DPH - 451 Vanderbilt First Floor Buildout.pdf

BID DOCUMENTS

for

PROJECT NO. 10.10.1644

DPH - 451 VANDERBILT FIRST

FLOOR BUILDOUT

SAN BERNARDINO, CALIFORNIA

SAN BERNARDINO COUNTY

PROJECT AND FACILITIES MANAGEMENT DEPARTMENT

PROJECT MANAGEMENT

620 SOUTH E STREET

SAN BERNARDINO, CA 92415

https://pfm.sbcounty.gov/ MAY 2026 https://pfm.sbcounty.gov/

DPH - 451 VANDERBILT FIRST FLOOR BUILDOUT

10.10.1644

TABLE OF CONTENTS

ADVERTISEMENT FOR BIDS

INSTRUCTIONS TO BIDDERS

BID PROPOSAL DOCUMENTS

NON-COLLUSION DECLARATION – PRINCIPAL CONTRACTOR

NON-COLLUSION DECLARATION – SUBCONTRACTOR(S)

CONTRACTOR CERTIFICATION – CARB COMPLIANCE

SAMPLE STANDARD CONTRACT

CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE

SAMPLE BOND FORMS

STATE WAGE DETERMINATIONS

PREVAILING WAGE REQUIREMENTS

GENERAL CONDITIONS

SPECIAL CONDITIONS

TECHNICAL SPECIFICATIONS (AS REQUIRED)

PROJECT DRAWINGS (PLANS)

Bid Proposal Checklist

All Addenda are acknowledged

Bid Package signed by authorized party

Signed Non-Collusion Declaration from Prime Contractor enclosed

Signed Contractor Certification of California Air Resources Board (CARB) In-Use Off-Road Diesel Fueled Fleet Certification of Compliance

Original Bid Bond enclosed; or

If submitting via ePro, the original Bid Bond is required to be mailed to Project and Facilities Management.

Note: Bid Bond must be received by Project Management by time of bid

No modifications made to bid forms

Envelope properly labeled

Remember to seal the bid and deliver to:

Project and Facilities Management Department 620 South E Street San Bernardino, California 92415-0184

Please Note:

This checklist is only provided to assist the bidders. It is the bidder’s sole responsibility to ensure that they are complying with the requirements included in the Bid Package in their entirety, even if they are not identified on this checklist.

Project 10.10.1644 Advertisement 1 of 2

Project No. 10.10.1644

ADVERTISEMENT FOR BIDS

DPH - 451 VANDERBILT FIRST FLOOR BUILDOUT

SAN BERNARDINO, CALIFORNIA

Notice is hereby given that the Project and Facilities Management Department – Project Management on behalf of the Board of Supervisors of San Bernardino County, California, will receive sealed bids on or before 2:00 p.m. on July 23, 2026, in the office of the Project and Facilities Management Department, 620 South E Street, San Bernardino, CA 92415, at which time they will be publicly opened and declared for Department of Public Health, 451 Vanderbilt First Floor Buildout in San Bernardino, California.

Bids in response to this solicitation can be submitted through San Bernardino County Electronic Procurement Network (ePro) https://epro.sbcounty.gov/epro/ or in person at the Project and Facilities Management Department – Project Management. All bidders must register with the ePro system prior to the date and time to receive sealed bids or they will be disqualified.

A mandatory Pre-bid Meeting for prospective bidders will be conducted on June 09, 2026 at 10:00 AM at 451 E Vanderbilt Way-First Floor, San Bernardino, CA 92408. Bids submitted by firms who have not participated in the Pre-bid Meeting will be disqualified.

State Contractor's Class B License is required to bid the project. If the bidder does not list a licensed subcontractor(s) under the Designation of Subcontractors section of the Bid Proposal to perform work in any of the following trades, in order to be found responsive and in order to perform that work himself/herself, the bidder must possess the State specialty license for that trade:

Mechanical (C-20); Electrical (C-10); and Plumbing (C-36).

Construction estimate is $ 7,050,000.

The Bid Documents, including final plans and specifications, are available at no cost to the bidder and may be obtained from the County’s ePro Website at https://epro.sbcounty.gov/epro/.

