Lytle Creek Gatehouse Tainter Gate Controls Power System Repair.pdf

NOTICE TO BIDDERS AND SPECIAL PROVISIONS

FOR CONSTRUCTION ON

LYTLE CREEK GATEHOUSE TAINTER GATE

CONTROLS POWER SYSTEM REPAIR

Lytle Creek Gatehouse

LENGTH: Not Applicable

WORK ORDER: F02884

AREA: San Bernardino, CA

SYSTEM NO.: N/A

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

1. California Department of Transportation (Caltrans) 2023 Standard Specifications, including the Caltrans 2023 Revised Standard Specifications (Revisions through July 24, 2023), unless specified otherwise in these Special Provisions.

2. Caltrans Standard Plans dated 2023, including the 2023 Revised Standard Plans (Revisions through January 22, 2024), unless specified otherwise in these Special Provisions.

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

SAN BERNARDINO COUNTY

DEPARTMENT OF PUBLIC WORKS

-- FLOOD CONTROL DISTRICT --

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

LYTLE CREEK GATEHOUSE TAINTER GATE

CONTROLS POWER SYSTEM REPAIR

LENGTH: Not Applicable

WORK ORDER: F02884

AREA: San Bernardino, CA

SYSTEM NO.: N/A

have been approved by:

Noel Castillo, P.E. Date Chief Flood Control Engineer have been reviewed and approved by:

Sameh Basta, P.E. Date Deputy Director have been prepared by or under the direction of the following Registered Engineer:

Johnny D. Gayman, P.E. Date Engineering Manager

06/17/2025

6/17/25

06/23/2025

TABLE OF CONTENTS

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

Proposal ................................................................................................... P-1

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

DIVISION I GENERAL PROVISIONS

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

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

Section 3. Contract Award and Execution .................................................... SP-7

Section 4. Scope of Work .......................................................................... SP-12

Section 5. Control of Work ......................................................................... SP-15

Section 6. Control of Materials ................................................................... SP-19

Section 7. Legal Relations and Responsibility to the Public ....................... SP-20

Section 8. Prosecution and Progress ......................................................... SP-31

Section 9. Payment .................................................................................... SP-35

DIVISION II GENERAL CONSTRUCTION

Section 10. General .................................................................................... SP-38

Permits, Agreements, and Geotechnical Report ............................... Brown Pages

Standard and Special Drawings ........................................................ Green Pages

Contract (with attachments) ......................................................................... 1 of 13

NB - 1

NOTICE TO BIDDERS

NOTICE IS HEREBY GIVEN that the Board of Supervisors of the San Bernardino County Flood Control District, will receive sealed proposals until

10:00 A.M., THURSDAY, SEPTEMBER 24, 2026

in the building of:

San Bernardino County Flood Control District Front Reception Desk

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

PLEASE NOTE: All bidders 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 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. For more information, please see http://www.dir.ca.gov/Public-Works/SB854.html.

Bids (or “proposals”) in response to this solicitation can be submitted through the Electronic Procurement Network (ePro) https://epro.sbcounty.gov/bso/ (however, if the bid is submitted in ePro, the bidder’s security described herein must be BOTH (1) scanned into ePro and (2) submitted in person in a sealed envelope prior to the proposal opening date and time) or in person at the San Bernardino County Flood Control District (District) at 825 East 3rd Street San Bernardino, CA 92415 at which time the bids will be publicly opened and declared via video and teleconference via goto.com using meeting ID 434-769-

549. See the flyer available under the bid posting on ePro for further login information for the following Project:

LYTLE CREEK GATEHOUSE TAINTER GATE CONTROLS POWER SYSTEM REPAIR

Lytle Creek Gatehouse

LENGTH: Not Applicable

WORK ORDER: F02884

AREA: San Bernardino, CA

SYSTEM NO.: 2-211-5A

This project requires a Class A contractor’s license issued by the state of California Contractors State Licensing Board. The project also requires a Class C electrical license and must be a UL 508 Compliant Control Panel Shop. The Contractor must maintain this license from contract award through acceptance. All contractors, including any out-of-state contractors/subcontractors, must comply with all applicable laws and regulations of the State of California at the time of bid and award.

goto.com

NB - 2

A non-mandatory pre-bid meeting is scheduled for

10:00 A.M., WEDNESDAY, SEPTEMBER 9, 2026

To be held via video and teleconference via goto.com/meeting using meeting ID 434-769-549.

