in the Bidder’s Qualifications form. The bidder shall state that its Project Manager and its associates are personally competent to manage the proposed undertaking and to carry it forward to a successful conclusion. Professional integrity and honesty of purpose shall be essential requirements.

SWMD Bid Docs – 11/14/02 Rev. 11/2/16 10

XIII. PREVAILING WAGES, PENALTIES, AND PROHIBITED SUBCONTRACTORS

A. The General Prevailing Wage Determination made by the Director of Industrial Relations pursuant to California Labor Code Part 7, Chapter 1, Article 2, Sections 1770, 1773, and 1773.1 are included in this Bid Package and must be complied with, as stated in Article 42 of the General Conditions. Updated wage rate determinations will be made available when they are issued and the successful bidder will provide copies to all subcontractors. Wage rates paid on this project must be revised in accordance with the updated determinations. Copies of the prevailing wage rates are on file at the Office of Solid Waste Management Division and shall be made available to any interested party on request. Copies are also included in these Bid Documents.

B. The Contractor shall, as a penalty, forfeit two hundred dollars ($200.00) to the County for each calendar day or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of the Department of Industrial Relations for such work or craft in which such worker is employed by the Contractor or by any Subcontractor in connection with the Work. Pursuant to California Labor Code Section 1775, the difference between such prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.

C. Contractors are prohibited from performing work on a public works project with a subcontractor who is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code. Any contract entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the awarding body. The contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project.

XIV. INSURANCE

The successful bidder shall furnish certificates of insurance to the Solid Waste Management Division evidencing the required insurance coverage at the time the contract is executed, additional endorsements, as required shall be provided prior to the commencement of performance of services, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Solid Waste Management Division; and the successful bidder shall maintain such insurance from the time it commences performance of services until the completion of such services. Within fifteen

(15) days of the commencement of the Contract, the successful bidder shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request. All policies, except for Worker’s Compensation, shall contain additional endorsements naming San Bernardino County and its officers, employees, agents and volunteers as an additional named insureds. All required policies are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by San Bernardino County. All coverages shall be subject to approval by the County’s Risk Manager for adequacy of protection.

SWMD Bid Docs – 11/14/02 Rev. 11/2/16 11

XV. EXECUTION OF CONTRACT

The successful bidder shall execute, within five (5) Working Days of receipt of the Notice of Intention to Award Contract, a written contract with the County in the form of agreement attached hereto. If a bidder to whom award is made fails or refuses to enter into contract as herein provided, or to conform to any of the stipulated requirements in connection therewith, the deposit represented by its cash, cashier’s check, certified check, or bidder’s bond shall become the property of the County as provided in Article IV, hereof, the award will be annulled, and at the discretion of the County, the contract may be awarded to the next lowest qualified bidder. Such bidder shall fulfill every stipulation embraced herein as if it were the party to whom the first award was made.

A corporation to which an award is made shall be required, before the contract is finally executed, to furnish evidence of its corporate existence, of its right to do business in California, and of the authority of the officer signing the contract and bonds for the corporation.

XVI. AWARD OF CONTRACTS FOR BID ALTERNATIVES

The Board of Supervisors reserves the right to award a contract for work items reflected solely in the base bid, or work items reflected in the base bid and, as determined in conformity with State law and in the sole discretion of the County, work items reflected in any or all of the alternatives, if applicable.

XVII. SCHEDULE

The Contractor shall submit on a form in accordance with the Special Provisions and acceptable to the County, an overall schedule for the work. The schedule shall start with the proposed date of signing the contract and the completion date shall be the date specified in the contract.

XVIII. LABOR AND MATERIAL AND PERFORMANCE BONDS

The Contractor shall furnish the County with a satisfactory Labor and Material Bond in an amount equal to one hundred percent (100%) of the contract price and a Faithful Performance Bond in an amount equal to one hundred percent (100%) of the contract price.

