SAN BERNARDINO COUNTY

SOLID WASTE MANAGEMENT DIVISION

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

Fax: 909-386-8900

ADDENDUM NO. 3

TO THE PLANS AND BID DOCUMENTS FOR THE

PHASE 1B STAGES 4 AND 5 LINER CONSTRUCTION PROJECT

at the VICTORVILLE SANITARY LANDFILL in Victorville, California

March 18, 2026

BID OPEN: 10:00 A.M. April 2, 2026

The following changes and/or additions shall be made to the Plans and Bid Documents for the Phase 1B Stages 4 and 5 Liner Construction Project at the Victorville 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. GENERAL

1. Copies of the Pre-Bid Sign In Sheets (Office/Job Walk) have been added to this Addendum No. 3 as Attachment 1.

2. Summary of Changes has been added to this Addendum No. 3 as Attachment 2 to summarize the modifications/changes to the Plans and Bid Documents.

II. SPECIAL PROVISIONS

1. BID SCHEDULE, delete and replace in its entirety Bid Schedule Pages 22-1 thru 22-3 with the Bid Schedule Pages 22-1A thru 22-3A included in this Addendum No. 3 as Attachment 3. Bids must be submitted on these sheets or will be deemed non-responsive.

2. STANDARD CONTRACT, delete and replace in its entirety Standard Contract with the revised Standard Contract included in this Addendum No. 3 as Attachment 4.

3. Section 1 – General Terms and Conditions, delete and replace in its entirety with the revised Section 1 – General Terms and Conditions included in this Addendum No. 3 as Attachment 5. Modifications are also provided in track changes format.

4. Section 2J – Miscellaneous Civil and Drainage Improvements, Section 4 – Measurement and Payment, add Items 4.16, 4.17, 4.18, and 4.19 included in this Addendum No. 3 as Attachment 6.

III. PLANS

1. Delete and replace Plans Sheet G1, Sheet G3, Sheet G4, Sheet C4, and Sheet C13, with the revised Plans included in this Addendum No. 3 as Attachment 7.

2. Add the Landfill Gas Probe Modification Plan included in this Addendum No. 3 as Attachment 8 to the Plans and Bid Documents.

If you have any questions, please contact Joshua LeRoy at (909) 386-8629 or you may contact me at (909) 386-9017.

Johnny Gayman, P.E. Date Engineering Manager

E4635 Johnny Gayman 2024

E4635 Text Box 03/18/2026

ATTACHMENT NO. 1

(Pre-Bid Sign-In Sheets for Office/Site Walk)

ATTACHMENT NO. 2

(Summary of Changes)

Victorville Sanitary Landfill

Phase 1B Stage 4&5 Composite Liner Construction Project

Addendum #3 – Attachment Summary of Changes

BID SCHEDULE

• Modify quantity of Bid Item 9 to 787,500 CY

• Modify quantity of Bid Item 10 to 335,000 CY

• Add new Bid Item 66 Diversion Berm and Base Liner Flap (Per Detail 2/C13) with quantity of 525 LF

• Add new Bid Item 67 Temporary Diversion Berm and Geomembrane Flap (Per Detail

3/C13) with quantity of 780 LF

• Add new Bid Item 68 Abandon Existing Gas Probe (Per Detail 1/5) (Deletable) with quantity of 3 EA

• Add new Bid Item 69 Install New Perimeter Gas Probe (Per Detail 1/4) (Deletable) with quantity of 1,900 VF

1) CONSTRUCTION DRAWINGS

• Reissue Sheet G1

• Reissue Sheet G3

• Reissue Sheet G4

• Reissue Sheet C4

• Reissue Sheet C13

• Issue New Landfill Gas Modification Plan Sheets o Drawing 1 Title Sheet o Drawing 2 Existing Probe Network o Drawing 3 Proposed Probe Network o Drawing 4 Details o Drawing 5 Details

2) TECHNICAL SPECIFICATIONS

DELETE AND REPLACE FULL SECTION 1 GENERAL PROVISIONS

Modifications to Technical Specifications: reissued Section 1 General Provisions provided in

Track Changes Format and provided as an attachment to Addendum No. 3.

MODIFY SECTION 2J MISCELLANEOUS CIVIL AS FOLLOWS

Modifications to Technical Specifications: add new Items 4.16, 4.17, 4.18, and 4.19 to

Section 4 Measurement and Payment provided as an attachment to Addendum No. 3.