All bidders are encouraged to attend this meeting.

This meeting is to inform potential contractors and subcontractors of the scope and requirements of the ESBE Program.

NOTICE: BIDDERS MUST OBTAIN BID DOCUMENTS AND PREPARE THEIR BIDS ON

FORMS OBTAINED DIRECTLY FROM THE SAN BERNARDINO COUNTY FLOOD

CONTROL DISTRICT OR ePro at https://epro.sbcounty.gov/bso/. BIDS PREPARED ON

FORMS OBTAINED FROM OTHER SOURCES WILL NOT BE ACCEPTED. BIDDERS MUST

BE LISTED ON THE OFFICIAL PLAN HOLDERS LIST AT THE TIME BIDS ARE PUBLICLY

OPENED. BIDS RECEIVED FROM BIDDERS WHO ARE NOT LISTED ON THE OFFICIAL

PLAN HOLDERS LIST WILL NOT BE ACCEPTED.

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

1. California Department of Transportation (Caltrans) 2023 Standard Specifications, including the Caltrans 2023 Revised Standard Specifications (Revisions through July 24, 2023), unless specified otherwise in these Special Provisions.

2. Caltrans Standard Plans dated 2023, including the 2023 Revised Standard Plans (Revisions through January 22, 2024), unless specified otherwise in these Special Provisions.

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

These publications are published by Caltrans and may be reviewed at the following websites:

https://dot.ca.gov/programs/design and https://dot.ca.gov/programs/construction

Greenbook publications are available from Building News at https://www.bnibooks.com.

Bids must also be accompanied by cash, cashier's check, certified check, or bidder's bond executed by an admitted surety insurer, made payable to the San Bernardino County Flood Control District in the amount of at least ten percent of the amount of the bid given as a guarantee that the bidder will enter into a Contract. Each bid shall be accompanied by the bidder’s security, the non-collusion declaration, the list of proposed subcontractors, and all additional documentation required herein. Bids shall be valid for 60 calendar days after the bid opening date. The Contract shall be signed by the successful bidder and returned within 10 working days, along with the contract bonds, copy of insurance policies, and Certificates of Insurance, with documents to verify any self-insurance coverage. Pursuant to Section 1- 1.07, “DEFINITIONS”, of the Standard Specifications, “day” means “24 consecutive hours running from midnight to midnight; calendar day”.

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

QUESTIONS: Bidders must submit all questions via ePRO. The deadline for bidder questions is 4:00 P.M. on FRIDAY, SEPTEMBER 11, 202 6 https://dot.ca.gov/programs/design https://dot.ca.gov/programs/construction https://www.bnibooks.com/

NB - 3

Each bid shall be accompanied by the security referred to in the Contract Documents, the non-collusion declaration, the list of proposed subcontractors, and all additional documentation required herein.

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

ePRO: Attention is directed to Section 2, “Proposal Requirements and Conditions” regarding the Electronic Procurement Network (ePro) system. THIS SYSTEM REQUIRES NEW REGISTRATION

FOR ALL VENDORS DOING BUSINESS WITH THE DISTRICT.

EMERGING SMALL BUSINESS ENTERPRISE: CONTRACTORs are encouraged to comply with the San Bernardino Country Emerging Small Business Enterprise (ESBE) Program.

Questions regarding the ESBE Program should be directed to the Department of Public Works, Contracts Division at (909) 387-7920.

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

REPORT BID RIGGING: Please report any suspected bid rigging, bidder collusion, and other fraudulent activities in order for the District to identify and investigate construction contract fraud and abuse. You may report such activities by calling the Contracts Division phone number at (909) 387-7920.

PREVAILING WAGES: : Pursuant to Section 1773 of the Labor Code, the general prevailing rates of wages in San Bernardino County have been determined and are listed in the State of California Department of Industrial Relations Director’s General Prevailing Wage Determinations (https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm). In addition, these wages are set forth in the General Prevailing Wage Rates included in these Special Provisions. The Contractor and subcontractors shall not pay less than the prevailing wage.