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

Copies of the prevailing wage rates are on file at the Project and Facilities Management Department and shall be made available to any interested party on request. Copies are also included in the Bid Documents.

The County 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 regarding this project, contact Keren Cruznueva, Consulting Project Manager, at

(909) 835-3965. DO NOT CONTACT THE DESIGN CONSULTANT. All technical questions to be submitted to the Project Manager in writing via email at Keren.Cruznueva@pfm.sbcounty.gov. The subject line of the email should include the project number, as found in the bid documents, along with the project name and RFI. All questions must be submitted no later than June 19, 2026. No questions will be answered within seventy-two (72) hours of the bid opening.

https://epro.sbcounty.gov/epro/ mailto:Keren.Cruznueva@pfm.sbcounty.gov

Project 10.10.1644 Advertisement 2 of 2

Release authorized by the AEO, pursuant to County Policy 11-15, on May 19, 2026, in San Bernardino, California.

Moe Yousif, Interim Director Project and Facilities Management Department

Published in the San Bernardino County SUN on Friday, May 29, 2026

Project 10.10.1644 Instructions to Bidders 1 of 4

INSTRUCTIONS TO BIDDERS

Proposals: To receive consideration, bids shall be submitted on the enclosed Bid Proposal form and shall be made in accordance with the following instructions:

A. Bids shall contain no recapitulation of the work to be done. Alternative proposals will not be considered unless specifically requested by the County. Oral, telegraphic or telephonic proposals or modifications will not be considered.

B. 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.

C. The General Prevailing Wage Determination made by the Director of Industrial

Relations pursuant to California Labor Code Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1 are included in this Bid Package and must be complied with, as stated in Section 14 of the General Conditions. Updated wage rate determinations will be made available when they are issued, and the successful bidder will provide copies to all subcontractors. Wage rates paid on this project must be revised in accordance with the updated determinations. Copies of the prevailing wage rates are on file at the Project and Facilities Management Department – Project Management and shall be made available to any interested party on request. Copies are also included in these Bid Documents.

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

E. Bids shall be delivered to, or mailed postage prepaid to arrive at, the Project and

Facilities Management Department – Project Management, 620 South E Street, San Bernardino, CA 92415, on or before the time set for the opening of bids in the published Advertisement For Bids. All bids shall be enclosed in a sealed envelope bearing the title of the work, the name of the bidder, and clearly marked "Bid Proposal". Bids can also be submitted through San Bernardino County Electronic Procurement Network (ePro) https://epro.sbcounty.gov/epro/. All bidders must register with the ePro system prior to the date and time to receive sealed bids

Project 10.10.1644 Instructions to Bidders 2 of 4 or they will be disqualified. System-related questions about ePro shall be directed to Vendor support at ePro.Vendors@buyspeed.com or at 1-855-800-5046.

For procurement questions involving ePro, please contact the Purchasing Department at (909) 387-2060. NOTE: If sending the bid or bid bond to the Project and Facilities Management Department – Project Management in a mail envelope (i.e. Federal Express, etc.) please enclose the bid or bid bond inside the mail envelope in a separately sealed envelope bearing the title of the work, the name of the bidder, and marked “Bid Proposal or Bid Bond”.

All mail, including Priority and Express Mail, sent via the U.S. Postal Service is received by the County's mail room then distributed to the Project and Facilities Management Department – Project Management. This can cause a delay in the receipt of bids or bid bonds. The County is not responsible for any delays caused by mail service to a different County location. It is Bidder’s responsibility to ensure bids and bid bonds are received at the Project and Facilities Management Department – Project Management, 620 S E St, San Bernardino, California, 92415, on or before the time set for opening of bids.

F. Concurrently with the submittal of its bid, bidders are required to furnish bid security in the amount of ten percent (10%) of the BASE BID. If the bid is submitted to the Project and Facilities Management Department – Project Management, the bid security shall be enclosed in the sealed and marked envelope along with the bid proposal. If the bid is submitted through San Bernardino County Electronic- Procurement network (ePro) then scan the bid security (bid bond) 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: Project and Facilities Management Department – Project Management, 620 S E St, San Bernardino, California, 92415. Any mailed or submitted bid security must be received on or before the time set for the opening of the bids.

