Addendum No. 2 - Materials Testing Seven Oaks.pdf

ADDENDUM NO. 2

GEOTECHNICAL AND MATERIALS TESTING SERVICES FOR SEVEN OAKS ROAD DAMAGE REPAIR

January 7, 2026

REQUEST FOR PROPOSAL NO. PWG126-LANDD-6205

GEOTECHNICAL AND MATERIALS TESTING SERVICES FOR SEVEN OAKS

ROAD DAMAGE REPAIR

DEADLINE FOR PROPOSAL 4:00 PM, THURSDAY, JANUARY 22, 2026

By Email via ePro System

Amend the Request for Proposal as follows:

1. Remove Attachment B, C, D, and E from page 32 to 38 and replace with revised Attachment B, C, D, and E from page 32 to 38.

2. Provide H15239 Seven Oaks Road Plans and Special Provisions for reference.

Provide the following attachments:

Attachment #1: Revised Attachment B, C, D, and E from Page 32 to 38 Attachment #2: H15239 Seven Oaks Road Plans Attachment #3: H15239 Seven Oaks Road Special Provisions

GEOTECHNICAL AND MATERIALS TESTING SERVICES FOR SEVEN OAKS ROAD DAMAGE REPAIR

January 7, 2026

The addition of these requirements shall be considered in concert with existing documents in preparation of bids. THE BIDDER’S CERTIFICATION FOR THIS ADDENDUM NO. 2 SHALL BE

SIGNED BY THE SAME PERSON WHO SIGNS THE PROPOSAL AND SHALL BE SUBMITTED

WITH THE PROPOSAL. ANY proposal not accompanied by a signed BIDDER’S CERTIFICATION (below) acknowledging receipt of this Addendum No. 2 will NOT be accepted.

Noel Castillo, P.E., Director Department of Public Works

By:

Andy Silao, P.E., Chief

Contracts Division

AS:mt

BIDDER'S CERTIFICATION:

By my signature hereunder, I acknowledge receipt of Addendum No. 2 and I fully understand the intent and detail of Addendum No. 2, which I have considered in my preparation of the attached proposal.

Bidder's Signature Date

Note: The page containing the executed BIDDER’S CERTIFICATION (just this page), must be included with the proposal.

Attachment #1 Revised Attachment B, C, D, and E from Page 32 to 38

San Bernardino County Department of Public Works & San Bernardino County Flood Control District

Request for Proposal Geotechnical and Materials Testing Services for Seven Oaks Road Damage Repair

No. PWG126-LANDD-6205

ATTACHMENT B

STATEMENT OF CERTIFICATION

The following statements are incorporated in our response to San Bernardino County.

Statement Agree (initial)

Agree with qualification (initial and attach explanation)

1.

The offer made in the Proposal is firm and binding for nine (9) months from the date the Proposal is opened.

2.

All aspects of the Proposal, including cost, have been determined independently, without consultation with any other Proposer or competitor for the purpose of restricting competition.

3.

All declarations in the Proposal and attachments are true and that this shall constitute a warranty, the falsity of which will entitle the County to pursue any remedy by law.

4.

Proposer agrees that all aspects of the RFP and the Proposal submitted shall be binding if the Proposal is selected and a Contract awarded.

5.

Proposer agrees to provide the County with any other information the County determines is necessary for an accurate determination of the Proposer’s ability to perform the services as proposed.

6.

Proposer, if selected, will comply with all applicable rules, laws and regulations.

7. Reserved

San Bernardino County Flood Control District

Request for Proposal Geotechnical and Materials Testing Services for Seven Oaks Road Damage Repair

ATTACHMENT C

LICENSES, PERMITS, and/or CERTIFICATIONS

TYPE (ie: License, Permit, Certifications) EXPIRATION Include DIR Registration No. of Consultant and Subcontractors

San Bernardino County Flood Control District

Request for Proposal Geotechnical and Materials Testing Services for Seven Oaks Road Damage Repair

ATTACHMENT D

CERTIFICATION REGARDING DEBARMENT OR SUSPENSION; CALIFORNIA SECRETARY OF

STATE BUSINESS ENTITY REGISTRATION

In compliance with contracts and grants Contracts applicable under the U.S. Federal Awards Program, the following certification is required by all Proposers submitting a response to this RFP:

1. The Proposer certifies, to the best of its knowledge and belief, that neither the Proposer nor its Principals are suspended, debarred, proposed for debarment, or declared ineligible for the award of contracts from the United States federal government procurement or nonprocurement programs, or are individually or collectively listed as such in the United States General Services Administration’s System for Award

Management (SAM) website (www.sam.gov).