Copies of the prevailing wage rates are also on file at the District office (address identified above) and shall be made available to any interested party on request. A copy of the determination of the Director of prevailing rate of per diem wages shall be posted at each job site. More specifically, the Contractor shall post the general prevailing wage rates at a prominent place at the job site (Labor Code section 1773.2).

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

LABOR CODE REQUIREMENTS REGARDING REGISTRATION AS CONTRACTOR OR

SUBCONTRACTOR REQUIRED PRIOR TO BID PROPOSAL SUBMISSION: Contractor shall comply with Labor Code section 1771.1, including, but not limited to, the following requirements: (1) no contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 (with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)); (2) no contractor or subcontractor may be awarded a contract for public work or perform work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5; (3) this Project is https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm

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subject to compliance monitoring and enforcement by the Department of Industrial Relations;

(4) Contractor shall post job site notices regarding compliance monitoring and enforcement by the Department of Industrial Relations; and (5) Contractor must submit certified payroll at least monthly to the Labor Commissioner in a format prescribed by the Labor Commissioner.

As provided in Labor Code section 1771.1:

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

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

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

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

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

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

(d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section

1725.5 in place of the unregistered subcontractor.

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

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

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

NB - 5

to any penalty registration fee assessed pursuant to clause (ii) of subparagraph

(E) of paragraph (2) of subdivision (a) of Section 1725.5.

(h) (1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) for each day the unregistered lower tier subcontractor performs work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000).

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

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

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

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

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

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

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

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

(B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order

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by first class mail, postage prepaid to the contractor or subcontractor at one of the following:

(i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors’ State License Board.

(ii) If the contractor or subcontractor has no address on file with Secretary of State or the Contractors’ State License Board, the address of the site of the public work.

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

(4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage rate by that employer for any hours the employee would have worked but for the work stoppage, not to exceed 10 days.

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

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

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

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

LABOR CODE REQUIREMENTS FOR ENTITIES HAULING OR DELIVERING READY-

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

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

(Applicable only to Contracts of One Million Dollars ($1,000,000) or More): In accordance with Public Contract Code section 2204(a), the bidder certifies that at the time the bid is

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submitted, the bidder signing the bid is not identified on a list created pursuant to subdivision

(b) of Public Contract Code section 2203 as a person (as defined in Public Contract Code section 2202(e)) engaging in investment activities in Iran described in subdivision (a) of Public Contract Code section 2202.5, or as a person described in subdivision (b) of Public Contract Code section 2202.5, as applicable.

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

PAYMENT BY ELECTRONIC FUND TRANSFER: Contractor shall accept all payments from District via electronic funds transfer (EFT) directly deposited into the Contractor’s designated checking or other banking account. Contractor shall promptly comply with directions and accurately complete forms provided by District required to process EFT payments.

The District shall award the Contract for the Project to the lowest responsive, responsible bidder as determined by the District on the base bid alone. The District reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process.

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

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

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

No award shall be made to a Contractor that has failed to provide its CARB compliance certificates, unless the Contractor confirms that no equipment subject to the regulation will be used to execute the Contract Work. By submitting a bid, the Bidder hereby certifies that it is aware of the requirements set forth in Sections 2449, 2449.1, and 2449.2, Title 13, California Code of Regulations and any successful Bidder and its subcontractors shall comply with sections 2449, 2449.1, 2449.2 of Title 13 of the California Code of Regulations, including by https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-information/ukraine-russia-related-sanctions https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-information/ukraine-russia-related-sanctions https://www.dgs.ca.gov/OLS/Ukraine-Russia

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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 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.

The addition of these requirements shall be considered in concert with existing documents in preparation of bids.

