CSA 70 BL Electrical Svc Line and Flow Meter Install - Section A - Bidding Requirements.pdf

BID REQUIREMENTS, CONTRACT DOCUMENTS,

GENERAL AND SPECIAL CONDITIONS,

PERFORMANCE SPECIFICATIONS AND PROJECT

PLANS

FOR

CSA 70 BL ELECTRICAL SERVICE LINE

AND FLOW METER INSTALLATION

PROJECT

COUNTY SERVICE AREA (CSA) 70 BL

BLOOMINGTON, CALIFORNIA

PROJECT NO.: 30.30.0215

SAN BERNARDINO COUNTY

DEPARTMENT OF PUBLIC WORKS - SPECIAL DISTRICTS

222 W. HOSPITALITY LANE, 2

nd FLOOR

SAN BERNARDINO, CALIFORNIA 92415-0450

DATE: March 4, 2026

BID REQUIREMENTS, CONTRACT DOCUMENTS,

GENERAL AND SPECIAL CONDITIONS,

PERFORMANCE SPECIFICATIONS AND PROJECT

PLANS

FOR THE

CSA 70 BL ELECTRICAL SERVICE LINE

AND FLOW METER INSTALLATION

PROJECT

AT

Submitted By: Ellie Hargrove, Project Manager

Department of Public Works - Special Districts

Reviewed By: Mauricio Rodriguez, Senior Project Manager

Approved By: David Doublet, Assistant Director

Approved as to form:

By: Sophie A. Curtis, Deputy County Counsel

Contract Compliance Review:

By: Noel Mondragon, Division Manager

TABLE OF CONTENTS

A. BIDDING REQUIREMENTS PAGE

Advertisement for Bid AB-1-2

Instructions to Bidders IB-1-13

Bidder Information Form BIF 1-7

Bid Proposal BP-1-9

Bid Bond Security Form BS-1

Non-Collusion Declaration NC-1

Contractor Certification CARB In-Use Off-Road Diesel Fueled

Fleet Certification of Compliance CCC-1

List of Subcontractors Form SFC-1-2

Iran Contracting Act Certification ICC-1

B. CONTRACT AGREEMENTS AND BONDS

Sample Construction Contract Contract-1-38

Performance Bond PB-1-3

Payment Bond PLB-1-2

Contractor’s Affidavit and Final Release CAR-1

C. PREVAILING WAGES

D. GENERAL CONDITIONS (PROVISIONS)

E. SPECIAL CONDITIONS

F. PERFORMANCE SPECIFICATIONS

G. CONTRACT DRAWINGS

SECTION A

BIDDING REQUIREMENTS

AND FLOW METER INSTALLATION

PROJECT

PROJECT NO.: 30.30.0215

Advertisement for Bids for District Projects – AB- 1

ADVERTISEMENT FOR BIDS

FOR THE

AND FLOW METER INSTALLATION PROJECT

Notice is hereby given that the Department of Public Works – Special Districts (Department), on behalf of the Governing Board for County Service Area 70 BL (Bloomington) (District), will receive sealed bids for the CSA 70 BL ELECTRICAL SERVICE LINE AND FLOW METER

INSTALLATION PROJECT on or before April 7, 2026, at 10:00 am at their office at 222 W.

Hospitality Lane, 2nd Floor, San Bernardino, California, 92415-0450, at which time the bids will be publicly opened. Bids received after this time will be returned unopened. Bids shall be valid for 60 calendar days after the bid opening date.

SCOPE OF WORK: Contractor shall provide all supervision, labor, equipment, materials, and transportation necessary to complete the Project that includes furnish and install electrical service meter, cabinet, handhole, trench, conduit, electrical service line, ultrasonic level sensor and subsequent testing, exterior MCC panel with appropriate cabinet to house meter, MCC panel and

SCADA equipment*, and pavement, sidewalk and manhole repairs as shown on the Bid

Documents, including the Plans and Specifications. *SCADA equipment to be installed by others.

NOTE: Nighttime construction will be required for any work within Valley Boulevard right-of-way that requires a lane closure.