Such bonds shall be furnished prior to the commencement of work under the contract.

These bonds shall be secured from a surety company or companies satisfactory to the County and shall be on County approved bond forms. Bonds shall remain in full force and effect for a period of one (1) year following the date of filing the Notice of Completion.

XIX. PERMITS

The Contractor shall obtain and pay for all licenses or permits required by cities, San Bernardino County, State of California and federal laws and regulations, unless provided by the County.

SWMD Bid Docs – 11/14/02 Rev. 11/2/16 12

XX. EXPLANATION OF BID ITEMS

The monies to be paid for the various items of work included in the Bid Schedule shall constitute the total obligation of the County for the work described in the Contract Documents.

XXI. PAYMENT

Payments will be made as outlined in Section 9, “Payments and Completion”, of the General Conditions.

XXII. TIME LIMITS OF WORK

The Work to be performed under the contract shall be completed as follows: The Contractor shall promptly commence the Work required by this Contract within ten (10) Working Days of the date specified in the Notice to Proceed (NTP) issued by the County and achieve Final Completion of the entire Work within ONE HUNDRED and EIGHTY (180) Working Days. In addition, the Contractor shall complete the following Project Milestone within the following specified number of Working Days from the date of the NTP:

1. Complete the Landfill Gas Flare Station and gain Beneficial Occupancy in the flare area at the Mid-Valley Sanitary Landfill” within 180 Working Days from NTP.

Project Milestones not completed within the specified time period shall be cause for assessing liquidated damages as described in the Contract Documents.

XXIII. GOVERNING DOCUMENTS

Where a conflict or requirements exists between the various conditions of these documents, the more restrictive of the requirements shall apply.

XXIV. ASSIGNMENT

This contract shall under no condition be assigned without prior written consent of the San Bernardino County Board of Supervisors.

XXV. FORMER COUNTY OFFICIALS

Contractor agrees to provide information on former San Bernardino County administrative officials (as defined below) who are employed by or represent Contractor. The information provided includes a list of former County administrative officials who terminated County employment within the last five years and who are now officers, principals, partners, associates, or members of the business. The information also includes the employment with or representation of Contractor. For purposes of this provision, “County administrative official” is defined as a member of the Board of Supervisors or such officer’s staff, Chief Executive Officer or member of such officer’s staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit.

SWMD Bid Docs – 11/14/02 Rev. 11/2/16 13

XXVI. BID PROTEST

Any Bidder submitting a Bid to the County for this Project may file a protest of the County’s proposed award of a construction contract for this Project, provided that each and all of the following are complied with:

1. The bid protest is in writing.

2. The bid protest is submitted to and received by the Department of Public Works – Solid

Waste Management Division, 222 West Hospitality Land, Second Floor, San Bernardino, CA, 92415-0017 before 4:00p.m. of the third business day following the bid opening. Failure to timely submit a written protest shall constitute grounds for the County’s denial of the bid protest without consideration of the grounds stated in the bid protest and a waiver of the right to protest. Untimely protests will not be accepted or considered.

3. The written bid protest shall set forth, in detail, all grounds for the bid protest (including without limitation all facts, supporting documentation, legal authorities and argument in support of the grounds for the bid protest), the form of relief required and the legal basis for such relief. Any grounds not set forth in the bid protest shall be deemed waived. All factual contentions must be supported by competent, admissible and credible evidence.

The bid protests shall include the name of the project manager and the name and number of the bid Project. Any bid protest not conforming to the foregoing shall be rejected as invalid.

If a valid protest is timely filed and complies with the above requirements, the Department shall review and evaluate the bid protest. All bidders, including the protesting bidder, shall have three business days to respond to the Department and to provide any information requested by the Department. The Department shall respond to the protesting bidder and state the Department’s findings regarding the bid protest. The Department Director’s decision shall be final, unless overturned by the Board of Supervisors.