ATTACHMENT NO. 3

(Bid Schedule)

VICTORVILLE SANITARY LANDFILL

Const Note

Item No. Description QTY Unit Unit Price Item Total

- 1 Mobilization / Demobilization 1.0 LS

- 2 Construction Support Tasks 1.0 LS

- 3 Stormwater Compliance Tasks 1.0 LS

- 4 Construction Survey 1.0 LS

- 5 Waste Removal and Relocation 75,000 DLR $1.00 $75,000.00

- 6 Geoelectric Leak Location Survey 1 LS

Const Note

Item No. Description QTY Unit Unit Price Item Total

2, 4 7 Clearing, Grubbing, and Demolition (29 acres) 1.0 LS

- 8 Miscellaneous Site Work 1.0 LS

5 9 Unclassified Excavation/Transport to Stockpile 1 - Liner Cell Area 787,500 CY

5 10 Unclassified Excavation/Transport to Stockpile 2 - Liner Cell Area 335,000 CY

5 11 Unclassified Excavation/Transport to Stockpile 2 - Entrance Road Area 2,000 CY

5 12 Blasting 675,000 CY

5 13 Unclassified Excavation to Fill - Liner Cell Area 105,000 CY

5 14 Screening 82,000 CY

5 15 Daily Cover to Active Landfill Area 70,000 CY

9, 11, 13 16 Compacted/Screened 1-inch Minus Material on Floor 665,000 SF

9 17 Veneer Fill Placement - Slopes 550,000 SF

9 18 Subgrade Surface Preparation for Geosynthetics - Slope, Bench, and Access Roads 615,000 SF

14 19 Lysimeter Liner Section (Per Detail 3/C15) 12,500 SF

14 20 60-mil HDPE Encapsulation Geomembrane (Textured Both Sides) - Base 650,000 SF

14 21 Geosynthetic Clay Liner (GCL) - Base 650,000 SF

14 22 60-mil HDPE Geomembrane (Textured Both Sides) - Base 650,000 SF

14 23 Geotextile Fabric 12 oz/sy - Base 650,000 SF

14 24 LCRS Drainage Layer - Gravel 670,000 SF

14 25 Geotextile Fabric 8 oz/sy - Base 650,000 SF

PHASE 1B STAGE 4 AND 5 SUPPORT BID ITEMS

PROJECT SUPPORT BID ITEMS SUBTOTAL:

PHASE 1B STAGE 4 AND 5 CONSTRUCTION BID ITEMS

Page 22-1A

Const Note

Item No. Description QTY Unit Unit Price Item Total

14 26 Protective Soil Cover - Base 650,000 SF

29 27 Wrapped Gravel Infiltration Corridor (Per Detail 4/C16) 225 LF

15, 20 28 60-mil HDPE Encapsulation Geomembrane (Textured Both Sides) - Slope, Bench, and Access Roads 700,000 SF

15, 20 29 Geosynthetic Clay Liner (GCL) - Slope, Bench, and Access Roads 700,000 SF

15, 20 30 60-mil HDPE Geomembrane (Textured Both Sides) - Slope, Bench, and Access Roads 700,000 SF

15, 20 31 Geotextile Fabric 16 oz/sy - Slope, Bench, and Access Roads 700,000 SF

31 32 Drainage Geocomposite - Northwesterly Construction Bench (Per Detail 5/C15) 13,000 SF

16 33 Base to Slope Liner Transition 3,800 LF

21, 22 34 Westerly Bench Liner Join (Per Detail 3/C17) 5,000 LF

23 35 Intermediate Bench/Road Anchor Trench (Per Detail 3/C17) 1,750 LF

34 36 Slope Liner Join (Per Detail 4/C17) 290 LF

33 37 Base Liner Join - 1B Stage 3 to 1B Stages 4/5 (Per Detail 9/C16) 20 LF

24 38 Protective Plastic Cover and HDPE Geotextile Balllast (Per Detail 2/C15) 530,000 SF

6, 15, 20 39 Protective Soil Cover - Slope, Bench, and Cell Access Road 170,000 SF

32, 38 40 Protective Soil Cover - Easterly Access Road (Per Detail 1/C17) 90,000 SF

6 41 Protective Soil Cover - Gap Fill Area 4,000 CY

7 42 Native Unclassified Fill Above PSC - Westerly Bench and Gap Fill Area 13,250 CY

17 43 Liner Cell Access Road with Geotextile Underlay (Per Detail 7/C15) 20,000 SF

18 44 Road Edge K-Rail Concrete Barrier 195 LF

19 45 LCRS Header Pipe (Per Details 3/C15 and 7/C16) 2,100 LF

25 46 LCRS Lateral Pipe (Per Detail 8/C16) 4,100 LF

26 47 LCRS Pipe Junctions (Per Detail 1/C16) 12 EA

27 48 6" Solid HDPE LCRS Riser Pipe (Per Detail 2/C16) 1,950 LF

28 49 6" Slotted HDPE LCRS Access Road Collector (Per Detail 7/C15) 400 LF

53 50 LCRS Test Port Riser (Per Detail 10/C16) 315 LF

30 51 LCRS/LFG Bench Crossing (Per Detail 6/C15) 4 EA

35, 51 52 LCRS/LFG Riser Termination Support (Per Detail 6/C16) 22 EA

43, 54 53 Easterly and Southeasterly Perimeter Access Road Pavement Section (Per Details 1/C17 and 5/C17) 90,500 SF