NOEL CASTILLO, P.E., Chief Flood Control Engineer

DEPARTMENT OF PUBLIC WORKS

By:

ANDY SILAO, P. E., Chief Contracts Division

DATE: 8/25/26

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SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT

SPECIAL PROVISIONS FOR CONSTRUCTION ON

LYTLE CREEK GATEHOUSE TAINTER GATE CONTROLS POWER SYSTEM REPAIR

Lytle Creek Gatehouse

LENGTH: Not Applicable

WORK ORDER: F02884

AREA: San Bernardino, CA

SYSTEM NO.: N/A

ORGANIZATION

Special Provisions are under headings that correspond with the main-section headings of the Standard Specifications. A main-section heading is a heading shown in the table of contents of the Standard Specifications.

Each special provision begins with a revision clause that describes or introduces a revision to the Standard Specifications as revised by any revised standard specification.

Any paragraph added or deleted by a revision clause does not change the paragraph numbering of the Standard Specifications for any other reference to a paragraph of the Standard Specifications.

DIVISION I GENERAL PROVISIONS

1 GENERAL

Delete paragraph 9 of Section 1-1.01.

Add the following paragraph to Section 1-1.01.

The Notice to Bidders is incorporated into these Special Provisions by this reference.

Add the following paragraphs to section 1-1.01, “GENERAL”:

The work embraced herein shall be done in accordance with:

1) The Caltrans 2023 Standard Specifications.

2) The Caltrans 2023 Standard Plans.

3) Project Plans and these Special Provisions.

4) The Contract.

5) All other documents identified in the Contract.

Both the Standard Specifications and the Standard Plans are published by the State of California, Department of Transportation (Caltrans) and may be reviewed at the following website: http://www.dot.ca.gov/hq/esc/oe/construction_standards.html.

In case of a conflict between the Standard Specifications and these Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions.

Amendments to the Standard Specifications set forth in these Special Provisions shall be considered as part of the Standard Specifications for the purposes set forth in Section 5-1.02, SP - 2

"Contract Components," of the Standard Specifications. Whenever either the term "Standard Specifications is amended" is used in the Special Provisions, the indented text or table following the term shall be considered an amendment to the Standard Specifications. In case of conflict between such amendments and the Standard Specifications, the amendments shall take precedence over and be used in lieu of the conflicting portions.

Whenever in these Special Provisions the term section is used in an introductory instruction, it shall be understood to mean and refer to the section of the Standard Specifications unless otherwise specified. The special provision introductory instructions begin with the words “Delete,” “Replace,” or “Add,” and appear as bold text, centered in the page.

Revise or Add the following paragraphs to Section 1-1.07B.

awarding authority: Authorized body or officer that awarded the public works contract.

bid item list: Schedule of items found in the Proposal pages starting on P-1 of these Special Provisions.

bidder: Any person or entity making an offer or proposal to provide goods and/or services to the District .

CDH: San Bernardino County Department of Community Development and Housing that administers the Community Development Block Grant (CDBG) federal grant program.

California Test: Caltrans-developed test for determining work quality. For California Tests, go to the METS website.

consultant: Person(s), sole proprietorships, partnerships, associations, joint ventures, corporations, institutions or other entities who provide expert, professional assistance to the District under a contract.

contract: Agreement between two parties consisting of an offer and an acceptance resulting from solicitation of bids or proposals, in which each party commits to stipulated prices, terms and conditions, or materials or services.

contractor: Any person, sole proprietorship, partnership, association, corporation, joint venture, institution or other entity which is a party to a contract.

Department/District: The contract’s awarding body, either the San Bernardino County, through its Department of Public Works, or the San Bernardino County Flood Control District, as indicated on the Contract.

engineer: Head of the Department, as defined above, acting either directly or through properly authorized agents, engineer, assistants, inspectors and superintendents acting severally within the scope of the particular duties delegated to them.

engineer’s estimate: List of estimated quantities of work to be performed as contained in the contract documents.

estimated cost: Estimated cost of the project.

holiday: Holidays shown in the following table:

Holiday Holiday Date observed

Every Sunday Every Sunday New Year’s Day January 1st Birthday of Martin Luther King, Jr 3rd Monday in January Washington’s Birthday 3rd Monday in February

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Memorial Day Last Monday in May Juneteenth June 19th

Independence Day July 4th Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veterans Day November 11th Thanksgiving Day 4th Thursday in November Day after Thanksgiving Day Day after Thanksgiving Day Christmas day Eve December 24th Christmas Day December 25th New Year’s Day Eve December 31st