SWMD Bid Docs – 11/14/02 Rev. 11/2/16 14

BIDDERS QUALIFICATIONS

The San Bernardino County Department of Public Works - Solid Waste Management Division will consider only bidders with a State Contractor “A” License.

The following questions are intended to allow the bidder to demonstrate their experience and qualifications as the prime contractor. All answers and information must be supplied on the forms below; any additional pages will not be considered. Also, clients/agencies listed who cannot be reached will not be considered and may result in the bid being non-responsive.

1. Agency or client

Amount of contract Year

Number of change orders____________ Total cost of change orders $___________________

Client Contact for recommendation name __________________________________________

Phone number for above (____)_______-___________

Name of your firm’s Project Manager _____________________________________________

Short description of scope of contract _____________________________________________

2. Agency or client ______________________________________________________________

Amount of contract ________________________________________Year_______________

Number of change orders ____________Total cost of change orders $___________________

Client Contact for recommendation name __________________________________________

Phone number for above (____)_______-____________

Name of your firm’s Project Manager_____________________________________________

SWMD Bid Docs – 11/14/02 Rev. 11/2/16 15

BIDDER’S QUALIFICATIONS (Continued)

Short description of scope of contract_____________________________________________

3. Agency or client

Amount of contract Year

Number of change orders Total cost of change orders $

Client Contact for recommendation name

Phone number for above (____) _______-______________

Name of your firm’s Project Manager

Short description of scope of contract

List personnel and qualifications, of those who are available and will be used for work on this project:

Name________________________________ Job or Title________________________________

Qualifications___________________________________________________________________

SWMD Bid Docs – 11/14/02 Rev. 11/2/16 16

BIDDER’S QUALIFICATIONS (Continued)

Name _________________________________ Job or Title______________________________

Briefly describe why your firm is well qualified to perform this work: ______________________

Signature of firm’s Principal certifying above answers.

________________________________Title___________________________Date___________

SWMD Bid Docs – 11/14/02 Rev. 11/2/16 17

BID

San Bernardino County, Department of Public Works Division Solid Waste Management Division 222 West Hospitality Lane, 2nd Floor San Bernardino, California 92415-0017

BIDDER:_________________________________________________________________________

The undersigned hereby agrees to perform all work for which a contract may be awarded and to furnish any and all plant, labor, services, materials, tools, equipment, supplies, transportation, utilities, permits and all other items and facilities necessary therefore as provided in the Bid Documents, and to do everything required therein, as specifically set forth in said Bid Documents entitled: “Landfill Gas Flare Station at the Mid-Valley Sanitary Landfill” together with appurtenances thereto, all as set forth on the drawings and in the specifications and other contract documents, and further promises and agrees that, if this Bid is accepted, the undersigned will contract in the form and manner stipulated to perform all the work called for by drawings, regulation, and regulatory guidelines, specifications, and other contract documents, and to complete all such work in strict conformity therewith within the limits set forth therein, and that the undersigned will accept as full payment therefore the prices set forth in the Bid Schedule forming a part thereof. The Total Bid set forth in the Bid Schedule includes applicable California State sales tax, freight, bonds, insurance and all other costs required to perform all such work.

A bid deposit, in the form of cash, a cashier’s check or certified check properly made payable to the San Bernardino County, Solid Waste Management Division (County), or a surety bond made in favor of the County, in the amount of ten percent (10%) of the total amount of the bid, is included herewith, and is given as a guarantee that the undersigned will execute the contract and furnish the required bonds and insurance if awarded the contract and, in case of failure to do so within five (5) Working Days of receipt of the Notice of Intention to Award Contract, then the Board of Supervisors may, at its option, determine that the bidder has abandoned the contract, and thereupon, this proposal and the acceptance thereof shall be null and void, and the forfeiture of such security accompanying this proposal shall operate and the same become the property of San Bernardino County. The cash, certified check, or cashier’s check delivered along with its bid by an unsuccessful bidder shall be returned to the unsuccessful bidder within 60 days from the Contract award. If the bid is submitted through San Bernardino County Electronic Procurement Network (ePro) then scan the bid security (bid bond, etc.) and submit the scanned copy with your bid submittal in ePro, additionally, mail and submit the original bid security, in a separate sealed envelope labeled “Bid Bond” with the project title and number and clearly marked “Bid Bond” on the outside, to: San Bernardino County, Department of Public Works, Solid Waste Management Division, 222 West Hospitality Lane, 2nd Floor, San Bernardino, CA 92415-0017. Any mailed or submitted bid security must be received on or before the time set for the opening of the bids.