2. The Proposer certifies, to the best of its knowledge and belief, that neither any subcontractor listed in its

Proposal, nor subcontractor’s Principals are suspended, debarred, proposed for debarment, or declared ineligible for the award of contracts from the United States federal government procurement or nonprocurement programs, or are individually or collectively listed as such in the United States General

Services Administration’s System for Award Management (SAM) website (www.sam.gov).

3. “Principals,” for the purposes of this certification, means officers, directors, owners, partners, and persons having primary management or supervisory responsibilities within a business entity (e.g., general manager, plant manager, head of a subsidiary, division, or business segment, and similar positions).

4. The Proposer shall provide immediate written notice to the Purchasing Agent if, at any time prior to award, the Proposer learns that this certification was erroneous when submitted or has become erroneous by reason of changes in circumstances.

5. This certification is a material representation of fact upon which reliance will be placed when making the award. If it is later determined that the Proposer rendered an erroneous certification, in addition to other remedies available to the County, the County may terminate the Contract resulting from this RFP for default.

6. Proposer affirms that neither it, nor any subcontractor listed in the Proposal, has any record of recent unsatisfactory performance with the County during the past twenty-four (24) months at a minimum.

7. Proposer also certifies that if it or any of the subcontractors listed in the Proposal are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.

San Bernardino County Flood Control District

Request for Proposal Geotechnical and Materials Testing Services for Seven Oaks Road Damage Repair

ATTACHMENT E – FEE PROPOSAL SHEET(S)

SCHEDULE OF RATES

The Consultant’s Fee Schedule is attached and incorporated herein by this reference, with the following conditions:

• All rates are fixed, including predetermined escalations during the term of the agreement.

• All services subject to prevailing wage laws will be subject to change on a prorated basis to reflect applicable revisions to DIR’s published wage and benefit scales.

• All rates are maximum rates.

• Those conditions and/or notes stated in the Consultant’s Fee Schedule not consistent with the agreement clauses will not apply.

• Other Direct Costs (ODC) items that would be considered "tools of the trade" are not reimbursable, even if they are listed fee items in the Consultant’s Fee Schedule.

• ODC items that are not part of the Consultant’s indirect cost pool and are considered beyond and above “tools of the trade", which may include document reproduction, plots and Mylar, materials, equipment rentals, car rental etc., should be based on actual costs (no mark-ups or profit) and supported by historical data and other documentation.

• Reimbursement of Travel Expenses If the Consultant’s Fee Schedule includes travel expenses as direct costs to be reimbursed by the

County, Current County Rate Schedule for Meals and Travel Charge Rates will apply.

For purposes of mileage calculation, the building located at 825 E. Third Street, San Bernardino, CA, will be considered as the “home base”. The Consultant will only be reimbursed for mileage between the "home base” and the project site. Additional mileage, as appropriate in conjunction with the specific work assignment, may be reimbursable, provided such mileage has been pre- approved by the County Representative.

Consultant shall be reimbursed in accordance with the County Rate Schedule for Meals and Travel Charge Rates that exist at the time of incurring the meal and/or travel charge. As of the Effective Date of this Agreement the existing rates are:

1. Per Diem Meal Rates.

a) Option 1 - With receipts. Payment for meal expenses up to $50.00 per day, including tax and gratuity for three (3) meals, or when separate meals are claimed, Breakfast - $11.00, Lunch - $15.00, Dinner - $24.00, all including tax and gratuity.

b) Option 2 - Without receipts. Payment for meal expenses up to $34.00 per day, including tax and gratuity for three (3) meals, or when separate meals are claimed, Breakfast - $6.00, Lunch - $9.00, Dinner - $19.00, all including tax and gratuity.

c) All meals for a single day must be claimed under either Option 1 or Option 2

2. Travel Time.

a. If not lodging overnight, travel time and mileage to and from home base to project site and per diem meals (Breakfast and Lunch only) will be paid as stated above. Actual miles driven within project site will also be paid.

b. If lodging overnight is approved, travel time and mileage to and from home base to project site will be paid, but only for the day of travel to project site and for the day of travel to return to business location. Actual miles driven within project site will also be paid. Per Diem meals will be paid as stated above.

3. Mileage Rate. The current County rate for mileage is $0.70 per mile. This may be adjusted whenever the IRS rate is adjusted.

Lodging.

