Rev. 7/2021- Services

Request for Qualifications (RFQ) No. PWG126-OPERA-6220

Road Materials

San Bernardino County Department of Public Works

825 E. Third Street San Bernardino, CA 92415

April 2026

Public Works

Request for Qualifications Road Materials

No. PWG 126-OPERA-6220

I. INTRODUCTION

A. Purpose

The San Bernardino County, Public Works Department (County), is seeking proposals from interested and qualified material suppliers and vendors to provide various road materials. The number of awards will be determined by the quality of the proposals received. This RFQ is being released to identify, pre-qualify, and create a Board-authorized list of vendors who will bid to supply road materials to specific sites as jobs are scheduled or as emergencies occur. Vendors submitting proposals in response to this RFQ will hereafter be referred to as “Proposers.”

B. RFQ Contact Questions regarding the contents of this RFQ must be submitted in writing on or before 12:00 PM (PST) of the deadline specified in Section II. Questions must be directed to the RFQ Contact listed below. All questions will be answered and both the question and answer will be posted on San Bernardino County’s website.

San Bernardino County Department of Public Works

Attn: Hope Edwards 825 E. Third Street

San Bernardino, CA 92415

(909) 387-7863

DPWProcurement@dpw.sbcounty.gov

C. Contract Term Materials to be provided under this Request for Qualifications (RFQ) are outlined under Section V, Scope of Work. The Contract period will be for a maximum of one (1) year, beginning upon Board of Supervisors’ approval and ending on June 30, 2027.

D. Location of Material Delivery Material is to be delivered to various locations throughout San Bernardino County. The material delivery location for specific bids will be identified on the Request for Bid (RFB).

Attachments D-1 through D-8 (Road Material Product Specifications forms) identify different regions within San Bernardino County where material must be delivered. Mark the boxes to indicate to which areas the proposer agrees to deliver.

E. Assistance to Proposers with a Disability

Proposers with a disability may request accommodation regarding the means of communicating this RFQ or participating in the procurement process. For more information, contact the RFQ Contact no later than ten (10) days prior to the Deadline for Proposals.

II. PROPOSAL TIMELINE

The County reserves the right to change any of these dates. Any changes will be communicated in writing.

Contracts will be awarded on a semi-annual basis.

Tentative RFQ release dates: April 14, 2026

Questions Deadline 12:00 PM (PST)

Posted Answers in eProcurement (ePro)

Semi-Annual Proposal Deadline at 2:00 PM (PST)

Tentative Contract Commencement

April 20, 2026 April 30, 2026 May 21, 2026 July 1, 2026

Subsequent proposals from previous Proposers who were not awarded contracts shall not be accepted for a period of six (6) months from the applicable proposal submission deadline.

mailto:DPWProcurement@dpw.sbcounty.gov

Request for Qualifications Road Materials

III. DEFINITIONS

Capitalized terms used in this RFQ shall have the meanings given to them in the RFQ and as defined below:

Board: The San Bernardino County Board of Supervisors.

Contract: The Contract between the County and the Proposer resulting from the award issued pursuant to this RFQ to the successful Proposer.

Contractor: Any individual, company, firm, corporation, partnership or other organization to whom a contract award is made by the County.

County: San Bernardino County.

Facilitator: A County Purchasing Department buyer or designated individual tasked with managing the processes of the evaluation panel.

Materials: The requested materials described in this RFQ.

Proposal: The offer to provide specific goods or services at specified prices and/or other conditions specified in the RFQ.

Purchasing Agent: The Director of the County Purchasing Department.

Request for Bid (RFB): The request for bid will be sent out to pre-qualified vendors with project specific information including: material type, quantity, locations, dates, and any other specification requirements.

Request for Qualifications (RFQ): The request for qualifications from Proposers interested in providing the identified materials sought to be procured by the County. The RFQ specifies the evaluation factors to be used and contains or incorporates by reference contractual terms and conditions applicable to the procurement.

Road Materials: Road Materials shall include, but is not limited to, aggregate, asphalt, concrete, asphalt emulsions, blast slag, crack sealant, Portland cement concrete, rip rap, volcanic cinders, dust control/dirt stabilization, and glass beads.

Services: The requested services described in this RFQ.

Subcontractor: An individual, company, firm, corporation, partnership or other organization, not in the employment of or owned by Contractor who is performing services on behalf of Contractor under the Contract or under a separate contract with or on behalf of Contractor.