Bids can be submitted through the County Electronic Procurement Network (ePro) at https://epro.sbcounty.gov/epro/ (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 in person at the Department. If the bid is submitted through ePro, the bidder acknowledges that its electronic signature is legally binding. All bidders must register with the ePro system prior to the date and time to receive sealed bids or they will be disqualified. Late or incomplete bids will be considered nonresponsive. A “complete” bid is defined as a bidder’s submittal that includes all bid documents (i.e., the bid / proposal, bidder’s security in a separately sealed envelope, and any other bid documents required for the project). System-related issues in ePro shall be directed to Vendor support at ePro.Vendors@buyspeed.com or at (855) 800-5046. For procurement questions involving ePro, please contact the Purchasing Department at (909) 387·2060.

PLEASE NOTE: All bidders and subcontractors 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.

Advertisement for Bids for District Projects – AB- 2

A Mandatory Pre-bid meeting will start at 10:00 AM on March 11, 2026, via Microsoft

Teams:

Join:

https://teams.microsoft.com/meet/21102453899711?p=DNiZWX8OJoHo7Dfb5J

Meeting ID: 211 024 538 997 11

Passcode: hd7sx2FK

Need help? | System reference

Dial in by phone

+1 661-568-6806,,479882990# United States, Santa Clara

Find a local number

Phone conference ID: 479 882 990#

BIDS SUBMITTED BY FIRMS NOT ATTENDING THE MANDATORY PRE-BID

MEETING WILL BE REJECTED AS NONRESPONSIVE.

Each bidder shall be a licensed contractor pursuant to the Business and Professions Code and shall be licensed in the following classification of contractor’s license, for the work bid upon, and must maintain the license throughout the duration of the contract: California Class “A” Contractor’s

License. In order to be deemed responsive, the bidder must list, in the bid forms, at least three (3) projects of similar size and scope that it has completed over the last five years.

The Bid Documents, including final Plans and Specifications, are available at no cost to the bidder from the ePRO Website at https://epro.sbcounty.gov/epro/.

This Project is subject to California Prevailing Wage requirements. Copies of the prevailing wage rates are on file at the Department and shall be made available to any interested party on request.

Copies are also included in the Bid Documents. A copy of these rates shall be posted by the successful bidder at the job site.

Bids must be accompanied by cash, a certified or cashier’s check, or a bid bond in favor of the

District in an amount not less than ten percent (10%) of the submitted total bid price.

The successful bidder will be required to furnish the District with a Performance Bond and a

Payment Bond, each equal to 100% of the successful bid, prior to execution of the contract. All bonds are to be secured from a surety that meets all of the State of California bonding requirements, as defined in Code of Civil Procedure Section 995.120, and is admitted by the State of California.

Pursuant to Public Contract Code Section 22300, the successful bidder may substitute certain securities for funds withheld by the District to ensure its performance under the Contract.

The District shall award the Contract for the Project to the lowest responsible bidder as determined pursuant to Public Contract Code Section 20103.8(b). The lowest bid shall be the lowest total of the bid prices on the base contract and those additive or deductive items that are specifically identified in the bid solicitation herein, as being used for the purpose of determining the lowest bid price. The responsible bidder who submits the lowest bid for the Project as determined by this section shall be awarded the contract, if it is awarded. This does not preclude the District from adding to or deducting from the contract any of the additive items after the lowest responsible https://teams.microsoft.com/meet/21102453899711?p=DNiZWX8OJoHo7Dfb5J https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2U0OWI2OTEtMTI2Ni00MjI2LWFlMTQtMDFkNzY5MzVhMTIy%40thread.v2/0?context=%7b%22Tid%22%3a%2231399e53-6a93-49aa-8cae-c929f9d4a91d%22%2c%22Oid%22%3a%227e1bad5e-9e62-4546-8b3b-9b8fc4e12b4b%22%7d tel:+16615686806,,479882990 https://dialin.teams.microsoft.com/79918c0c-079d-433b-ace1-5102e02b9197?id=479882990 https://epro.sbcounty.gov/epro/

Advertisement for Bids for District Projects – AB- 3 bidder has been determined. The District reserves the right to reject any or all bids, to waive technical errors, discrepancies or informalities of a bid not affected by law, if to do so seems to best serve the public interest.