It is understood and agreed that:

1. The undersigned has carefully examined and agrees to be bound by the terms of all the Bid Documents which will form a part of the Contract, namely the: Notice Inviting Bids, Instructions to Bidders, Bidder’s Qualifications, Bid, Bid Schedule, Contractor’s Licensing

SWMD Bid Docs – 11/14/02 Rev. 11/2/16 18

BID (Continued)

Statement, List of Subcontractors, Bid Security Form for Check or Bond, Agreement and General Conditions, Faithful Performance Bond, Labor and Material Bond, Non-Collusion Declaration, Contractor’s Affidavit and Final Release, Special Provisions, and drawings, and all additions, deletions, modifications, and appendices and all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any said documents.

2. The undersigned has conducted an investigation at the site of the work and otherwise satisfied itself as to the nature and location of the work and has successfully informed itself as to all conditions and matters which can in any way affect the work or cost thereof.

3. The undersigned fully understands the full scope of the work and has checked carefully all

Bid words and figures inserted in its proposal, and the undersigned further understands that the County will in no way be responsible for any errors or omissions in the preparation of this bid.

4. If this Bid is successful, the undersigned agrees to execute the required Standard Contract and will furnish a Labor and Material Bond in an amount equal to one hundred percent (100%) of the contract price and a Faithful Performance Bond in an amount equal to one hundred percent (100%) of the contract price. These bonds shall be secured from a surety company or companies satisfactory to the County and on the County approved bond forms. Bonds shall remain in full force and effect for a period of one (1) year following the date of filing of Notice of Completion.

5. If, during the course of the administration of any agreement arising from this Bid, the County determines that the Contractor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, the contract resulting from this bid may be immediately terminated. If any contract is terminated according to this provision, the County is entitled to pursue any available legal remedies.

6. In conformance with current statutory requirements of Section 1860, et seq., of the Labor

Code of the State of California, the undersigned confirms the following as its certification:

I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workmen’s Compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the work of this contract.

7. The undersigned hereby certifies that this bid is genuine and not sham or collusive or made in the interest or on behalf of any person not herein named, and the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm, or corporation to refrain from bidding; the undersigned has not in any manner sought by collusion to secure for itself an advantage over any other bidder.

The undersigned declares: that the only person or parties interested in this bid as principals are those named herein; that this bid is made without any connection with any

SWMD Bid Docs – 11/14/02 Rev. 11/2/16 19 other person or persons making a bid for the same work; except for another division of the undersigned which may submit an independent bid; that the bid is in all respects fair and without collusion or fraud; that the undersigned has read the Advertisement for Bids and the Instructions to Bidders and agrees to all the stipulations contained therein; that the undersigned has examined the form of contract (including the specifications, drawings and other documents incorporated therein by reference); that in the event this bid, as submitted, including the incorporated bidding documents, be accepted by the County, the undersigned shall execute a contract to perform the work as outlined herein.

8. As required in Article XXV of the Instructions to Bidders, listed below is any former San Bernardino County administrative official who is employed by or represents the Bidder.

9. The undersigned acknowledges it has registered with the ePro system prior to the date and time to receive sealed bids or it will be disqualified.