44 54 Northerly Perimeter Access Road Pavement Section (Per Detail 6/C17) 12,000 SF

Page 22-2A

Const Note

Item No. Description QTY Unit Unit Price Item Total

51 55 Class I Flexible Post Delineator (Per Caltrrans Std. Plan A73C) 100 EA

46 56 AC Dike (Per San Bernardino County Std. Plan 117) 2,750 LF

47 57 AC Speed Bump (Per Detail 1/C13) 100 LF

48 58 Roadside Inlet Structure (Per Detail 4/C18) 1.0 LS

36, 52 59 24" CHDPE Below Grade Strom Drain 40 LF

35 60 60" Diameter CHDPE Below Grade Storm Drain - Line A (Per Detail 1/C18) 440 LF

38 61 Line A Inlet Structure (Per Detail 1/C12) 1.0 LS

39 62 Line A Outlet Structure (Per Detail 2/C12) 1.0 LS

40 63 Class III Rip Rap per SSPWC Sec. 200-1.6 6,000 SF

41 64 Class V Rip Rap per SSPWC Sec. 200-1.6 3,550 SF

EC1, EC2 65 Erosion Control / Final Stabilization 1.0 LS

55 66 Diversion Berm and Geomembrane Flap (Per Detail 3/C13) 525 LF

56 67 Temporary Diversion Berm and Geomembrane Flap (Per Detail 2/C13) 780 LF

- 68 Abandon Existing Gas Probe (Per Detail 1/5) (Deletable) 3 EA

- 69 Install New Perimeter Gas Probe (Per Detail 1/4) (Deletable) 1900 VF

CONSTRUCTION BID ITEMS SUBTOTAL:

PROJECT SUPPORT BID ITEMS (1-6) SUBTOTAL:

CONSTRUCTION BID ITEMS (7-69) SUBTOTAL:

The project will be bid on a UNIT PRICE basis and quantities are to be VERIFIED by the Bidders. Actual quantities shall be measured for final payment, or as approved by the Engineer.

SWMD reserves the right to delete any specific item on the bid schedule in its entirety. Should SWMD elect not to proceed with a specified item of work, it will be deleted from the contract.

The Bid Schedule shown above does not constitute agreed-upon costs for the items described. The purpose of this cost breakdown is to provide SWMD with cost allocations for comparison and budgeting purposes only. Final cost allocations for each individual item for the project’s schedule of values and progress payments will be established by the Construction Manager in negotiation with the Contractor.

THE AWARD OF THIS CONTRACT WILL BE BASED ON THE LOWEST RESPONSIBLE BID TOTAL.

TOTAL PROJECT BID (ITEMS 1-69) =

Page 22-3A

ATTACHMENT NO. 4

(Standard Contract)

Revised 7/1/24 Page 1 of 25

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY

Department of Public Works

Department Contract Representative Marc Rodabaugh, Deputy Director Telephone Number (909) 386-8701

Contractor Contractor Representative Telephone Number Contract Term Original Contract Amount Amendment Amount Total Contract Amount Cost Center

IT IS HEREBY AGREED AS FOLLOWS:

CONSTRUCTION AGREEMENT

This Construction Agreement (“Agreement” or “Contract”) is made effective this , 2026 (“Agreement Date”) by and between the San Bernardino County (“County”) and (“Contractor”) for the construction of the Phase 1B Stages 4 and 5 Liner Construction Project at the Victorville Sanitary Landfill (“Project”).

ARTICLE I

CONTRACT DOCUMENTS AND INTERPRETATION

1.1 DEFINITIONS

The meanings of all capitalized terms used in the Contract Documents and not otherwise defined herein are contained in the General Conditions. If not defined in the General Conditions, they shall have the meaning assigned to them elsewhere in the Contract Documents. If not defined in the General Conditions or elsewhere, Contract Number

SAP Number

Revised 7/1/24 Page 2 of 25 they shall have the meanings reasonably understood to apply to them by the context of the portion of the Contract Documents where such terms are used.

1.2 CONTRACT DOCUMENTS

The “Contract Documents” except for modifications issued after execution of this Agreement, consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference:

1.2.1 Advertisement For Bids (Project No. PWG126-SOLID-6322), dated Month Date, Year.

1.2.2 Bidder’s Proposal, dated Month Date, Year.

1.2.3 General Conditions

1.2.4 Performance Bond

1.2.5 Labor and Material Bond

1.2.6 Special Conditions

1.2.7 Bid documents entitled “Phase 1B Stages 4 and 5 Liner Construction Project at the Victorville Sanitary Landfill”.

1.2.8 Specifications, entitled “Phase 1B Stages 4 and 5 Liner Construction Project at the Victorville

Sanitary Landfill”.

1.2.9 Drawings, entitled “Phase 1B Stages 4 and 5 Liner Construction Project at the Victorville Sanitary Landfill”.

1.2.10 Addendum No. 1, dated Month Date, Year.

1.2.11 Addendum No. 2, dated Month Date, Year.

1.2.12 Certified copy of the record of action of the Board of Supervisors, on behalf of San Bernardino

County.