IV. PROPOSAL CONDITIONS

A. Authorized Signatures All proposals must be signed by an individual authorized to bind the Proposer to the provisions of the

RFQ.

B. Term of Offer

Proposals shall remain open, valid and subject to acceptance anytime within nine (9) months after the Proposal submission.

C. Required Review Proposers should carefully review this RFQ for defects and questionable or objectionable material.

Comments from Proposers concerning defects and objectionable material in this RFQ must be made in writing and received by the RFQ contact prior to the deadline for submission of questions identified in

Request for Qualifications Road Materials

Section II or at least ten (10) calendar days before the Deadline for Proposals (whichever occurs last).

This will allow issuance of any necessary amendments or addendums to the RFQ. It will also help prevent the opening of a defective RFQ and exposure of Proposals upon which an award could not be made.

Protests based on any omission or error, or on the content of this RFQ, may be disallowed if not submitted in writing to the attention of the RFQ Contact, prior to the deadline for submission of questions identified in Section II or at least ten (10) calendar days before the Deadline for Proposals (whichever occurs last).

D. Incurred Costs

The County is not obligated to pay any costs incurred by Proposer in the preparation of a Proposal in response to this RFQ. Proposers agree that all costs incurred in developing a Proposal are the Proposer’s responsibility.

E. Amendments/Addendums to RFQ The County reserves the right to issue amendments or addendums to this RFQ if the County considers that changes are necessary or additional information is needed.

Changes to a Proposal or withdrawal of a Proposal will only be allowed if a request is received prior to the Deadline for Proposals. No amendments or withdrawals will be accepted after the Deadline for Proposals.

F. Reserved

G. Right of Rejection Offers must comply with all of the terms of the RFQ, and all applicable local, state, and federal laws, codes, and regulations. The County may reject as non-responsive any Proposal that does not comply with all of the material and substantial terms, conditions, and performance requirements of the RFQ.

Further, the County may reject a proposal 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 Proposal in response to this RFQ.

A Proposer may not qualify the Proposal nor restrict the rights of the County. If Proposer does so, the Proposal may be determined to be a non-responsive counter-offer and the Proposal may be rejected.

No Proposal shall be rejected, however, if it contains a minor irregularity, defect or variation. If the irregularity, defect or variation is considered by the County to be immaterial or inconsequential, the County may choose to accept the Proposal.

Minor irregularities may be waived by the Purchasing Agent when they are any of the following:

1. Do not affect responsiveness;

2. Are merely a matter of form or format;

3. Do not change the relative standing or otherwise prejudice other offers;

4. Do not change the meaning or scope of the RFQ;

5. Are trivial, negligible, or immaterial in nature;

6. Do not reflect a material change in the work; or

7. Do not constitute a substantial reservation against a requirement or provision.

In such cases the Proposer will be notified of the deficiency in the Proposal and given an opportunity to correct the irregularity, defect or variation or the County may elect to waive the deficiency and accept the Proposal. The decision to provide a waiver shall in no way modify or compromise the overall purpose of the submittal, nor excuse the Proposer from compliance with all requirements if awarded a Contract.

This RFQ does not commit the County to award a contract. The County reserves the right to reject any or all Proposals if it is in the best interest of the County to do so. The County also reserves the right to terminate this RFQ process at any time.

Request for Qualifications Road Materials

H. Local Preference Local Preference The San Bernardino County has adopted a Local Preference Policy. A local preference of five percent (5%) shall be applied in the cost evaluation of proposals or bids for goods, services, equipment, or a minor public work project, unless an exemption applies. In a price-based bid, five percent (5%) will be deducted from the local vendor’s proposed cost for the purpose of comparison when the local vendor’s proposed cost is not the lowest. If the local vendor’s bid is equal to or lower than the price of an otherwise successful non-local vendor after the 5% preference is applied, the local vendor will be given the opportunity to match the lowest quoted price. In a best value evaluation, five percent (5%) of the awardable points for cost will be added to the local vendor’s score. If the local vendor’s overall score is equal to or lower than that of an otherwise successful nonlocal vendor, the local vendor will be recommended for award.

“Due to the evaluation of qualitative elements along with cost in a best value evaluation, application of local preference for cost proposals may not result in award to a local vendor with the lowest cost after applying local preference.”