For information contact Ellie Hargrove at (909) 771-1702 (or

Ellen.Hargrove@dpw.sbcounty.gov.

By order of the Governing Board of for the District at San Bernardino, California.

Ellie Hargrove, Project Manager

Published in the: ePro

Instructions for Bidders for District Projects – IB- 4

INSTRUCTIONS TO BIDDERS

AND FLOW METER INSTALLATION PROJECT

1. FORM AND PREPARATION OF BID PROPOSAL AND SIGNATURE

A. The bid proposal shall be submitted on the properly completed forms attached hereto and shall be enclosed in a sealed envelope marked and addressed as hereinafter directed. Bids can also be submitted through the San Bernardino County Electronic Procurement

Network (ePro) https://epro.sbcounty.gov/epro/ 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).. All bidders must register with the ePro system prior to the date and time to receive sealed bids or they will be disqualified. System-related issues or procurement questions in ePro shall be directed to the Purchasing Department at (909) 387-2060.

B. The Opening Bid date is April 7, 2026, at 10:00 am

A Mandatory Pre-bid meeting will start at 10:00 am on March 11, 2026 via Microsoft

Teams:

Join:

https://teams.microsoft.com/meet/21102453899711?p=DNiZWX8OJoHo7Dfb

5J

Meeting ID: 211 024 538 997 11

Passcode: hd7sx2FK

Need help? | System reference

Dial in by phone

+1 661-568-6806,,479882990# United States, Santa Clara

Find a local number

Phone conference ID: 479 882 990#

BIDS SUBMITTED BY FIRMS WHO HAVE NOT ATTENDED THE PRE-BID

MEETING WILL BE REJECTED.

The individual attending the mandatory pre-bid meeting must comply with the following:

- Sign the individual’s name on the official sign in sheet at the beginning of the meeting.

- Write the name and address of the company the individual represents; and

- Only one company may be shown as being represented by the individual attending.

The Owner of this Project is County Service Area CSA 70 BL hereinafter referred to as

“District”. The Project is administrated by the Department of Public Works - Special

Districts, herein after referred to as “Department”.

No bid may be withdrawn for sixty (60) days following the bid opening.

https://teams.microsoft.com/meet/21102453899711?p=DNiZWX8OJoHo7Dfb5J https://teams.microsoft.com/meet/21102453899711?p=DNiZWX8OJoHo7Dfb5J https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2U0OWI2OTEtMTI2Ni00MjI2LWFlMTQtMDFkNzY5MzVhMTIy%40thread.v2/0?context=%7b%22Tid%22%3a%2231399e53-6a93-49aa-8cae-c929f9d4a91d%22%2c%22Oid%22%3a%227e1bad5e-9e62-4546-8b3b-9b8fc4e12b4b%22%7d tel:+16615686806,,479882990 https://dialin.teams.microsoft.com/79918c0c-079d-433b-ace1-5102e02b9197?id=479882990

Instructions for Bidders for District Projects – IB- 5

For information regarding this Project, contact the Project Manager, Ellie Hargrove at

(909) 771-1702 or email at Ellen.Hargrove@dpw.sbcounty.gov). DO NOT CONTACT

THE DESIGN CONSULTANT. All technical questions may be submitted to the Project

Manager in ePro, via e-mail and in writing. Last date to submit questions is 5:00 pm, March 24, 2026. No questions will be answered within 72 hours of the bid opening.

Should any of the questions require changes to the plans, specifications or requirements, an addendum will be issued to clarify those changes. Bidders shall be responsible for ensuring that they have received all addendums issued by the County and the submittal of a bid shall be deemed to be based on the Bid Documents, as modified and/or clarified by any and all addenda.

C. Bid proposals must be submitted on the forms prepared and furnished for that purpose and which may be obtained on ePro or at the Department of Public Works - Special Districts office located at 222 W. Hospitality Lane, 2nd Floor, San Bernardino, CA 92415 (909-386-

8818). All blank spaces in the bid proposal and bid sheet(s) shall be properly filled. The phraseology of the bid proposal must not be changed, and no additions shall be made to the items mentioned therein. Unauthorized conditions, limitations, or provisions attached to a bid proposal will render it unresponsive and may cause its rejection. Alterations by erasure or interlineations must be explained or noted in the bid proposal over the signature of the bidder. Alternative bid proposals will not be considered unless specifically provided for in the bid sheet(s).