If a holiday falls on a Sunday the next weekday that is not a holiday will be taken as a holiday. If a holiday falls on a Saturday the previous weekday that is not a holiday will be taken as a holiday.

informal-bid contract: Contract that has "Informal Bid Authorized by Public Contract Code section 22032(b)" on the cover of the Notice to Bidders and Special Provisions.

labor surcharge and equipment rental rates: Caltrans publication that lists labor surcharge and equipment rental rates.

liquidated damages: In accordance with Section 8-1.10 of the Standard Specifications, the amount prescribed in Section 8 of the Special Provisions to be paid to the District pursuant to the indicated conditions.

minority: Same as defined in Public Contract Code section 2051(c).

offices of structure design (OSD): engineer procurement: Acquisition of material, supplies, goods equipment, systems, construction and services through both formal (including competitive bids) and informal transactions which result in purchase orders and/or contracts.

proposer: bidder public works contract: Agreement to perform the work described in Public Contract Code section 22002.

purchase: Method of procurement which results in an order for materials, supplies, goods, equipment, systems or services.

purchase order: Contract which is used to order supplies, equipment, goods, systems or services.

purchasing agent: Director of the San Bernardino County, Purchasing Department .

state: The Department, as defined above.

subcontractor: Individual or business firm contracting to perform part or all of another’s contract.

Delete section 1-1.08 “DISTRICTS.”:

Delete section 1-1.11 “WEB SITES, ADDRESSES, AND TELEPHONE NUMBERS.”:

Replace section 1-1.12 “MISCELLANY,” with:

1-1.12 MISCELLANY

Make checks and bonds payable to the District, as specified in the Contract.

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2 BIDDING

Add the following paragraphs to section 2-1.01, “GENERAL”:

The bidder must comply with the provisions in Section 2, "Bidding" of the Standard Specifications and these Special Provisions for the requirements and conditions which the bidder must observe in the preparation of the proposal form and the submission of the bid.

In addition to the subcontractors required to be listed in conformance with Section 2-1.10, “Subcontractor List,” of the Standard Specifications, each proposal must have listed therein the portion of work that will be done by each subcontractor listed. A sheet for listing the subcontractors is included in the Proposal.

In accordance with Public Contract Code section 7106, a Noncollusion Declaration is included in the Proposal. All bidders must review, sign and submit the Noncollusion Declaration with their bid. Any bid that fails to include an executed Noncollusion Declaration shall be considered nonresponsive.

The Proposal, including all required forms, must be signed by the bidder or an authorized representative of bidder. PROPOSALS THAT ARE NOT SIGNED WILL BE

DEEMED NONRESPONSIVE AND REJECTED.

Replace the 6th paragraph of section 2-1.04, “Pre-bid Outreach Meeting,” with:

The District may hold a single pre-bid meeting for more than one contract. Sign the sign-in sheet for the contract you intend to bid on. If you are bidding on multiple contracts, sign each sign-in sheet for each contract you intend to bid on. The sign-in sheets, with the names of all companies in attendance at each pre-bid meeting, will be made available through ePro and/or the District for all bidders to view

Delete section 2-1.04, “PREBID OUTREACH MEETING”

2-1.06A General

The Proposal, which includes the Bid Item List, can be found in these Special Provisions and on the San Bernardino County Electronic Procurement Network (http://epro.sbcounty.gov) as described further herein, and shall be used.

In accordance with Public Contract Code section 7106, a Noncollusion Declaration is included in the Proposal. All bidders must review, sign and submit the Noncollusion Declaration with their bid. Any bid that fails to include an executed Noncollusion Declaration shall be considered nonresponsive.

The Proposal, including all required forms, must be signed by the bidder or an authorized representative of bidder. PROPOSALS THAT ARE NOT SIGNED WILL BE

DEEMED NONRESPONSIVE AND REJECTED.

Replace section 2-1.06B, “Supplemental Project Information,” with:

2-1.06B Supplemental Project Information

The District makes supplemental information available as specified in these Special Provisions, through the Purchasing Department’s e-procurement (ePro) system.