G. Bids will be opened at the time set for the opening of bids in the published Advertisement For Bids or as revised in an Addendum. All bids submitted to the Project and Facilities Management Department – Project Management in sealed envelopes will be opened and read. All bids submitted in the ePro system will be opened from the system’s “encrypted lock box” and read. The bid summary sheet referencing both paper bids and ePro bids will be available through ePro and/or the Project and Facilities Management Department – Project Management for all bidders to view.

H. DO NOT CONTACT THE DESIGN CONSULTANT. All technical questions to be submitted to the Project Manager in writing via email at Keren.Cruznueva@pfm.sbcounty.gov. The subject line of the email should include the project number, as found in the bid documents, along with the project mailto:ePro.Vendors@buyspeed.com mailto:Keren.Cruznueva@pfm.sbcounty.gov

Project 10.10.1644 Instructions to Bidders 3 of 4 name and RFI. All questions must be submitted no later than June 19, 2026.

No questions will be answered within seventy-two hours of the bid opening.

I. Any Bidder submitting a Bid to the County for this Project may file a protest of the

County’s proposed award of a construction contract for this Project, provided that each and all of the following are complied with:

i) The bid protest is in writing.

ii) The bid protest is submitted to and received by the Project and Facilities

Management Department – Project Management, 620 South E Street, San Bernardino, CA 92415 before 4:00 p.m. of the fifth business day following the bid opening. Failure to timely submit a written protest shall constitute grounds for the County’s denial of the bid protest without consideration of the grounds stated in the bid protest and a waiver of the right to protest. Untimely protests will not be accepted or considered.

iii) 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 project number of the bid Project. Any bid protest not conforming to the foregoing shall be rejected as invalid.

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

J. State Contractor's Class B License is required to bid the project. If the bidder does not list a licensed subcontractor(s) under the Designation of Subcontractors section of the Bid Proposal to perform work in any of the following trades, in order to be found responsive and in order to perform that work himself/herself, the bidder must possess the State specialty license for that trade: Mechanical (C-20); Electrical (C- 10); and Plumbing (C-36).

K. Withdrawal of Bids: Any bidder may withdraw his bid, personally, or by telegraphic or written request, at any time prior to the scheduled time for receipt of bids. 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. No bid may be withdrawn after the scheduled bid opening, or within sixty (60) days thereafter.

Project 10.10.1644 Instructions to Bidders 4 of 4

L. Opening of Bids: Bids will be conducted virtually via 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 are below:

• Call In Number: Insert # +1 661-568-6806,,223948887#

• Meeting ID: Insert ID: 237 308 894 561 647

• Passcode: Insert Passcode: NH9eL3SF

• Link: (Insert Teams Link):

https://teams.microsoft.com/meet/237308894561647?p=jROacNTXPLuIQ1 HHpj

M. Pre-Bid Meetings: Pre-Bid Mandatory Job-Walk Meeting Sign-in Lists from all pre-bid meetings will be uploaded to the Project and Facilities Management Department website within approximately three (3) business days from the date of the pre-bid meeting (https://pfm.sbcounty.gov/project-management/#pre-bidding-sign-in).

N. Bid Results: The Bid Tabulation, outlining initial bid results will be uploaded to the Project and Facilities Management website within approximately three (3) business days from the date of the bid opening https://pfm.sbcounty.gov/project-management/#bid-results https://teams.microsoft.com/meet/237308894561647?p=jROacNTXPLuIQ1HHpj https://teams.microsoft.com/meet/237308894561647?p=jROacNTXPLuIQ1HHpj https://pfm.sbcounty.gov/project-management/#pre-bidding-sign-in https://pfm.sbcounty.gov/project-management/#pre-bidding-sign-in https://pfm.sbcounty.gov/project-management/#bid-results https://pfm.sbcounty.gov/project-management/#bid-results