D. In the event of a discrepancy between the unit price and the total amount bid for an item work, the unit price bid will be considered correct and the total amount will be corrected to conform to the unit price. In the case of a discrepancy between the written bid or numerical bid set forth on the bid proposal, and the numerical bid set forth in the ePro system, the information on the bid proposal shall prevail.

E. If the bid proposal is made by an individual, it shall be signed with a full name and address;

if it is made by a firm, it shall be signed with the partnership name by a member of the firm, who shall also sign their own name, and the name and address of each member shall be given; and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer(s). If a bid proposal is a joint venture, it shall be signed by a member of the joint venture and the full names and addresses of all partners of the joint venture shall be given.

F. All the Work is to be done under contract to include the plans, specifications, and contract documents prepared for CSA 70 BL ELECTRICAL SERVICE LINE AND METER

INSTALLATION PROJECT. Specifically, specifications entitled: “CSA 70 BL

ELECTRICAL SERVICE LINE AND METER INSTALLATION PROJECT.”

G. Each bid shall be in accordance with the plans, specifications, and other bid documents, copies of which may be obtained at the Department of Public Works - Special Districts, Telephone No. (909) 386-8818. There is a non-refundable cost of $20.00 per Electronic CD.

Plans and specifications will be mailed upon request if accompanied by check or money order and bidder's FED-X account number. The plans, specifications, and other bid documents are also available at no cost to the bidder in ePro.

Instructions for Bidders for District Projects – IB- 6

2. ADDRESS AND MARKING OF HARD COPY SUBMISSIONS INCLUDING BID

PROPOSAL

A. The envelope enclosing the bid proposal shall be sealed and addressed to:

San Bernardino County

222 W. Hospitality Lane, 2nd Floor

San Bernardino, CA 92415-0450

B. The envelope shall be plainly marked with the name and address of the bidder in the upper left hand corner and labeled “Sealed Bids: “CSA 70 BL ELECTRICAL SERVICE LINE

AND METER INSTALLATION PROJECT.”

C. Bids can also be submitted through the Electronic Procurement Network (ePro) https://epro.sbcounty.gov/epro/. However, hard copy documents that require separate submission will be delivered to the Department of Public Works - Special Districts Office prior to date and time set for the bid opening.

3. SUBMITTING THE BID PROPOSAL

A. Bid proposals submitted after the time set forth for receiving bid proposals at the place so named herein will returned unopened. It is the sole responsibility of the bidder to submit the bid proposal in accordance with all of the provisions contained herein.

B. Bid proposals may be withdrawn upon the written request of the bidder prior to the time set forth for receiving and opening bid proposals without forfeiture of the bid security and/or bond. If a bid is submitted through ePro, then the bid may also be withdrawn in ePro prior to the scheduled time for receipt of bids. Bid proposals withdrawn after bid opening will cause the forfeiture of said bond and/or security as damages.

C. Opening of Bids: Due to the Covid-19 pandemic and to ensure compliance with social distancing requirements, the bid opening will be conducted in person and virtually via

Microsoft Teams. Bids (both paper and ePro) shall be opened and read aloud at the place and time set in the Advertisement For Bids. The Call in Number, Access Code, and link information for this bid opening will be posted as an amendment on ePro prior to Bid

Opening.

D. The District reserves the right to reject any or all bids, and to waive technical errors, discrepancies or informalities of a bid not affected by law, if to do so is in the best interest of the District.

E. Submitting via ePro – Once the contractor is registered in ePro and logged into the project for which contractor is submitting a bid on, contractor can enter the quote in the “Quote

Tab” and then click Save and Continue. Contractor then must acknowledge and click yes on the terms and conditions in the “Terms and Conditions” tab. To submit and send the bid, contractor needs to access the “Summary Tab”, scroll to the bottom of the page and then click the “Submit Quote” button prior to date/time set for bid opening. Failure to complete all tabs may result in the bid not being submitted electronically. If contractor has

Instructions for Bidders for District Projects – IB- 7 any questions, they may contact the District’s Senior Project Manager to get further directions.