1.3 ENTIRE AGREEMENT

The Contract Documents represent the entire and integrated agreement between County and Contractor, all other representations or statements, whether verbal or written, are merged herein. The Agreement may be amended only by written modification. The San Bernardino County Board of Supervisors, or its authorized designee, must approve any amendment to this Agreement.

ARTICLE II

THE WORK

2.1 SCOPE OF WORK

2.1.1 Contractor will furnish all supervision, materials, labor, tools, equipment, apparatus, facilities, transportation, construction, landscaping, clean-up, incidentals, and all other construction services of any type necessary to complete all Work in strict conformity with the Contract Documents. Except concerning any material to be provided and/or installed by the County, the Contractor shall fully commission and turn over a completely

Revised 7/1/24 Page 3 of 25 operational and fully functional Project to the County. Without limiting the generality of this Section, the Contractor shall provide the following Work and services:

a. Contractor shall provide, install and complete as specified and pay for all supervision, labor, materials and equipment, tools, supplies, construction equipment and machinery, construction, start-up and testing, utilities, transportation, incidentals, and other facilities and services (including any temporary materials, equipment, supplies and facilities) necessary for the proper execution and completion of the complete, operational, and fully functional Project, including the permanent interconnection for electricity, natural gas, water supply, and any other utilities and demonstration of fully satisfactory operation of all systems and equipment.

The County will pay connection fees directly to the utilities for all permanent water and electrical connections.

b. Contractor shall supervise and direct the Work, and shall furnish the services of all supervisors, forepersons, skilled and unskilled labor, and all other personnel necessary to construct the complete, operational, and fully functional Project. Contractor shall provide, manage and organize such personnel as necessary to complete the Work in accordance with all requirements of the Contract Documents.

c. Contractor shall obtain, at Contractor’s expense, all governmental and private approvals, permits and licenses, required to complete the Work; provided, however, County will be responsible for paying the cost of all County imposed fees necessary for the Project. Contractor shall construct a complete, operational, and fully functional Project in full compliance with all Applicable Laws, codes and standards (both public and private), including but not limited to, the standards included, and warranties expressed in the Contract Documents and manufacturer’s recommendations pertaining to individual items of equipment or systems.

d. When transporting new bridge materials to the project site, the contractor must consider the site's unique limitations. These limitations entail restricted access and a specific weight limit that must be adhered to in transportation. As such, the contractor must ensure that the chosen transportation method and the materials’ weight do not exceed the site’s constraints. By doing so, the contractor can ensure a smooth and efficient delivery of the new bridge materials to the project site. Please refer to Section G – Bridge Info and Photos for future information on the site access.

2.2 STANDARD OF PERFORMANCE

In addition to and without limiting Contractor’s other obligations under the Contract Documents, Contractor shall at all times in its performance of its obligations under the Contract Documents conform to the following general standards of performance:

2.2.1 Comply with the requirements of the Contract Documents;

2.2.2 Comply with Applicable Laws;

2.2.3 Conform to the standard of care applicable to those who provide construction of the type called for by this Agreement for projects of a scope and complexity that is comparable to the Project;

2.2.4 Furnish efficient business administration of the Work, utilizing senior level management and other qualified personnel to manage the Work; and

2.2.5 Apply its best and highest skill and attention to completing the Work in an expeditious and economical manner, consistent with the express best interests of the County and within the limitations of the Contract Sum and Contract Time.

ARTICLE III

TIME FOR PERFORMANCE

Revised 7/1/24 Page 4 of 25

3.1 CONTRACT TIME

The Date of Commencement of the Work shall be fixed in a Notice to Proceed issued by the County. If County’s issuance of a Notice to Proceed is delayed due to Contractor’s failure to provide insurance documents or bonds within ten (10) calendar days after the date of award of the Contract by the Board of Supervisors or Chief Executive Officer, one (1) calendar day will be deducted from the number of days to achieve Final Completion of the Work for every day of delay in County’s receipt of such documents. This right is in addition to and does not affect County’s right to demand forfeiture of Contractor’s Bid Security, or any other rights or remedies available to County if Contractor persistently delays in providing the required documentation. Contractor agrees to promptly commence the Work after the Notice to Proceed is issued by the County and to achieve Final Completion of the entire Work within 230 working days after the Date of Commencement (“Contract Time”). The Contract Time may be extended only by the written authorization of the County. In addition, the Contractor shall complete the following Project Milestones within the following specified number of Working Days from the date of the NTP:

1. Complete Scope of Work of the “Phase 1B Stages 4 and 5 Liner Construction Project at the Victorville Sanitary Landfill” within TWO HUNDRED AND THIRTY (230) Working Days from NTP;

2. Gain Beneficial Occupancy in Sequence 1 of the “Phase 1B Stages 4 and 5 Liner Construction Project at the Victorville Sanitary Landfill” within ONE HUNDRED AND SIXTY (160) Working Days from NTP.