Project 10.10.1644 Bid Proposal 1 of 9

Project No. 10.10.1644

BID PROPOSAL

PROJECT: DPH - 451 VANDERBILT FIRST FLOOR BUILDOUT

LOCATION: 451 E Vanderbilt Way, San Bernardino, CA 92408

OWNER: San Bernardino County

BID OPENING: 2:00 PM July 23, 2026

BIDDER:

San Bernardino County Project and Facilities Management Department – Project Management 620 South E Street, San Bernardino, CA 92415 https://pfm.sbcounty.gov/

In compliance with your invitation for bids, the undersigned has carefully examined the project Bid Documents, including the drawings and specifications, for the scope of work which is tenant improvements to an existing suite, including the construction of new interior partitions and installation of ceilings in accordance with the proposed layout, the addition of restrooms within the suite, along with all associated electrical, mechanical, and plumbing systems necessary to support the improvements in San Bernardino, California, and fully understands the scope and meaning of the Bid Documents.

The undersigned hereby agrees to furnish all materials, labor, tools, equipment, apparatus, facilities, and transportation necessary to complete all work in strict conformity with the drawings and specifications, and to execute the contract to the satisfaction of the Project and Facilities Management Department – Project Management, at the following cost(s):

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

BASE BID

For the furnishing of the labor, materials, and equipment necessary to complete all work designated in the Plans and Specifications.

The LUMP SUM of _______________________________________ Dollars https://pfm.sbcounty.gov/

Project 10.10.1644 Bid Proposal 2 of 9

The above-mentioned BASE BID includes applicable California state sales tax, bonds, insurance and all other costs required to perform all the work described in the project drawings and specifications.

The lowest bid shall be the lowest bid price on the BASE BID. A responsible and responsive bidder who submitted the lowest bid shall be awarded the contract, if it is awarded.

BID DEPOSIT (BID BOND)

There is enclosed herewith, a certified check or surety bond in the amount of ten percent (10%) of the BASE BID, or, more specifically, Dollars ($_______________________________), made payable to San Bernardino County. The undersigned agrees that in the event of the failure by the undersigned to execute the necessary contract and furnish the required contract bonds and insurance, the certified check or surety bond and the money payable thereon shall be, and remain, the property of San Bernardino County. If the bid is accompanied by a certified or cashier's check, the check shall be deposited by the Project and Facilities Management Department

– Project Management, and a County warrant for the full amount shall be issued to the undersigned approximately one month after Contract Award.

If the bid is submitted through San Bernardino County Electronic Procurement Network (ePro) then scan the bid security (bid bond) 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: Project and Facilities Management Department – Project Management, 620 South E Street, San Bernardino, CA 92415. Any mailed or submitted bid security must be received on or before the time set for the opening of the bids.

TIME OF COMPLETION

The undersigned agrees to complete the work within _160_ calendar days from the date stipulated in the Notice to Proceed.

LIQUIDATED DAMAGES

Pursuant to the provisions of Government Code Section 53069.85 and in the event that all the Work called for in this Contract is not completed within the number of calendar days set forth, Contractor shall forfeit and pay to the County the sum of $1,500.00 per day for each calendar day the work remains incomplete, to be deducted from any payments due

Project 10.10.1644 Bid Proposal 3 of 9 or to become due to the Contractor. (Reference General Conditions and Special Conditions)

ESCROW ACCOUNT

Pursuant to Section 22300 of the Public Contract Code, at the request and expense of the Contractor, the Contractor may substitute qualified securities in lieu of retention withheld by the County and/or establish an escrow account for retention payments.

REJECTION OF BIDS

The undersigned agrees that the County reserves the right to reject any or all bids, and reserves the right to waive informalities in a bid or bids, not affected by law, if to do so seems to best serve the public interest.

VALIDITY OF BIDS

The undersigned agrees that this bid will remain valid for sixty (60) days after the scheduled bid opening.