4. BID BOND OR CHECK

The bid must be accompanied by a certified or cashier’s check or bidder’s bond issued by a surety company acceptable to the District, for not less than ten percent (10%) of the amount of the TOTAL BASE BID, made payable to the order of the District, given as a guarantee the bidder will secure the requisite insurance and bonds and enter into contract within ten (10) calendar days after being requested to do so by the District. If the bid is submitted to the

Department of Public Works - Special Districts, the bid security shall be enclosed in the sealed and marked envelope along with the bid proposal. If the bid is submitted through the Electronic

Procurement Network (ePro) then scan the bid security (bid bond/check) and submit the scanned copy with your bid submittal in ePro, additionally, mail or submit the original bid security, in a separate sealed envelope labeled “Bid Bond” with the title of the work and the name of the bidder clearly marked on the outside to: Department of Public Works - Special Districts, 222 W.

Hospitality Lane, Second Floor, San Bernardino, California, 92415-0450. Any mailed or submitted bid security must be received on or before the time set for the opening of the bids.

Within sixty (60) calendar days after the award of the Contract, the District will return to each bidder the bid proposal security submitted with the bid proposal in the form of cash, cashier’s check or certified check, except such security that may have been forfeited in accordance with the provisions stated herein. Bid bonds will be returned within sixty (60) calendar days after the award of the Contract, upon bidder’s written request to the District, except such bid bonds which may have been forfeited in accordance with the provisions stated herein.

5. REGISTRATION OF CONTRACTORS

All bidders shall be licensed in accordance with the provisions of Chapter 9, Division 3, of the

Business and Professions Code of the State of California and possess a California Class A’

Contractor’s License at the time of the scheduled bid opening.

6. LIST OF SUBCONTRACTORS FILED WITH BID AND REGISTERED

CONTRACTORS/SUBCONTRACTORS

In accordance with the provisions of Section 4100 through 4113 inclusive of the Public

Contract Code of the State of California, each bidder shall submit with their bid proposal the name, location of place of business, and California contractor’s license number of each proposed subcontractor who will perform work or labor or render service to the principal

Contractor in an amount in excess of ½ of one percent (.5%) of the principal Contractor’s bid, and shall state the portions of the work which will be done by each such subcontractor.

Contractor and all listed subcontractor(s) must be registered with the Department of Industrial

Relations pursuant to Labor Code section 1725.5. Contractor agrees that 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.

Instructions for Bidders for District Projects – IB- 8

7. LOWEST RESPONSIBLE BIDDER

The low bid shall be determined pursuant Public Contract Code Section 20103.8(b). The lowest bid shall be the lowest total of the bid prices on the base contract and those additive or deductive items that were specifically identified in the bid solicitation as being used for the purpose of determining the lowest bid price. The responsible bidder who submitted the lowest bid as determined by this section shall be awarded the contract, if it is awarded. This section does not preclude the addition to or deduction from the contract any of the additive or deductive items after the lowest responsible bidder has been determined.

Accordingly, the contract shall be awarded to the lowest responsive, responsible bidder based upon the BASE BID + ADDITIVE BID NO. 1. In order to be deemed responsive, the bidder must also list, in the bid forms, at least three (3) projects with similar size and scope of work that it has completed over the last five years.

8. INTERPRETATION OF DRAWINGS AND SPECIFICATIONS

If any bidder is in doubt as to the true meaning of any requirements of drawings or specifications, or finds any discrepancies in, or omissions from the drawings or specifications, the bidder may submit to the engineer a written request for an interpretation or correction thereof. The written request must be received by Tuesday, March 24, 2026 at 5:00 pm. The person making the request will be responsible for its prompt delivery. Interpretations or corrections will be made only by addenda to specifications or by dated revisions or drawings with a copy of each addition or change being furnished through the District to each prospective bidder. Only a written interpretation or correction by Addendum shall be binding.

Bidders shall examine all the bid documents, including the drawings, perform their own estimates for the proposed work, taking into account local conditions, uncertainty of weather, and all laws, ordinances, rules and regulations of any federal, state, County, municipal or other governmental agency that has jurisdiction over the work. The more stringent requirement shall always prevail.