Delete the 3rd, 4th ,5th ,6th ,7th and 8th Paragraph of section 2-1.06B, “SUPPLEMENTAL

PROJECT INFORMATION”

Replace section 2-1.10, “SUBCONTRACTOR LIST,” with:

2-1.10 SUBCONTRACTOR LIST

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On the Subcontractor List form, list each subcontractor to perform work in an amount in excess of 1/2 of 1 percent of the total bid or $10,000, whichever is greater (Pub Cont Code § 4100 et seq.).

For each subcontractor listed, the Subcontractor List form must show:

1. Business name and the location of its place of business.

2. California contractor license number for a non-federal-aid contract.

3. Department of Industrial Relations public works contractor registration number.

4. The portion of work it will perform. The prime contractor shall list only one subcontractor for each portion as is defined by the prime contractor in his or her bid.

Replace the 7th paragraph of section 2-1.12B(1) “GENERAL” with:

This Project does not require DBE goals.

Replace Section 2-1.12 (B)(2) through B(3) with:

2-1.12B(2) through B(3) “RESERVED”

Replace section 2-1.15 “DISABLED VETERAN BUSINESS ENTERPRISES.” with:

2-1.15 RESERVED

Replace section 2-1.18 “SMALL BUSINESS AND NON-SMALL BUSINESS SUBCONTRACTOR PREFERENCES.” with:

2-1.18 RESERVED

Replace section 2-1.27 “CALIFORNIA COMPANIES.” with:

2-1.27 RESERVED

Replace section 2-1.31 “OPT OUT OF PAYMENT ADJUSTMENTS FOR PRICE INDEX FLUCTUATIONS.” with:

2-1.31 RESERVED

Add the following paragraphs to section 2-1.33, “BID DOCUMENT COMPLETION AND

SUBMITTAL”

ePRO

Bids must be received by the designated date and time. An electronic bid can be submitted through the Electronic Procurement Network (ePro) https://epro.sbcounty.gov/. Submittals in ePro will be opened from the system’s “encrypted lock box” and evaluated as stated in this solicitation. If the bid is submitted through ePro, the bid may also be withdrawn OR retrieved, adjusted, and re-submitted by the bidder at any time prior to the scheduled deadline for submission of the bid. Paper responses will also be accepted at the location identified in the solicitation and can be withdrawn at any time prior to the scheduled deadline for submission of the bid. 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 the bid or they will be disqualified. Late or incomplete bids will be considered non-responsive. 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 the Purchasing Department at Jillian.Cole@pur.sbcounty.gov or at (909) 387-3373.

NOTE: If sending the bid or bid bond to the DISTRICT in a mail envelope (i.e., U.S.

Postal Office, Federal Express, etc.) please enclose the bid and/or bond inside the mail envelope in a separately sealed envelope bearing the title of the project, the name of the bidder, and marked “Bid Proposal and/or Bid Bond”. All mail, including Priority and

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Express Mail, sent via the U.S. Postal Service is received by the Department’s mail room then distributed to the DISTRICT. This can cause a delay in the receipt of bids. The District is not responsible for any delays caused by mail service to a different Department location. It is Bidder’s responsibility to ensure bids and bid bonds are received at the San Bernardino County Flood Control District, 825 East 3rd Street, Front Reception Desk, San Bernardino, CA, on or before the time set for opening of bids.

Delete section 2-1.33A, “General.”

Add section 2-1.33B(1)

2-1.33B(1) General

A sheet for listing the subcontractors, as required herein, is included in the Proposal.

Replace section 2-1.34 “BIDDER’S SECURITY,” with:

2-1.34 BIDDER’S SECURITY

• All bids/proposals shall be presented either under sealed cover or submitted through the Electronic Procurement Network (ePro) and accompanied by one of the following forms of bidder’s security:

Cash, a cashier’s check, a certified check, or a bidder’s bond executed by an admitted surety insurer, made payable to the San Bernardino County Flood Control District.

• The security shall be in an amount equal to at least 10 percent of the amount of bid.

A bid / proposal will not be considered unless it is accompanied by one of the forms of bidder’s security, in accordance with what is stated below.