If lodging cost is to be reimbursed by the County, approval for the overnight lodging and room rates must be pre-approved by the County Representative.

Overtime.

Overtime must be pre-approved by the County Representative.

Inclusion of cost items not listed in the Consultant’s Fee Schedule must be pre-approved by the County Representative.

San Bernardino County Flood Control District

Request for Proposal Geotechnical and Materials Testing Services for Seven Oaks Road Damage Repair

ATTACHMENT E – ESTIMATED COST TO COMPLETE THE REQUESTED SCOPE OF SERVICES

Classification Straight Time

Hourly Rate

Hours

Overtime Hourly

Rate (8-12 hours)

Hours

Overtime Hourly Rate

(Over 12 hours) Hours

Total (Rate*Hours)

Project Manager

Field Inspector (Prevailing Wage)

Source Inspector

Office Engineer (Non-PE)

Geotechnical Engineer

(GE)

Materials Project Engineer

(PE)

Materials Project Manager

Materials Deputy Inspector (ICC Inspector)** (Prevailing Wage)

Materials Technician** (Prevailing Wage)

Batch Plant / Local Materials Source Inspector** (Prevailing Wage)

Materials Sample Delivery Driver (Laboratory Technician)

Project Administrator/Word Processor

** Includes Vehicle and Equipment

Total:

San Bernardino County Flood Control District

Request for Proposal Geotechnical and Materials Testing Services for Seven Oaks Road Damage Repair

ATTACHMENT E – ESTIMATED COST TO COMPLETE THE REQUESTED SCOPE OF SERVICES* (Con’t)

Description Unit Rate ($) Unit Qty Total CT 202: Sieve analysis - Fine and Coarse Aggregates EA.

CT 204: LL, PL, PI EA.

CT 205: Percent Crushed Particles EA.

CT 206: SpG & Absorption - Coarse Aggregates EA.

CT 207: SpG & Absorption - Fine Aggregates EA.

CT 208: Apparent SpG - Fine Aggregates EA.

CT 211: LA Rattler EA.

CT 212: Unit Weight of Aggregates EA.

CT 213: Organic Impurities of PCC sand EA.

CT 214: Sodium Sulfate Soundness EA.

CT 217: Sand Equivalent EA.

CT 226: Moisture Content - Soils and Aggregates EA.

CT 227: Cleanness Value EA.

CT 229: Durability EA.

CT 234: Uncompacted void - Fine Aggregates EA.

CT 235: Flat and Elongated Particles EA.

CT 301: "R" Value EA.

CT 308: Bulk SpG and Density - HMA (Cores) EA.

CT 308: Bulk SpG and Density - HMA (Lab Compacted Briquette)

EA.

CT 309: Max SpG and Density - HMA EA.

CT 366: Stabilometer EA.

CT 382: AC Content by Ignition Oven EA.

CT 521: Compressive Strength - PCC EA.

CT 523: Flexural Strength - PCC EA.

ASTM C39: Concrete Compressive Strength EA.

ASTM D443: Sieve Analysis w/o Hydrometer EA.

ASTM D698: Laboratory Compaction Using Standard Effort (Method C)

EA.

ASTM D1557: Laboratory Compaction Using Modified Effort (Method A/B)

EA.

ASTM D1557: Laboratory Compaction Using Modified Effort (Method C)

EA.

Milage: IRS Rate Mile

Field Vehicle and Equipment: Hour

Project Management Fleet Vehicle (prorated on 160 hours per month)

Month

Materials Testing Fleet Vehicle Hour

Total:

Mail or submit in person Attachment E, in a separate sealed envelope labeled “Fee Proposal Sheet” with the RFP Number and Title and the name of the Proposer clearly marked on the outside, to the address stated in Section 1, Paragraph

San Bernardino County Flood Control District

Request for Proposal Geotechnical and Materials Testing Services for Seven Oaks Road Damage Repair

This page is intentionally left blank

Attachment #2 H15239 Seven Oaks Road Plans

05/28/2025

05/28/2025

5/22/20255/22/2025

5/22/2025

Attachment #3 H15239 Seven Oaks Road Special

Provisions

NOTICE TO BIDDERS AND SPECIAL PROVISIONS

FOR CONSTRUCTION ON

SEVEN OAKS ROAD

Between Middle Control Road and 0.71 Miles West of Glass Road

LENGTH: 2.25 Miles

WORK ORDER: H15239

AREA: Barton Flats

ROAD NO.: 742650 010

FEDERAL PROJECT NO.: ACSTP-15Y0(033)

For use in connection with the following publications of the State of California, Department of Transportation:

1. California Department of Transportation (Caltrans) 2023 Standard Specifications, including the Caltrans 2023 Revised Standard Specifications, unless specified otherwise in these Special Provisions.