9. LOCAL AND SITE CONDITIONS

A. Bidders shall read the specifications, examine the drawings and the bid documents, and make their own estimates of the existing conditions and the difficulties that will attend the execution of the work called for by the proposed contract, including uncertainty of weather and other contingencies prior to submitting bid proposals for the work.

B. Bidders shall satisfy themselves by personal examination of the location of the proposed work and by such means as they may choose as to actual conditions, limitations and requirements that may affect the execution of the work and as to the accuracy of the quantities stated in the Bid Sheet(s). The submission of a bid proposal shall be conclusive evidence that the Bidder has investigated the Project site and is aware and acknowledges the conditions to be encountered.

Information derived from the maps, plans, specifications, profiles, drawings or from the

Engineer or the Engineer’s assistants shall not relieve the bidder of this responsibility.

Instructions for Bidders for District Projects – IB- 9

C. The failure or omission of any bidder to receive or examine any form, instrument, addendum or other document, or failure to visit and to be acquainted with the conditions at the proposed project site, shall in no respect relieve the bidder from any obligation imposed by the bid or by the contract. The submittal of a bid shall be taken as prima facie evidence of compliance with all instruction contained herein. Any or all addendums issued during the bid process must be submitted with the bid document or the bidder will be disqualified.

D. The quantities of work or material stated in the unit price items of the Bid Sheet(s) are supplied only to give an indication of the general scope of work; the District does not expressly or by implication agree that the actual amount of work or material will correspond therewith but reserves the right to increase or decrease the amount of any unit price item or to omit portions of such work as may be deemed necessary or expedient by the Engineer without a change in the unit price.

E. Bidders shall not at any time after the submittal of a bid make or have any claim for damages or anticipated profits or loss of profit or otherwise because of any difference between the quantities of work actually done and material furnished and those stated in said unit price items of the Bid Sheet(s).

10. GEOLOGIC AND SOILS CONDITIONS

It shall be the bidder’s responsibility to make all examinations, borings, and the field studies necessary for required excavation and embankment construction operations and to fully determine all cost factors related thereto which shall be included in the bid price for the work.

The submittal of a bid will be accepted as prima facie evidence that in compliance herewith the bidder accurately and fully informed itself of all geological and soil conditions that will influence the cost of performing the work and that due consideration of all such factors was taken prior to making the bid.

The Contractor shall promptly notify the District, in writing, if any subsurface or latent physical conditions are encountered at the site differing from those indicated, if material is found that the contractor believes may be hazardous waste, or if unknown physical conditions are encountered of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this contract.

11. EXECUTION OF CONTRACT AND BONDS

The successful bidder shall execute a written contract with the District in the form attached hereto and shall secure the payment of Workers’ Compensation and the successful bidder shall also furnish a certificate of insurance evidencing the contractor has the required insurance at the time contractor executes the agreement, and approved bonds as required in the following paragraphs, all in accordance with the provisions hereof within ten (10) calendar days or such additional time as may be allowed by the Engineer from the date of the mailing of a notice from the District to the bidder according to the address given, of the acceptance of the bid proposal. If a bidder to whom award is made fails or refuses to enter into Contract as herein provided, or to conform to any of the stipulated requirements in connection therewith, the money represented by the cashier’s check or Bidder’s Bond shall become the property of the

District as provided in Section 4, hereof, the award will be annulled and at the discretion of the

Instructions for Bidders for District Projects – IB- 10

District, the contract may be awarded to the next lowest qualified bidder. Such bidders shall fulfill every stipulation embraced herein as if the parties to whom the first award was made. A corporation to which an award is made may be required before the contract is finally executed to furnish evidence of its corporate existence, of its right to do business in California and of the authority of the officer signing the contract and bonds for the corporation.

A. The successful bidder shall furnish a bond with a responsible corporate surety or corporate sureties authorized to do business in California conditioned upon the faithful performance of the said bidder of all covenants and stipulations in the contract. Said bond, hereinafter referred to as the Faithful Performance Bond, shall be in the form approved by the District and shall not be less than one hundred percent (100%) of the total amount of the Contract

Sum named in the contract.