3. Gain Beneficial Occupancy in Sequence 2 of the “Phase 1B Stages 4 and 5 Liner Construction Project at the Victorville Sanitary Landfill” within TWO HUNDRED AND THIRTY (230) Working Days from NTP.

3.2 LIQUIDATED DAMAGES

3.2.1 County and Contractor recognize that time is of the essence in this Agreement and that the County may suffer financial loss, including but not limited to, the loss of grant funds, additional contract administration expenses, and loss of public use if the Work is not completed within the Contract Time, including any extensions thereof allowed in accordance with the Contract Documents.

3.2.2 Contractor and County agree to liquidated damages with respect to Contractor’s failure to achieve

Final Completion of the Work within the Contract Time. The Parties intend for the liquidated damages set forth herein to apply to this Contract as set forth in Government Code Section 53069.85. The contractor acknowledges and agrees that the liquidated damages are intended to compensate the County solely for the Contractor’s failure to meet the deadline for Final Completion and shall not excuse the Contractor from liability for any other breach, including any failure of the Work to conform to the requirements of the Contract Documents.

3.2.3 If the Contractor fails to achieve Final Completion of the Work within the Contract Time, in accordance with Government Code Section 53069.85, Contract agrees to forfeit and pay to County the sum of Six Thousand Dollars ($6,000) per day for each working day that completion of the project is delayed beyond the specified 230 working days.

3.2.4 Contractor acknowledges and agrees that the foregoing liquidated damages have been set based on an evaluation by County of damages that it will incur in the event of the late completion of the Work. Contractor and County agree that because of the nature of the Project it would be impractical or extremely difficult to fix the amount of actual damages incurred by the County due to a delay in completion of the Work. Accordingly, the County and Contractor have agreed to such liquidated damages to fix Contractor’s costs and to avoid later disputes. It is understood and agreed by Contractor that any liquidated damages payable pursuant to this Agreement are not a penalty and that such amounts are not manifestly unreasonable under the circumstances existing as of the effective date of this Agreement.

3.2.5 It is further mutually agreed that County shall have the right to deduct liquidated damages against progress payments or retainage and that the County will issue a unilateral Construction Change Directive and reduce the Contract Sum accordingly. In the event the remaining unpaid Contract Sum is insufficient to cover the full amount of liquidated damages, Contractor shall pay the difference to County.

Revised 7/1/24 Page 5 of 25

ARTICLE IV CONTRACT SUM

4.1 CONTRACT SUM

4.1.1 Total Compensation. County shall pay the Contractor, and Contractor agrees to accept, in current funds for the Contractor’s complete performance of the Work in accordance with the Contract Documents the Contract Sum of:

4.1.2 All Inclusive Price. The Contract Sum, subject to additions and deductions, is the total amount payable by County to Contractor for performance of the Work under the Contract Documents and is deemed to cover all costs arising out of or related to the performance of the Work, including, without limitation, the effects of natural elements upon the Work, unforeseen difficulties or obstructions affecting the performance of the Work (including, without limitation, unforeseen conditions at the Site that do not constitute Differing Site Conditions) and fluctuations in market conditions and price escalations (whether occurring locally, nationally or internationally) from any cause, including, without limitation, causes beyond the control or foreseeability of the Contractor.

4.2 RETENTION

Payment shall not be made more often than once each thirty (30) days, nor shall the amount paid be in excess of ninety-five percent (95%) of the Contract Sum at the time of Final Completion. Applications for Payment shall not be deemed properly completed unless certified payrolls and any other mandatory submittals have been properly completed and submitted for each week worked during the time period covered by said payment request. Final payment is to be made sixty (60) days subsequent to the filing of Notice of Completion. Contractor may, upon Contractor's written request, and approved by the Board of Supervisors, at Contractor's expense, deposit substitute securities, as stated in Government Code Section 16430, and as authorized by Public Contract Code 22300, in lieu of retention monies withheld to ensure performance.

4.3 PAYMENT BY ELECTRONIC FUND TRANSFER

Contractor shall accept all payments from County via electronic funds transfer (EFT) directly deposited into the Contractor’s designated checking or other bank account. Contractor shall promptly comply with directions and accurately complete forms provided by County required to process EFT payments.

ARTICLE V

BONDS, INDEMNITY AND INSURANCE

5.1 BONDS

Contractor will furnish a Labor and Material Payment Bond in an amount equal to one hundred percent (100%) of the Contract Sum, and a Performance Bond in an amount equal to one hundred percent (100%) of the Contract Sum.

The Bonds must comply with all requirements in the Contract Documents, be on County approved bond forms, and be secured from a surety company satisfactory to the County within ten (10) calendar days of the award of the Contract. The Bonds shall remain in full force and effect for a period of one (1) year following the date of filing of the Notice of Completion. The Performance Bond shall name the County as beneficiary under the bond.