2. Caltrans Standard Plans dated 2023 (Latest revisions), unless specified otherwise in these Special Provisions.

3. Labor Surcharge and Equipment Rental Rates effective on the date work is accomplished.

SAN BERNARDINO COUNTY

DEPARTMENT OF PUBLIC WORKS

-- TRANSPORTATION --

The Notice to Bidders and Special Provisions, prepared for construction on

SEVEN OAKS ROAD

Between Middle Control Road and 0.71 Miles West of Glass Road have been recommended for approval under the direction of the following:

Noel Castillo, P.E.

Director of Public Works Date:

Mervat Mikhail, P.E.

Deputy Director of Public Works Date:

have been prepared by or under the direction of the following Registered Engineers:

Chris Nguyen, P.E.

Design Division Engineering Manager Date:

Anthony Pham, P.E.

Traffic Division Engineering Manager Date:

5/22/2025

5/22/2025

05/28/2025

5/27/2025

TABLE OF CONTENTS

Notice to Bidders ........................................................................................... NB-1

Special Provisions .......................................................................................... SP-1

DIVISION I GENERAL PROVISIONS

Section 1. General ............................................................................... SP-1

Section 2. Bidding ................................................................................ SP-4

Section 3. Contract Award and Execution .......................................... SP-14

Section 4. Scope of Work .................................................................. SP-19

Section 5. Control of Work ................................................................. SP-21

Section 6. Control of Materials ........................................................... SP-26

Section 7. Legal Relations and Responsibility to the Public ............................................................................... SP-31

Section 8. Prosecution and Progress ................................................. SP-42

Section 9. Payment ............................................................................ SP-44

DIVISION II GENERAL CONSTRUCTION

Section 10. General…......................................................................... SP-47

Section 12. Temporary Traffic Control ................................................. SP-49

Section 13. Water Pollution Control ..................................................... SP-52

Section 14. Environmental Stewardship ............................................... SP-53

DIVISION III EARTHWORK AND LANDSCAPE

Section 17. General ............................................................................. SP-56

Section 19. Earthwork .......................................................................... SP-56

Section 22. Finishing Roadway ............................................................ SP-59

DIVISION IV SUBBASES AND BASES

Section 26. Aggregate Bases .............................................................. SP-60

DIVISION V SURFACINGS AND PAVEMENTS

Section 37. Seal Coats ........................................................................ SP-61

Section 39. Asphalt Concrete .............................................................. SP-62

DIVISION VIII MISCELLANEOUS CONSTRUCTION

Section 78. Incidental Construction ...................................................... SP-68

DIVISION IX TRAFFIC CONTROL DEVICES

Section 81. Miscellaneous Traffic Control Devices .............................. SP-69

Section 82. Signs And Markers ............................................................ SP-69

Section 84. Markings ........................................................................... SP-70

ATTACHMENTS

Attachment A General Prevailing Wage Rates ............................... Blue Pages

Attachment B Federal Prevailing Wage Rates ................................. Pink Pages

Attachment C Required Contract Provisions for Federal-Aid Construction Contracts .......................................... Yellow Pages

Attachment D Permits and Agreements ....................................... Brown Pages

Attachment E Standard and Special Drawings ............................. Green Pages

Attachment F Proposal .......................................................... P-1 through P-20

Attachment G Contract .................................................................... 1 through 4

(with attachments) ................................................... 1 through 25

NB-1

NOTICE TO BIDDERS

NOTICE IS HEREBY GIVEN that the Board of Supervisors of the San Bernardino County, State of California, will receive sealed proposals until

10:00 A.M., THURSDAY, AUGUST 21, 2025

in the building of:

San Bernardino County Department of Public Works Front Reception Desk

825 East 3rd Street San Bernardino, CA 92415-0835

PLEASE NOTE: All bidders and subcontractors, including, but not limited to persons or entities that deliver ready-mix concrete, must be registered with: 1) the Department of Industrial Relations (with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)); and 2) the County’s ePro system prior to the date and time to receive sealed proposals or they will be disqualified. The lowest responsive and responsible bidder and its subcontractors must also be registered with the Department of Industrial Relations at the time of award of the contract and must remain registered throughout the term of the contract pursuant to Labor Code section 1771.1. For more information on the requirements of Labor Code section 1771.1, please see http://www.dir.ca.gov/Public-Works/SB854.html.