Check One: ( ) Sole Proprietor ( ) Partnership ( ) Corporation ( ) Other

Name of Bidder:

Address: _________________________________________________________________

__________________________________________ Phone: _________________________

Contractor’s License No.: _____________________ Primary Class: ___________________

Expiration Date of Contractor’s License: ________________________________________

Contractor’s DIR Registration No.________________________________________

Federal Employer ID No.: _________________________________

SWMD Bid Docs – 11/14/02 Rev. 11/2/16 20

ADDENDA ACKNOWLEDGEMENT

This bid includes:

Addendum No. ____ Dated __________ Addendum No. ____ Dated __________ Addendum No. ____ Dated __________ Addendum No. ____ Dated __________ Addendum No. ____ Dated __________ Addendum No. ____ Dated __________ Addendum No. ____ Dated __________ Addendum No. ____ Dated __________

Bidder must acknowledge all addendums above, regardless of any acknowledgement of addendums in ePro.

NOW: In compliance with the Notice Inviting Bids, the Instructions to Bidders, and all the provisions herein before set forth, the undersigned, with full cognition thereof, hereby proposes to perform the entire work for the prices set forth in the Total Bid on the attached Bid Schedule upon which award of contract is to be made.

If the bid proposal is submitted through ePro the undersigned acknowledges that its electronic signature is legally binding.

I declare under penalty of perjury under the laws of the State of California that the above is true and correct, that the undersigned is authorized to sign on behalf of, and bind, the Bidder, and that this Bid Proposal is executed at __________________________, California on ____________, 20___.

Authorized Signature: ______________________________ Title: ____________________

Print Name: ______________________________________ Date: ____________________

SWMD Bid Docs – 11/14/02 Rev. 11/2/16 21

BID SCHEDULE

A Bid Schedule is a listing of the elements, systems items, or other subdivisions of the work, establishing a value for each, the total of which equals the Total Bid.

Bidders must complete the Bid Schedule making sure that calculations are accurate. All rates should be “fully loaded”, i.e., they must include fees and charges such as overhead, general and administrative expenses, per diem or subsistence charges, and profit. The Contractor should exercise its best judgment as to what equipment (if applicable) is best suited for the job expected.

In order to compare bids, the bidder shall not change any bid quantities as shown on the Bid Schedule.

The County reserves the right to delete any item in the Bid Schedule without affecting the unit cost and to select any combination of the following costs for the actual construction contract.

Tasks and quantities are to be accomplished with no increase in price.

There may be delays due to wind conditions or wet weather prohibiting access to the site(s). There shall be no monetary compensation for these delays.

The Contractor shall protect the work area from washouts and, if the work area is affected, Contractor will replace the work at its own expense.

In the case of discrepancy between the written bid set forth and the numerical bid set forth, the written bid shall prevail. In the case of a discrepancy between the written bid or numerical bid set forth on the bid proposal, and the numerical bid set forth in the ePro system, the information on the bid proposal shall prevail.

UNIT PRICE

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

In all events, with respect to each unit basis item of work, the actual compensation due the successful bidder shall be the unit price multiplied by the actual number of such units performed on the project by Contractor and approved by the Solid Waste Management Division.

In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail; however, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, then the amount set forth in the “Total” column for the item shall prevail and shall be divided by the estimated quantity of the item and the price thus obtained shall be the unit price.

In case of a discrepancy between the bid set forth on the bid schedule and the numerical bid set forth in ePro system, the information on the bid schedule shall prevail.

Landfill Gas Flare Station at the Mid-Valley Sanitary Landfill Bid Schedule

ITEM

NO.

DESCRIPTION OF WORK

ESTIMATED

QUANTITY

UNIT UNIT PRICE TOTAL COST

1 Mobilization/Demobilization 1 LS

2 Clearing and Grubbing 1 LS

3 Survey (Pre- and Post Construction) 1 LS

General Earthwork and Grading, inclding excavations for footings/walls

1 LS

Demolition of existing Storm Drain Line, headwall and grout/plug end of lines

1 LS

Demolition and Removal of…