5.2 INDEMNIFICATION

To the fullest extent possible permitted by law, Contractor assumes liability for and agrees, at the Contractor’s sole cost and expense, to promptly and fully indemnify, defend (with counsel reasonably approved by the County (even if the allegations are false, fraudulent, or groundless), and hold harmless the County, the County and their authorized officers, employees, agents and volunteers (Indemnitees) from and against any and all claims (including claims against the County seeking compensation for labor performed or materials used or furnished

Revised 7/1/24 Page 6 of 25 to be used in the work or alleged to have been furnished on the project, including all incidental or consequential damages resulting to the County from such claims), allegations, actions, suits, arbitrations, administrative proceedings, regulatory proceedings, or other legal proceedings, demands, losses, costs, damages, judgments, liens, stop notices, penalties, anticipated losses of revenue and/or liability, and expenses (including, but not limited to, any fees of accountants, attorneys, experts or other professionals, or investigation expenses) arising out of, resulting from, or in any way (either directly or indirectly) related to the contract, the work, the project or any breach of the Contract by Contractor (or any of its officers, agents, employees, subcontractors, or any person performing any of the work, or from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the Indemnitees on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees. The Contractor’s indemnification obligation applies to the Indemnitee’s “passive” negligence but does not apply to the Indemnitee’s “sole” or “active” negligence or “willful misconduct” within the meaning of Civil Code section 2782 provided such “active” negligence or “willful misconduct” is determined by agreement of the parties or by findings of a court. In instances where an Indemnitee’s “active” negligence accounts for only a percentage of the liability for the claim involved, the obligation of the Contractor will be for that entire percentage of liability for the claim not attributable to the “active” negligence or “willful misconduct” of the Indemnitees. The County shall be consulted with regard to any proposed settlement.

The duty of the Contractor to indemnify and hold harmless the Indemnitees includes the separate and independent duty to defend the Indemnitees, which duty arises immediately upon receipt by Contractor of the tender of any claim from the County. The Contractor’s obligation to defend the County shall be at Contractor’s sole expense, and not be excused because of the Contractor’s inability to evaluate liability or because the Contractor evaluates liability and determines that the Contractor is not liable. The duty to defend shall apply whether or not a claim has merit or is meritless, or which involves claims or allegations that any or all of the Indemnitees were actively, passively, or concurrently negligent, or which otherwise asserts that the Indemnitees are responsible, in whole or in part, for any claim. The Contractor shall respond within thirty (30) calendar days to the tender of any claim for defense and/or indemnity by the County, unless the County agree in writing to an extension of this time. The defense provided to the Indemnitees by Contractor shall be by well qualified, adequately insured, and experienced legal counsel acceptable to the County Counsel.

It is the intent of the parties to the Contract that the Contractor and its subcontractors of all tiers shall provide the Indemnitees with the broadest defense and indemnity permitted by law. In the event that any of the defense, indemnity, or hold harmless provisions are found to be ambiguous, or in conflict with one another, it is the parties’ intent that the broadest and most expansive interpretation in favor of providing defense and/or indemnity to the Indemnitees be given effect.

Contractor shall ensure, by written subcontract agreement, that each of Contractor’s subcontractors of every tier shall protect, defend, indemnify and hold harmless the Indemnitees with respect to all claims arising out, in connection with, or in any way related to each such subcontractor’s work in the same manner in which Contractor is required to protect, defend, indemnify, and hold the Indemnitees harmless. In the event Contractor fails to obtain such defense and indemnity obligations from its subcontractors as required herein, Contractor agrees to be fully responsible to the Indemnitees according to the terms of this Section.

Contractor’s indemnification and defense obligations set for in this Section are separate and independent from the insurance requirements and do not limit, in any way, the applicability, scope, or obligations set forth in such insurance requirements. The purchase of insurance by the Contractor with respect to the obligations required herein shall in no event be construed as fulfillment or discharge of such obligations.

Contractor’s obligations under this Section are binding on Contractor’s and its subcontractors’ successors, heirs and assigns and shall survive the completion of the work or termination of the Contractor’s performance of the work.

5.3 INSURANCE

Revised 7/1/24 Page 7 of 25

The Contractor agrees to provide insurance set forth in accordance with the requirements herein. If the Contractor uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the Contractor agrees to amend, supplement or endorse the existing coverage to do so.

Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor shall secure and maintain throughout the contract term the following types of insurance with limits as shown:

5.3.1 Basic Insurance Requirements

a. Additional Insured

All policies, except for the Workers’ Compensation, Errors and Omissions and Professional Liability policies, shall contain endorsements naming the County, and their officers, employees, agents and volunteers as additional insureds with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.

b. Waiver of Subrogation Rights

The Contractor shall require the carriers of required coverages to waive all rights of subrogation against the County, and their officers, employees, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor’s employees or agents from waiving the right of subrogation prior to a loss or claim. The Contractor hereby waives all rights of subrogation against the County.

c. Policies Primary and Non-Contributory

All policies required herein are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by the County.

d. Severability of Interests

The Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between the Contractor and the County or between the County and any other insured or additional insured under the policy.

e. Proof of Coverage

The Contractor shall furnish Certificates of Insurance to the County Department administering the contract evidencing the insurance coverage at the time the contract is executed, additional endorsements, as required shall be provided prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and Contractor shall maintain such insurance from the time Contractor commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this contract, the Contractor 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.

f. Acceptability of Insurance Carrier

Unless otherwise approved by Risk Management, the insurance shall be written by insurers authorized to do business in the State of California and with a minimum “Best” Insurance Guide rating of “A- VII.”