Bids (also referred to as “proposals”) in response to this solicitation can be submitted through the San Bernardino County Electronic Procurement Network (ePro) https://epro.sbcounty.gov/bso/ . (However, if the bid is submitted in ePro, the bidder’s security described herein must still be submitted in person in a sealed envelope prior to the proposal opening date and time) or hard copy in person, with the bidder’s security described herein in a sealed envelope prior to the proposal opening date and time, to the San Bernardino County Department of Public Works at which time they will be transmitted, publicly opened and declared via video and teleconference via goto.com/Meeting using meeting ID 434-769-549. See the flyer available under the bid posting on ePRO for further login information for the following project:

SEVEN OAKS ROAD

Between Middle Control Road and 0.71 Miles West of Glass Road

LENGTH: 2.25 Miles

WORK ORDER: H15239

AREA: Barton Flats

ROAD NO.: 742650 010

The work, in general, consists of reconstructing washed-out road sections; filling in potholes; crack sealing, milling and overlaying existing road portions, placing traffic striping, markers and roadside signs and doing other work appurtenant thereto.

This project requires a Class A or C12 Contractor’s license issued by the state of California Contractors State Licensing Board. The Contractor must maintain this license from contract award through acceptance. All contractors, including any out-of-state contractors/subcontractors, must comply with all applicable laws and regulations of the State of California at the time of bid and award.

http://www.dir.ca.gov/Public-Works/SB854.html

NB-2

SPECIAL NOTICE

The contract is funded in whole or in part with federal funds administered by the California Department of Transportation (Caltrans). As a result, please note the state and federal requirements identified in these Special Provisions and in the Contract (with attachments).

Attention is directed to the Special Provisions regarding the San Bernardino County Equal Employment Opportunity Program, Emerging Small Business Enterprise (ESBE) Program, and the disadvantaged business enterprises (DBE) requirements.

San Bernardino County affirms that, in any contract entered into pursuant to this advertisement, DBEs will be afforded full opportunity to submit bids in response to this invitation. This project and the resulting contract have a DBE goal of 0 Percent (0.0%) participation. Bidders must meet the DBE goal or make adequate good faith efforts to meet the DBE goal, as detailed in Section 2-1.02, “Disadvantaged Business Enterprise” of the Special Provisions. The County may consider the DBE commitments of the 2nd and 3rd low bidders when determining whether or not the apparent low bidder made adequate good faith efforts to meet the DBE goal.

The resulting contract requires the following number of apprentices: 0.

San Bernardino County is implementing contract requirements for submittal of the Data Universal Numbering System (D-U-N-S) Number form. Refer to section 3 of these Special Provisions.

A non-mandatory pre-bid meeting is scheduled for : 10:00 A.M., WEDNESDAY, AUGUST 6, 2025

To be held via video and teleconference via goto.com/meeting using meeting ID 434-769-549. See the flyer available under the bid posting on ePro for further login information. All bidders and interested small businesses are encouraged to attend this meeting.

This meeting is to inform bidders of project requirements and subcontractors of subcontracting and material supply opportunities. Bidder’s attendance at this meeting is not mandatory, but all bidders are encouraged to attend this meeting.

NOTICE: BIDDERS MUST OBTAIN BIDDING DOCUMENTS AND PREPARE THEIR BIDS ON FORMS

OBTAINED DIRECTLY FROM THE SAN BERNARDINO COUNTY DEPARTMENT OF PUBLIC WORKS OR

FROM THE COUNTY OF SAN BERNARDINO ELECTRONIC PROCUREMENT NETWORK (ePRO) https://epro.sbcounty.gov/bso/. BIDS PREPARED ON FORMS OBTAINED FROM OTHER SOURCES WILL BE DEEMED NON-RESPONSIVE. BIDDERS MUST BE LISTED ON THE OFFICIAL PLAN HOLDERS LIST AT THE TIME BIDS ARE PUBLICLY OPENED. BIDS RECEIVED FROM BIDDERS WHO ARE NOT LISTED ON

THE OFFICIAL PLAN HOLDERS LIST WILL NOT BE ACCEPTED.

Bids shall be prepared in accordance with these Special Provisions and the following:

1. Caltrans 2023 Standard Specifications, including the Caltrans 2023 Revised Standard Specifications, unless specified otherwise in these Special Provisions.