STATE LICENSES

The undersigned hereby certifies that he/she is currently the holder of a State Contractor's Class B License. The undersigned also certifies that all subcontractor(s) listed under the Designation of Subcontractors section of the Bid Proposal are currently the holder of valid contractor’s license(s) in the State of California and the license is the correct class of license for the work to be performed by the subcontractor(s). The undersigned agrees that if he/she does not list a subcontractor(s) under the Designation of Subcontractors section of this Bid Proposal to perform work in any of the following trades, in order to be found responsive and in order to perform that work himself/herself, the undersigned must possess the State specialty license for that trade: Mechanical (C-20); Electrical (C-10);

and Plumbing (C-36).

INSURANCE

The undersigned agrees to furnish certified copies of all insurance policies and endorsements; all certificates of comprehensive, general and auto liability insurance;

Workers' Compensation insurance; and such other insurance that will protect him from claims for damages and personal injury, including death, which may arise from operations under the contract, whether such operation be by the undersigned or by any subcontractor of the undersigned, or anyone directly or indirectly employed by the undersigned or any subcontractor of the undersigned in accordance with Section 11.2 of the General Conditions. The undersigned agrees to provide the Project and Facilities Management Department – Project Management with Certificates of Insurance evidencing the required insurance coverage at the time Contractor executes the contract with the County. All policies (excluding Workers' Compensation) shall name

Project 10.10.1644 Bid Proposal 4 of 9

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

BONDS

If this Bid is successful, the undersigned agrees to execute the required Standard Contract and will furnish a payment bond in an amount equal to one hundred percent (100%) of the contract price and a Faithful Performance Bond in an amount equal to one hundred percent (100%) of the contract price. These bonds shall be secured from a surety company or companies satisfactory to the County within ten (10) calendar days of the contract award and shall be on County approved bond forms. Bonds shall remain in full force and effect for a period of one year following the date of filing of Notice of Completion.

FORMER COUNTY OFFICIALS

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

INACCURACIES OR MISREPRESENTATIONS

If during the course of the bid proposal process or in the administration of a resulting Contract, the County determines that the contractor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, the contractor may be terminated from the bid proposal process, or in the event a Contract has been awarded, the Contract may be immediately terminated. If a Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies.

VISITING THE SITES

The undersigned has visited the site, and is familiar with the local conditions of the work site.

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

FUELED FLEETS REGULATION COMPLIANCE CERTIFICATION

Project 10.10.1644 Bid Proposal 5 of 9

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 2449(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 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

Project 10.10.1644 Bid Proposal 6 of 9 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 of the specific location of the emergency, the dates on which the emergency operations were performed, and an attestation by the fleet that the vehicles are operated on the project for emergency operations only.

Contractor shall complete and return the “California Air Resources Board (CARB) In- Use Off-Road Diesel-Fueled Fleets Certification of Compliance” form attached hereto as a condition to bidding this Project.

DESIGNATION OF SUBCONTRACTORS

In compliance with the provisions of Sections 4100-4108 of the Public Contract Code of the State of California, and any amendments thereof, the undersigned shall set forth below the name, location of the place of business and the California contractor license number of each subcontractor who will perform work (meaning the total amount of the subcontractor’s contract amount including all labor, materials, supplies and services) in excess of one-half of one percent (1/2 of 1%) of the total bid; and, the general category or the portion of the work to be performed by each subcontractor.

If the undersigned fails to specify a subcontractor(s) for any work to be performed under the Contract, the undersigned agrees to perform the work and shall not be permitted to subcontract that work except in cases of public emergency, and then only after written finding as public record by the Board of Supervisors. In order for the undersigned to perform the work in any of the following trades, the undersigned must possess the State specialty license for that trade: Mechanical (C-20); Electrical (C-10); and Plumbing.

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

The undersigned certifies that it and all subcontractor(s) listed below have registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 (applicable for all bids submitted on or after March 1, 2015). The undersigned 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 (applicable for all contracts awarded on or after

Project 10.10.1644 Bid Proposal 7 of 9

April 1, 2015). The undersigned acknowledges that the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

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

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

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

CONTRACTOR NAME:________________________________________________

Subcontractor’s Name

Portion of Work Performed

Location of Business

CA

Contractor’s License

DIR

Registration No.

CARB

Certificate of Compliance No.