B. The bidder to whom the contract is awarded shall also furnish a Labor and Material

Payment Bond, approved by the District, in accordance with the provisions of Civil Code

Sections 8150-8154 inclusive, and Sections 9550- 9566 inclusive. Said labor and material bond shall not be less than one hundred percent (100%) of the total amount of the Contract

Sum named in the contract.

C. The surety on all bonds furnished must be satisfactory to the District. The party required to furnish bonds pursuant to these instructions shall furnish such bonds at their own cost and expense. The District shall reject any bond if the surety’s acknowledgment is not in the form included in the Contract documents.

D. Permits – The Contractor shall secure at his/her own expense, all permits and/or licenses necessary for the prosecution of the contract work, except for any permits and/or licenses that have been secured and paid for by the District. The Contractor shall obtain and pay for all licenses required by cities, State or Federal laws. The Contractor shall also be liable for any expense, of any kind, associated with any permit or license for any expense, of any kind, associated with any permit or license, including those obtained by the District, in excess of payments made by District prior to Contract Award.

The Contractor shall comply with the applicable requirements of all necessary permits and/or licenses, all at no additional cost to the District. Any inspection and/or testing fees required in connection with any governing permit and/or license shall be responsibility of the contractor, at no additional cost to the District.

12. INDEMNIFICATION, INSURANCE

Any reference to “District” in this Section 12 refers to County Service CSA 70 BL. Any reference “County” in this Section 12 refers to San Bernardino County. The Contractor agrees to and shall comply with the following indemnification and insurance requirements:

A. 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 District) (even if the allegations are false, fraudulent, or groundless), and hold harmless the County, the District and their authorized officers, employees, agents and volunteers (Indemnitees) from and against any and all claims (including claims against the County or the District seeking compensation for labor performed or materials used or furnished to be used in the work or

Instructions for Bidders for District Projects – IB- 11 alleged to have been furnished on the project, including all incidental or consequential damages resulting to the County or the District 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 and the District 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 or the District. The

Contractor’s obligation to defend the County and the District 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 or the District, unless the County and the District 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

Instructions for Bidders for District Projects – IB- 12 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.

B. Insurance: The Contractor agrees to furnish certified copies of all insurance policies and endorsements; all certificates of comprehensive, general and auto liability insurance; Workers'

Compensation insurance; builder’s risk insurance; and such other insurance that will protect it from claims for damages and personal injury, including death, which may arise from operations under the contract, whether such operation be by the Contractor or by any subcontractor of the Contractor, or anyone directly or indirectly employed by the Contractor or any subcontractor of the Contractor in accordance with Section 11.2 of the General

Conditions and the Construction Contract. The Contractor agrees to provide the

Department of Public Works - Special Districts with Certificates of Insurance evidencing the required insurance coverage at the time Contractor executes the contract with the District. All policies (excluding Workers' Compensation) shall name San

Bernardino County, the District, and their officers, employees, agents and volunteers as additional insureds. All coverages shall be subject to approval by the County and District for adequacy of protection.

13. PREVAILING WAGES

Bidders are hereby notified that this Project is subject to state prevailing wage guidelines. The prime Contractor and all subcontractors are required to pay their laborers and mechanics employed under this Contract, a wage not less than the wage applicable for their work classification, as specified in the wage guidelines. The District has obtained the general prevailing rate of per diem wages in accordance with the law to be paid for the construction of the above Project. The schedules have been obtained from the Director of the California

Department of Industrial Relations (DIR), and reference is hereby made to copies thereof on file with the Special District Department at 222 W. Hospitality Lane, 2nd Floor, San

Bernardino, CA 92415-0450, which said copies are available to any interested party upon request and included in these bid documents. Further, a copy shall be posted at each job site during the course of construction.

Contractor shall be registered with the DIR at time of bid submission and shall indicate its registration number as well as the registration number for all of its subcontractors that will be working on the project. Contractor acknowledges that the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

As required by Labor Code section 1771.1(a) “A contractor or subcontractor shall not be

Instructions for Bidders for District Projects – IB- 13 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.”

14. NON-COLLUSION DECLARATION

The District requires all bidders to execute a Non-collusion Declaration in the form attached hereto. The District also reserves the right to require that the principal Contractor shall, before awarding any subcontract, secure from the proposed subcontractor(s) a Non-collusion

Declaration in the form also attached.