2. Caltrans Standard Plans dated 2023, unless specified otherwise in these Special Provisions.

3. Labor Surcharge and Equipment Rental Rates effective on the date work is accomplished.

These publications are published by Caltrans and may be reviewed at the Department of Public Works located at 825 East 3rd Street, Room 147, San Bernardino, California or at the following website:

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

NB-3

The bids must also be accompanied by cash, cashier's check, certified check, or bidder's bond executed by an admitted surety insurer, made payable to the San Bernardino County in the amount of at least ten percent of the amount of the bid given as a guarantee that the bidder will enter into a contract. The contract shall be signed by the successful bidder and returned within 10 days, and the contract bonds, copy of insurance policies, and Certificates of Insurance, with documents to verify any self-insurance coverage shall be provided within 10 days, not including Saturdays, Sundays, and legal holidays, after the bidder has received the contract for execution.

The Engineer will issue two (2) Notices to Proceed, the first being a Notice to Proceed with Submittals, and the second being a Notice to Proceed with Construction. The Contractor shall begin construction work within 15 days after the Notice to Proceed with Construction (excluding Saturday, Sunday, and holidays). Pursuant to Section 1- 1.07, “DEFINITIONS”, of the Caltrans Standard Specifications, “day” means “24 consecutive hours running from midnight to midnight; calendar day”.

The Plans and Special Provisions may be obtained at no cost by visiting http:\\epro.sbcounty.gov\bso

With the purchase, a return address must be furnished which the purchaser thereby agrees is sufficient to reach him/her. Please note that, upon payment of the purchase price, the purchased copy of the plans and Special Provisions become the property of the purchaser and are not to be returned to the County for refund.

QUESTIONS: Bidders must submit all questions in writing, by e-pro, mail, or e-mail. The deadline for bidder questions is 4:00 P.M. on Friday, August 8, 2025.

BONDS: The successful bidder will be required to furnish a Labor and Materials Bond and a Faithful Performance Bond, each in a penal sum equal to one hundred percent of the Contract price

Notice is hereby given that the successful bidder who is awarded the contract may avail itself to Public Contract Code section 22300 which allows substitute securities to be deposited in lieu of retention payments withheld to insure performance.

ePRO: Attention is directed to Section 2, “Proposal Requirements and Conditions” regarding the County of San Bernardino’s Electronic Procurement Network (ePro) system. THIS SYSTEM

REQUIRES NEW REGISTRATION FOR ALL VENDORS DOING BUSINESS WITH THE COUNTY.

EQUAL EMPLOYMENT OPPORTUNITY: During the term of the Agreement, 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 VI and Title VII of the Civil Rights Act of 1964, the California Fair Housing and Employment Act and other applicable Federal, State of California and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.

This contract is subject to the State of California contract nondiscrimination and compliance requirements pursuant to Government Code section 12990.

EMERGING SMALL BUSINESS ENTERPRISE PROGRAM: Contractors are encouraged to participate in the San Bernardino County Emerging Small Business Enterprise (ESBE) Program.

Questions regarding the ESBE Program should be directed to the Contracts Division at (909) 387-7920.

CONFLICT OF INTEREST AND FORMER COUNTY OFFICIALS: Attention is directed to the Conflict of Interest and Former County Officials requirements in the special provisions.

NB-4

REPORT BID RIGGING: The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424-9071. The service is available 24 hours 7 days a week and is confidential and anonymous. The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General.

PREVAILING WAGES: Pursuant to section 1773 of the Labor Code, the general prevailing rates of wages in the San Bernardino County have been determined and are listed in the State of California Department of Industrial Relations Director’s General Prevailing Wage Determinations (https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm). In addition, these wages are set forth in the General Prevailing Wage Rates included in these Special Provisions. The Contractor and subcontractors shall not pay less than the prevailing wage. Copies of the prevailing wage rates are also on file at the San Bernardino County Department of Public Works Contracts Division office (address identified above) and shall be made available to any interested party on request. A copy of the determination of the Director of prevailing rate of per diem wages shall be posted at each job site. More specifically, the Contractor shall post the general prevailing wage rates at a prominent place at the job site (Labor Code section 1773.2).

Future effective general prevailing wage rates, which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates.

The Federal prevailing wages for this project as predetermined by the United States Secretary of Labor are set forth in the Federal Prevailing Wages included in these Special Provisions and also available on the internet at: https://sam.gov/content/home.

Addenda to modify the Federal prevailing wage rates, if necessary, will be issued to holders of the Special Provisions for the project.