Project 10.10.1644 Bid Proposal 8 of 9

ADDENDA

This bid includes Addendum No. dated

Addendum No. dated

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

AFFIDAVIT

The undersigned has submitted with the bid proposal a non-collusion declaration, signed under penalty of perjury, for the principal contractor. The undersigned agrees to furnish the County non-collusion declarations for subcontractors signed under penalty of perjury, and states that this is a genuine proposal and is neither collusive nor made in the interest of any other person, and has not induced anyone to submit a sham bid or refrain from bidding.

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

The undersigned declares: that the only person or parties interested in this proposal as principals are those named herein; that this bid is made without any connection with any other person or persons making a bid for the same work, except for another division of the undersigned which may submit an independent bid; that the bid is in all respects fair and without collusion or fraud; that the undersigned has read the Advertisement for Bids and the Instructions to Bidders and agrees to all the stipulations contained therein; that the

Project 10.10.1644 Bid Proposal 9 of 9 undersigned has examined the form of contract (including the specifications, drawings, and other documents incorporated therein by reference); that in the event this bid as submitted, including the incorporated bidding documents, be accepted by the County, the undersigned shall execute a contract to perform the work as outlined herein.

If undersigned is a corporation, proposal must be signed by an authorized officer of the corporation.

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

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

Name of Bidder:

Address:

Phone:

Email: _________________________________________________________________

Contractor's License No.: Primary Class:

Expiration Date of Contractor's License

Contractor’s DIR Registration #_________________________________________ ___

Contractor's California Air Resources Board (CARB) In-Use Off-Road Diesel-Fueled Fleets Regulation Compliance No.:

I declare under penalty of perjury the above is true and correct.

Authorized Signature: Title:

Print Name: Date:

NONCOLLUSION DECLARATION

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID

The undersigned declares:

I am the _of _, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or of any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusion or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _[date], at _[city], _[state].

Signed:

Title:

NONCOLLUSION DECLARATION

TO BE EXECUTED BY EACH SUBCONTRACTOR

AND SUBMITTED PRIOR TO CONTRACT AWARD

The undersigned declares:

I am the of , the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or of any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusion or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on [date], at _[city], _[state].

Signed:

Title:

CONTRACTOR CERTIFICATION

CALIFORNIA AIR RESOURCES BOARD (CARB)

IN-USE OFF-ROAD DIESEL FUELED FLEET CERTIFICATION OF COMPLIANCE

I hereby certify that Contractor is familiar with the requirements of California Code of Regulations (CCR) Title 13 sections 2449, 2449.1, and 2449.2, In-Use Off-Road Diesel Fueled Fleet Regulation (Off-Road Regulation) Compliance (CARB), and that Contractor shall comply with these requirements:

1. Certification of Compliance. I hereby certify that I and all of my subcontractors will conform to the California Air Resource Board (“CARB”) In-Use Off-Road Diesel-Fueled Fleets requirements for all work involving the use of vehicles subject to the regulations, including, without limitation, as applicable, the Contracting Requirements in Title 13 CCR section 2449, subdivision (i), subparts (1)

– (4), and the Prime Contractor Requirements in Title 13 CCR section 2449, subdivision (j), subparts

(1) – (5).

2. Instructions. Check one (1) box below.

☐ Contractor’s current CARB issued Certificate of Reported Compliance accompanies this Certification. (If this box is checked, the valid Certificate(s) Reported Compliance with this Regulation for In-Use Off-Road Disel-Fuled Fleet provided by CARB for the fleet selected for the contract and their listed subcontractors, if applicable must be provided with this form.)

☐ Contractor certifies that its work on the Project (including work of its Subcontractors) does not involve the use of vehicles subject to the CARB In-Use Off-Road Diesel-Fueled Fleets requirements.

3. I further certify that each of the Contractor’s listed subcontractors is familiar with these requirements and shall also comply.

*Note: All Subcontractor(s) Certificate of Reported Compliance Number(s) shall be listed on the Designation of Subcontractors table contained in the Bid Proposal.

Failure to submit this form or comply with any of the above requirements may result in the bid to be found non-responsive and the bid bond forfeited. Bidder shall ensure that their fleet, as well as all rental fleets and subcontractor fleets, maintain their active and current CARB certification for the duration of the project.