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g. Deductibles and Self-Insured Retention

Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by Risk Management.

h. Failure to Procure Coverage

In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the Contractor or County payments to the Contractor will be reduced to pay for County purchased insurance.

i. Insurance Review

Insurance requirements are subject to periodic review by the County. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County’s risk.

Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Contract. Contractor agrees to execute any such amendment within thirty (30) days of receipt.

Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County.

5.3.2 Insurance Specifications

a. Workers’ Compensation/Employers Liability

A program of Workers’ Compensation insurance or a state-approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer’s Liability with $250,000 limits covering all persons including volunteers providing services on behalf of the Contractor and all risks to such persons under this Contract.

If Contractor has no employees, it may certify or warrant to the County that is does not currently have any employees or individuals who are defined as “employees” under the Labor Code and the requirement for Workers’ Compensation coverage will be waived by the County’s Director of Risk Management.

With respect to Contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers’ Compensation insurance.

b. Commercial/General Liability Insurance

The Contractor shall carry General Liability Insurance covering all operations performed by or on behalf of the Contractor providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include:

(a) Premises operations and mobile equipment.

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(b) Products and completed operations.

(c) Broad form property damage (including completed operations).

(d) Explosion, collapse and underground hazards.

(e) Personal injury

(f) Contractual liability.

(g) $2,000,000 general aggregate limit

c. Automobile Liability Insurance

Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence.

If the Contractor is transporting one or more non-employee passengers in performance of contract services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence.

If the Contractor owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable.

d. Continuing Products/Completed Operations Liability Insurance

The Contractor will provide continuing products/completed operations liability Insurance with a limit of not less than five million ($5,000,000) for each occurrence for at least three years following substantial completion of the work on projects over one million ($1,000,000).

e. Builder’s Risk

Course of Construction/Installation (Builder’s Risk) property insurance providing all risk, including theft coverage for all property and materials to be used on the project. The insurance policy shall not have any coinsurance penalty.

f. Umbrella Liability Insurance

An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a “dropdown” provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability.

g. Subcontractor Insurance Requirements

The Contractor agrees to require all parties or subcontractors, including architects or others it hires or contracts with related to the performance of this contract to provide insurance covering the contracted operations with the basic requirements for all contracts in Sections 5.3.1 and the insurance specifications for all contracts in 5.3.2, (including waiver of subrogation rights) and naming the County as additional insureds. The Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided as required here.

ARTICLE VI

CONTRACTOR’S DUTIES AND RESPONSIBILITIES

6.1 GENERAL SCOPE OF WORK

6.1.1 Contractor shall provide all materials, labor, equipment, and undertake all efforts necessary or

Revised 7/1/24 Page 10 of 25 appropriate to construct the Project in accordance with the requirements of the Contract Documents, all governmental approvals, all Applicable Law, and all other applicable safety, environmental and other requirements taking into account the constraints affecting the Project Site. Except as otherwise specifically provided in this Contract, all materials, services and efforts necessary to achieve Final Completion of the Project and elements thereof on or before the deadlines provided in the Contract Documents shall be Contractor's sole responsibility. The costs of all such materials, services and efforts are included in the Contract Sum.

6.1.2 The Contractor and all Subcontractors shall obtain any required licenses from the local jurisdiction where the Project is located (i.e. local City or County), prior to commencement of Work.

6.2 BEFORE STARTING WORK

Contractor shall submit the following to County for review and acceptance within fourteen (14) calendar days after the Date of Commencement fixed in County’s Notice to Proceed, and as a condition to payment: (i) detailed Project Schedule including each deadline specified in the Contract Documents; (ii) Schedule of Submittals; (iii) material Procurement Schedule; and (iv) a Schedule of Values in accordance with the requirements of the General Conditions and other Contract Documents.

6.3 INITIAL CONFERENCE

Within ten (10) calendar days after the Date of Commencement fixed in the County’s Notice to Proceed, a conference attended by County and Contractor and others as appropriate will be held to establish a working understanding among the Parties as to the Work and to discuss the schedules, progress meetings, procedures for handling submittals, processing Applications for Payment, maintaining required records, coordination with Contractor Team Members, and other Project administration matters.