Attention is directed to the prevailing wage requirements in the Special Provisions. The contractor and subcontractors shall pay not less than the federal prevailing wages or the general prevailing wage rates. If there is a difference between the prevailing wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rate. The Department will not accept lower State wage rates not specifically included in the Federal prevailing wage determinations. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal prevailing wage rate, which most closely approximates the duties of the employees in question.

LABOR CODE REQUIREMENTS REGARDING REGISTRATION AS CONTRACTOR OR

SUBCONTRACTOR REQUIRED PRIOR TO BID PROPOSAL SUBMISSION: Contractor shall comply with Labor Code section 1771.1, 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 (with limited exceptions from this requirement for bid purposes only under Labor Code

ADDENDUM NO. 2

https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm https://sam.gov/content/home

NB-5

section 1771.1(a)); (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 monitoring and enforcement by the Department of Industrial Relations; and (5) Contractor must submit certified payroll at least monthly to the Labor Commissioner in a format prescribed by the Labor Commissioner.

As provided in Labor Code section 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.

(b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor’s current registration to perform public work pursuant to Section 1725.5.

(c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:

(1) The subcontractor is registered prior to the bid opening.

(2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5.

(3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.

(d) Failure by a subcontractor to be registered to perform public work as required by subdivision

(a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor.

(e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.

(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.

(g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged in the performance of any public work contract without having been registered in accordance with this section, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day of work performed in violation of the registration requirement, not to exceed an aggregate penalty of eight thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5.

(h) (1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) for each day the unregistered lower tier subcontractor

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performs work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000).

(2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner’s ability to monitor and enforce compliance with the requirements of this chapter.

(3) A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor’s performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration.

(4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or subcontractor may not require a lower tiered subcontractor to indemnify or otherwise be liable for any penalties pursuant to paragraph (1).

(i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1742. The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply.

(j) (1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirements of Section 1725.5 or this section, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public work.

(2) A stop order may be personally served upon the contractor or subcontractor by either of the following methods:

(A) Manual delivery of the order to the contractor or subcontractor personally.

(B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postage prepaid to the contractor or subcontractor at the address on file with either of the following:

(i) The Contractors’ State License Board.

(ii) The Secretary of State.

(3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1.

(k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or subcontractor to observe a stop order issued and served upon him or her pursuant to subdivision (j) is guilty of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days or by a fine not exceeding ten thousand dollars ($10,000), or both.

(l) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. This section shall also apply to the performance of any public work, as defined in this chapter, on or after January 1, 2018, regardless of when the contract for public work was entered.

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(m) Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section.

(n) This section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.

LABOR CODE REQUIREMENTS FOR ENTITIES HAULING OR DELIVERING READY-MIXED

CONCRETE: Adherence to the prevailing wage requirements found in Labor Code section

1720.9 for the hauling and delivery of ready-mixed concrete is required. This includes, but is not limited to, a requirement for the person or entity that delivers ready-mixed concrete to register with the Department of Industrial Relations (DIR) as specified in Labor Code section 1725.5. For more information, please see the DIR website: http://www.dir.ca.gov/.

IRAN CONTRACTING ACT OF 2010 (Public Contract Code section 2200 et seq.)

(Applicable only to Contracts of One Million Dollars ($1,000,000) or More): In accordance with Public Contract Code section 2204(a), the bidder certifies that at the time the bid is submitted, the bidder signing the bid is not identified on a list created pursuant to subdivision (b) of Public Contract Code section 2203 as a person (as defined in Public Contract Code section 2202(e)) engaging in investment activities in Iran described in subdivision (a) of Public Contract Code section 2202.5, or as a person described in subdivision (b) of Public Contract Code section 2202.5, as applicable.

RUSSIAN SANCTION/EXECUTIVE ORDER N-6-22 (Applicable for all Contracts of five million dollars ($5,000,000) or more utilizing State funding.): On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-information/ukraine-russia-related-sanctions), as well as any sanctions imposed under state law (https://www.dgs.ca.gov/OLS/Ukraine-Russia). The EO directs state agencies and their contractors (including by agreement or receipt of a grant) to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should it be determined that Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. Contractor shall be provided advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the County.

BUILD AMERICA BUY AMERICA (BABA): This project is subject to the Build America Buy America Act, enacted by section 70911 of the of the Infrastructure Investment and Jobs Act (135 Stat, 429, 117 P.L. 58) on November 15, 2021, established a domestic content procurement preference for all Federal financial assistance obligated for infrastructure projects after May 14, 2022. The domestic content procurement preference requires that all iron, steel, manufactured products, and construction materials used in covered infrastructure projects are produced in the United States.