The Bidder certifies under penalty of perjury under the laws of the State of California that the information provided in this form is true and correct.

Bidder’s Company Name: ______________________________________________________________

Signature: _______________________________________ Title: __________________________

Print Name: _____________________________________ Date: __________________________

Standard Contract Page 1 of 16

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

Project and Facilities Management Department Project Management

Department Contract Representative Telephone Number

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

WBSE

IT IS HEREBY AGREED AS FOLLOWS:

(Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or completion, determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, if any.)

CONSTRUCTION AGREEMENT

This Construction Agreement (“Agreement” or “Contract”) is made effective this __________________, 2015 (“Agreement Date”) by and between SAN BERNARDINO COUNTY (“County”) and ____________________ (“Contractor”) for the construction of the ________________________________ (“Project”).

Contract Number

SAP Number

SAMPLE

Revised 5/12/21 Page 2 of 16

ARTICLE I

CONTRACT DOCUMENTS AND INTERPRETATION

1.1 DEFINITIONS

The meanings of all capitalized terms used in the Contract Documents and not otherwise defined herein are contained in the General Conditions. If not defined in the General Conditions, they shall have the meaning assigned to them elsewhere in the Contract Documents. If not defined in the General Conditions or elsewhere, they shall have the meanings reasonably understood to apply to them by the context of the portion of the Contract Documents where such terms are used.

1.2 CONTRACT DOCUMENTS

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

1.2.1 Advertisement For Bids (Project No. _________), dated ________.

1.2.2 Bidder’s Proposal, dated _____________.

1.2.3 General Conditions

1.2.4 Performance Bond

1.2.5 Labor and Material Bond

1.2.6 Special Conditions

1.2.7 Bid documents entitled “_______________________”.

1.2.8 Specifications, entitled “_____________________”.

1.2.9 Drawings, entitled “_________________________”.

1.2.10 Addendum No. 1, dated ______________.

1.2.11 Addendum No. 2, dated ________________.

1.2.12 Certified copy of the record of action of the Board of Supervisors, San Bernardino County meeting of ___________________.

1.3 ENTIRE AGREEMENT

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

ARTICLE II

THE WORK

2.1 SCOPE OF WORK

2.1.1 Contractor will furnish all materials, labor, tools, equipment, apparatus, facilities, transportation, construction, landscaping, clean-up, and all other construction services of any type necessary to complete all

Revised 5/12/21 Page 3 of 16

Work in strict conformity with the Contract Documents. Except with regard to any material to be provided and/or installed by County, Contractor shall fully commission and turn over a complete operational and fully functional Project to County. Without limiting the generality of this Section, Contractor shall provide the following Work and services:

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

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

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

2.2 STANDARD OF PERFORMANCE

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

2.2.1 Comply with the requirements of the Contract Documents;

2.2.2 Comply with Applicable Laws;

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

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

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

ARTICLE III

TIME FOR PERFORMANCE

3.1 CONTRACT TIME

The Date of Commencement of the Work shall be fixed in a Notice to Proceed issued by the County. If County’s issuance of a Notice to Proceed is delayed due to Contractor’s failure to provide insurance documents or bonds within ten (10) calendar days after the date of award of the Contract by the Board of Supervisors or Chief Executive Officer, one (1) calendar day will be deducted from the number of days to achieve Final Completion of the Work for every day of delay in County’s receipt of such documents. This right is in addition to and does not affect County’s right to demand forfeiture of Contractor’s Bid Security, or any other rights or remedies

Revised 5/12/21 Page 4 of 16 available to County if Contractor persistently delays in providing the required documentation. Contractor agrees to promptly commence the Work after the Notice to Proceed is issued by the County and to achieve Final Completion of the entire Work within ______ calendar days after the Date of Commencement (“Contract Time”).

The Contract Time may be extended only by the written authorization of the County.

3.2 LIQUIDATED DAMAGES

3.2.1 County and Contractor recognize that time is of the essence in this Agreement and that the County may suffer financial loss, including but not limited to, the loss of grant funds, additional contract administration expenses, and loss of public use if the Work is not…