6.4 EVALUATION OF PRELIMINARY SUBMITTALS

At least ten (10) calendar days before submission of the first Application for Payment, a conference attended by Contractor, County and others as appropriate, will be held to review for acceptability the submittals required by the Contract Documents. No progress payment shall be made to Contractor until the required submittals are acceptable to County. The detailed Project Schedule will be acceptable to County as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Time, but such acceptance will neither impose on County responsibility for the sequencing, scheduling or progress of the Work nor interfere with nor relieve Contractor from Contractor's full responsibility therefore. The format and structure of the Project Schedule will be set forth in the Contract Documents and approved by County. The County's acceptance shall not be deemed to confirm that the schedule is a reasonable plan for performing the work. Contractor's schedule of submittal will be acceptable to County as providing a workable arrangement for reviewing and processing the required submittals.

6.5 CONSTRUCTION

Contractor shall perform Construction in accordance with the requirements of the Contract Documents.

6.5.1 Construction shall be performed by Contractor and Subcontractors and suppliers who are selected, paid and acting in accordance with the procedures outlined in the Contract Documents.

6.5.2 The Contractor shall keep the County informed of the progress and quality of the Work in the form of periodic written reports and meetings, as determined by the County, but no less than monthly.

6.5.3 As a condition of final payment to Contractor, Contractor shall provide written certification that the Work has been constructed in accordance with the Contract Documents.

ARTICLE VII

CONTRACTOR’S REPRESENTATIONS AND WARRANTIES

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In order to induce the County to enter into this Agreement, Contractor makes the following representations and warranties:

7.1 Contractor has visited the Site and has reasonably examined the nature and extent of the Work, Site, locality, actual conditions, as-built conditions, and all federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto.

7.2 Contractor has reasonably examined all reports of exploration and tests of subsurface conditions, as- built drawings, drawings or reports available for construction purposes, of physical conditions, or conditions which may be apparent at the Site and accepts the criteria set forth in these documents and the Contract Documents to the extent of the information contained in these documents upon which the Contractor is entitled to rely. Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any other information contained in these documents.

7.3 After Contract award, Contractor will conduct or obtain any additional examinations, investigations, explorations, tests, reports and studies, including but not limited to geotechnical investigations that pertain to the surface and subsurface conditions, as-built conditions, underground facilities and all other physical conditions at or contiguous to the Site as Contractor considers necessary for the performance or furnishing of Work at the Contract Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents.

7.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, test, reports and studies with the terms and conditions of the Contract Documents.

7.5 Contractor has given County prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered before Contract award in or among the Contract Documents and actual conditions and the written resolution thereof through Addenda issued by County is acceptable to Contractor.

7.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California.

7.7 Contractor has duly authorized the execution, delivery and performance of this Agreement, the other Contract Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under any instrument, agreement, order or decree binding on Contractor.

7.8 Contractor certifies that neither it nor its principals, or other key decision makers, or subcontractors is presently disbarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. See the System for Award Management (www.sam.gov). Contractor agrees that signing this Contract shall constitute signature of this Certification.

7.9 During the term of the Contract, Contractor shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status. Contractor shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VII of the Civil Rights Act of 1964, the California Fair Housing and Employment Act and other applicable Federal, State and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.

7.10 Contractor agrees to comply with the Americans with Disabilities Act of 1990, as amended (42 U.S.C.

12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and standards issued pursuant to the Americans with Disabilities Act. Contractor will also comply with the current edition of the California Building Code (California Code of Regulations, Title 24, Part 2).

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7.11 Contractor agrees to comply and certify compliance with the Drug Free Workplace Act of 1990 per Government Code Section 8350 et seq.

7.12 Contractor acknowledges it will comply with the provisions of Public Contract Code section 4100-4114 regarding subcontractors. The Contractor hereby agrees to reimburse the County for costs incurred by the awarding authority in the substitution of subcontractors. Where a hearing is held pursuant to the provisions of Chapter 4 of the Public Contract Code (commencing with Section 4100) by the awarding authority or a duly appointed hearing officer, the County shall prepare and certify a statement of all costs incurred by the County for investigation and conduct of the hearing, including the costs of any hearing officer and shorthand reporter appointed. The statement shall then be sent to the Contractor who shall reimburse the County for such costs. If not paid separately, such reimbursement may be deducted from any money due and owing to the Contractor prior to acceptance of the Work. 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 San Bernardino County Department of Public Works - Special Districts, or his/her designee.

7.13 The Contractor hereby agrees to comply with the State Labor Code and certifies through signature of this Contract that, in accordance with Section 3700 of the State Labor Code, Contractor is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and will comply with such provisions before commencing the performance of the Work of this Contract.

7.14 The Contractor acknowledges that he will be held responsible for compliance with the provisions of Sections 1777.5 and 1776 of the State Labor Code.

7.15 Contractor shall comply with Senate Bill 854 (Chapter 28, Statutes of 2014) and Senate Bill 96 (Chapter 28, Statutes of 2017) including, but not limited to, the following requirements: (1) no contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5; (2) no contractor or 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; (3) this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations; (4) Contractor shall post job site notices regarding compliance…