15. SCHEDULE

Prior to signing the Construction Contract, the Contractor shall submit on a form acceptable to the District and representative of an overall construction schedule for the work. The construction start date will begin when the "Notice to Proceed" is issued and the completion date will be 180 calendar days after the "Notice to Proceed" is issued by the Department of

Public Works - Special Districts.

16. ASSIGNMENT OF CONTRACT AND SUBSTITUTION OF SUBCONTRACTORS

No assignment by the Contractor of any Contract, or any part thereof, to be entered into in accordance with the Bid Documents and these Instruction to Bidders, or of funds to be received thereunder, will be recognized by the awarding authority unless such assignment has had the prior written approval of the awarding authority and the surety has had notice of such assignment in writing and has given written consent thereto.

No contractor shall substitute any person as a subcontractor in place of the subcontractor designated in the original bid; or permit any such subcontract to be assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the bid; or sublet or subcontract any portion of the work in excess of one-half of one percent (0.5%) of the contractor’s total bid in which the original bid did not designate a subcontractor; except as provided by Section 4100 et. seq. of the Public Contract Code of the State of California.

17. PAYMENTS

Payments will be made as outlined in the General Conditions. The Contractor must sign and submit the Affidavit of Completion prior to the Notice of Completion being recorded and retention paid. Progress payments shall be made no more than once every thirty (30) calendar days, nor shall the amount paid be in excess of ninety-five percent (95%) of the total contract at the time of completion. At the request and expense of the successful Bidder, the District will substitute securities for the amount so retained in accordance with Public Contract Code

Instructions for Bidders for District Projects – IB- 14

Section 22300. Final payment shall be processed sixty (60) calendar days after the filing of the

Notice of Completion. In addition, all payments shall be approved by the Division Engineer for the Department of Public Works - Special Districts.

18. TIME LIMITS OF WORK

The contract work shall be completed within 180 calendar days after the Notice to Proceed.

In case all the work called for under the Contract is not finished or completed within the number of calendar days as set forth in the bid proposal, the Contractor shall forfeit to the

District a specified sum of money, to be deducted from any payments due to the Contractor.

The sum of money shall be $1,000 per calendar day more than the Contract Time as Liquidated

Damages per Section 8.5 of the General Conditions.

19. GOVERNING DOCUMENTS

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

20. EXPLANATION OF BID ITEMS

The monies to be paid for the various items of work included in the Bid Sheet(s) shall constitute the total obligation of the District as described in the Contract Documents, with the exception of costs specifically delegated to the District by the Contract Documents and no additional compensation will be allowed therefore.

21. SUBCONTRACTOR ELIGIBILITY

Ineligible Subcontractors – Pursuant to the provisions of Section 1777.1 of the California

Labor Code, the Labor Commissioner publishes and distributes a list of contractors’ ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors is available from the DIR website at http://www.dir.ca.gov/dlse/debar.html. Any contract entered into between a contractor and a debarred contractor subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the District. The

Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project.

22. BID PROTEST

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

1. The bid protest is in writing.

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

Districts, 222 W. Hospitality Lane, Second Floor, San Bernardino, CA 92415- 0450 before

4:00p.m. of the fifth business day following the bid opening. Failure to timely submit a http://www.dir.ca.gov/dlse/debar.html

Instructions for Bidders for District Projects – IB- 15 written protest shall constitute grounds for the District’s denial of the bid protest without consideration of the grounds stated in the bid protest and a waiver of the right to protest.

Untimely protests will not be accepted or considered.

3. The written bid protest shall set forth, in detail, all grounds for the bid protest (including without limitation all facts, supporting documentation, legal authorities and argument in support of the grounds for the bid protest), the form of relief required and the legal basis for such relief. Any grounds not set forth in the bid protest shall be deemed waived. All factual contentions must be supported by competent, admissible and credible evidence. The bid protests shall include the name of the project manager and the name and number of the bid Project. Any bid protest not conforming to the foregoing shall be rejected as invalid.

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

23. 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 (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 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 valid Certificates of Reported Compliance on Contractor’s job sites. The

Instructions for Bidders for District Projects – IB- 16

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…