• The bidder’s bond shall conform to the bond form labeled as “Bid Bond” in the “Proposal” section of these Special Provisions and shall be properly filled out and executed.

If the bid is submitted through the ePro, the bidder shall scan the bid security (bid bond) and submit the scanned copy with the bid submittal in ePro. In addition, bidder shall mail or submit in person the original bid security, in a separate sealed envelope labeled “Bid Bond” with “LYTLE CREEK GATEHOUSE TAINTER GATE CONTROLS POWER SYSTEM REPAIR” and the name of the bidder clearly marked on the outside, to: San Bernardino County Flood Control District, 825 E. 3rd Street, Front Reception, San Bernardino, California, 92415-0835. Any mailed or submitted bid security must be received on or before the time set for the opening of the bids.

Any bid/proposal that fails to include an original paper submission of the bidder’s security in a separately sealed envelope shall be considered nonresponsive. Bidder’s attention is directed to Section 2-1.33, “BID DOCUMENT COMPLETION AND SUBMITTAL,” of these Special Provisions for further details.

Delete the 1st paragraph of section 2-1.40, “BID WITHDRAWAL.”

Replace section 2-1.43 “BID OPENING” with:

2-1.43 PUBLIC OPENING OF THE BID

Bids (both paper and ePro) will be opened and read aloud publicly at the place and time set for the opening of bids in the Notice to Bidders or as revised in an Addendum. All bids submitted to the District 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 District for all bidders to view.

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Failure of the bidder to fulfill the requirements of the Special Provisions for submittals required to be furnished after bid opening, including but not limited to escrowed bid documents, where applicable, may subject the bidder to a determination of the bidder’s responsibility in the event it is the apparent low bidder on future public works contracts.

Replace section 2-1.46 with:

2-1.46 DISTRICT’S DECISION ON A BID

The decision by Board of Supervisors (or if informally bid, with the Chief Executive Officer) on the bid amount is final.

The Board of Supervisors (or if informally bid, with the Chief Executive Officer) may reject:

1. All Bids

2. A nonresponsive bid

3. A bid from any entity that is a parent, affiliate, or subsidiary, or that is under common ownership, control or management with any other entity submitting a bid on the project.

Proposals may be rejected as non-responsive if they have been transferred to another bidder, or if they show any alteration of form, additions not called for or if they are conditional or incomplete bids. Proposals may be rejected as non-responsive if there are erasures or irregularities of any kind.

Bidders that fail to include an executed Noncollusion Declaration shall be considered nonresponsive.

Replace section 2-1.47 with:

2-1.47 BID RELIEF

The District may grant bid relief under Public Contract Code § 5100 et seq. Submit any request for bid relief to the District.

3 CONTRACT AWARD AND EXECUTION

Delete 1st and 3rd paragraph of section 3-1.02A, “General.”

Replace 3-1.02B, “Tied Bids,” with:

3-1.02B Tied Bids

The District breaks a tied bid with a coin toss.

Add the following paragraph to section 3-1.03, “CONTRACTOR

REGISTRATION”LABOR CODE REQUIREMENTS REGARDING REGISTRATION AS

CONTRACTOR OR SUBCONTRACTOR REQUIRED PRIOR TO BID PROPOSAL

SUBMISSION: Contractor shall comply with Labor Code section 1771.1 (shown in section 7- 1.02K(2)), including, but not limited to, the following requirements: (1) no contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 (with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a));

(2) no contractor or subcontractor may be awarded a contract for public work or perform work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5; (3) this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations; (4) Contractor shall post job site

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

Replace section 3-1.04 “CONTRACT AWARD,” with:

3-1.04 CONTRACT AWARD

The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed. The award, if made, will be made within 60 days after the opening of the proposals. This period will be subject to extension for such further period as may be agreed upon in writing between the District and the bidder concerned.

Bid Protest: Any bidder submitting a bid directly to the District for this Project may file a protest of the District’s proposed award of the 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 and received physically by the San Bernardino County Flood Control District, 825 E. Third Street., Room 147, San Bernardino, CA, 92415 before 4:00 p.m. of the sixth (6th) business day following the bid opening. Failure to timely submit a 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 ability 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…