CARGO PREFERENCE ACT: This project is subject to the Cargo Preference Act requirements.

ADDENDUM NO. 2

http://www.dir.ca.gov/ https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-information/ukraine-russia-related-sanctions https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-information/ukraine-russia-related-sanctions https://www.dgs.ca.gov/OLS/Ukraine-Russia https://www.hud.gov/sites/dfiles/GC/documents/Build%20America,%20Buy%20America%20Act%20Provisions.pdf https://www.hud.gov/sites/dfiles/GC/documents/Build%20America,%20Buy%20America%20Act%20Provisions.pdf

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The Contractor agrees-

1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carries, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the resulting contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels.

2. To Furnish within 20 days following the date of loading for shipments originating within the United State or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated “on-board” commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590.

3. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to the resulting contract.

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 banking account. Contractor shall promptly comply with directions and accurately complete forms provided by County required to process EFT payments.

CALIFORNIA AIR RESOURCES BOARD (CARB) IN-USE OFF-ROAD DIESEL-FUELED

FLEETS REGULATION COMPLIANCE CERTIFICATION: This Project is subject to the California Air Resources Board (CARB) approved amendments relating to In-Use Off Road Diesel-Fueled Fleets found at California Code of Regulations Title 13, sections 2449, 2449.1, and 2449.2 (the “Regulations”). The Regulations require a Prime Contractor, bidding on a public works project to be awarded by any public works awarding body, to certify that the Contractors off-road diesel-fueled fleets comply with CARB regulations. Section 2249(b) includes a list of off-road diesel-fueled fleets subject to these regulations. It is the responsibility of the Contractor to verify if their fleet is subject to these regulations.

Contractor is required to obtain and submit Certificates of Reported Compliance from all subcontractors that are listed in the bid submission. Failure to provide Contractor’s CARB compliance number may constitute a material irregularity rendering their bid non-responsive and non-responsible, and subject to rejection for non-responsiveness.

No award shall be made to a Contractor that has failed to provide its CARB compliance certificates, unless the Contractor confirms that no equipment subject to the regulation will be used to execute the Contract Work. By submitting a bid, the Bidder hereby certifies that it is aware of the requirements set forth in Sections 2449, 2449.1, and 2449.2, Title 13, California Code of Regulations and any successful Bidder and its subcontractors shall comply with sections 2449, 2449.1, 2449.2 of Title 13 of the California Code of Regulations, including by providing Certificate(s) of Reported Compliance for In-Use Off-Road Diesel-Fueled Fleets for the fleet selected for the contract and their listed subcontractors, if applicable, with its bid.

Contractor shall not enter into a contract with a fleet for which it does not have a valid Certificate of Reported Compliance for the fleet and Contractor’s listed subcontractors, if applicable, prior to entering into a new or renewed contract with that fleet. Contractor shall only allow fleets with

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valid Certificates of Reported Compliance on Contractor’s job sites. The Certificates of Reported Compliance received by the Contractor for this Project must be retained for three (3) years after the Project’s completion. Upon request by CARB, these records must be provided to CARB within five (5) business days of the request. Between March 1 and June 1 of each year, Contractor must collect new valid Certificates of Reported Compliance for the current compliance year, as defined in Regulation Section 2449(n), from all fleets that have an ongoing contract with the Contractor as of March 1 of that year. Contractor must not write contracts to evade this requirement.

If Contractor discovers that any fleet intending to operate vehicles subject to the Regulation for Contractor does not have a valid Certificate of Reported Compliance, as defined in Regulation section 2449(n), or if Contractor observes any noncompliant vehicles subject to the Regulation on Contractor’s job site, then Contractor must report the required information to CARB within the time period contained in in the Regulations.

Upon request by CARB, Contractor must immediately disclose to CARB the name and contact information of each responsible party for all vehicles subject to the Regulation operating at the job site or for Contractor. If applicable, Contractor shall prominently display signage for any project where vehicles subject to the Regulation as provided and within the time period contained in the Regulation.

Situations in which prime contractors or public works awarding bodies, as applicable, are contracting for projects that are considered emergency operations, as defined in section 2449(c)(18), are exempt from the requirements in section 2449(i)(1)-(3), but must still retain records verifying vehicles subject to the regulation that are operating on the emergency operations project are actually being operated on the project for emergency operations only.

These records must include a description of the emergency, the address or a description…