Local Vendor - A local vendor is any vendor, contractor or consultant (hereafter “vendor”) that meets all of the following requirements:

1. Vendor’s main office (headquarters) or a major regional office is located within the County;

2. Vendor employs a minimum of 25% of the vendor’s full-time management employees and 25% of its full-time regular employees working from the San Bernardino County location(s);

3. Vendor employs one full-time or two part-time employees with primary residence in the County;

4. Vendor’s “point of sale” for purposes of reporting sales tax to the State Board of Equalization is within the boundaries of the County. The payment of any local share of sales tax must go to the County or a city within the County. If the local business has more than one sales office in the State of California, the office located in the County shall be the point of sale for sales tax calculation;

5. Vendor is not delinquent in any taxes or other payments to the County;

6. Vendor possesses a valid and verifiable business license (if required);

7. Vendor has been open and established for at least six months prior to the issuance of the solicitation;

8. Vendor can demonstrate on-going business activity in the field of endeavor on which they are proposing from that office during the preceding six months;

9. Vendor has not within five years prior to the solicitation admitted guilt or been found guilty by any court or state or federal regulatory enforcement agency of violation of any criminal law or any law or regulation regarding fraud;

10. Vendor is not federally debarred; and

11. Vendor is not suspended or debarred from participation in doing business with the County, in the scope of work that is the subject of the solicitation.

12. Local Vendor Self-certification – Documentation provided

Local Vendor self-certification form is required for any bid or proposal when a local preference is claimed affirming that it meets each of the above stated criteria, and signed by a vendor representative with the authority to obligate the company under penalty of perjury. A Local Vendor Self Certification Form (See Exhibit C for sample Local Vendor Preference Self-Certification form), must be submitted with each RFB the proposer bids on. Form will be provided at the time of bid. (Please see Section V.

Paragraph E for RFB process).

I. Clarification of Offers In order to determine if a Proposal is reasonably susceptible for award, communications by the Facilitator for the evaluation panel are permitted with a Proposer to clarify uncertainties or eliminate confusion concerning the contents of a Proposal. Clarifications may not result in a material or substantive change to the Proposal. The evaluation by the panel may be adjusted as a result of a clarification under this section.

Request for Qualifications Road Materials

J. Public Records Act All Proposals and other material submitted become the property of the County and are subject to release according to the California Public Records Act (Government Code § 6250). All Proposal information, including cost information, will be held in confidence during the evaluation and negotiation process.

Thereafter, Proposals are subject to becoming a non-exempt public record.

If a Proposer believes that any portion of its Proposal is exempt from public disclosure, it must indicate the specific portions believed to be confidential and not subject to disclosure on Attachment I - Public Records Act Exemptions. The Proposer also must include a brief description that sets out the reasons for exemption from disclosure. Each stated exemption must include a citation to supporting legal authority, including statutory authority or case law, to support exemption from the Public Records Act. Requested exemptions that do not meet the requirements of this section will not be considered.

The County will use reasonable means to ensure that such information is safeguarded, but will not be held liable for inadvertent disclosure of the information. Proposals marked “Confidential” in their entirety will not be honored, and the County might not deny public disclosure of any portion of Proposals so marked.

By submitting a Proposal with portions identified in Attachment H as “Confidential,” Proposer represents that it has a good faith belief that such portions are exempt from disclosure under the California Public Records Act. Proposer may be requested to obtain legal protection from disclosure should a Public Records Act request be received. In the event the County does not disclose the information marked “Confidential,” Proposer agrees to reimburse the County for, and to indemnify, defend (with counsel approved by County) and hold harmless the County, its officers, employees, agents, and volunteers from and against any and all claims, damages, losses, liabilities, suits, judgments, fines, penalties, costs and expenses, including without limitation, attorneys’ fees, expenses and court costs of any nature arising from or relating to the County’s non-disclosure of any such designated portions of a Proposal.

K. Employment of Former County Officials Information must be provided in Attachment F regarding former County Administrative Officials (as defined below) who are employed by or represent Proposer. The information provided must include 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 Proposer and should also include the employment and/or representative capacity and the dates these individuals began employment with or representation of Proposer. For purposes of this section, “County Administrative Official” is defined as a member of the Board of Supervisors or such member’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.

Failure to provide this information may result in the Proposal being deemed non-responsive.

L. Reserved

M. Disclosure of Criminal and Civil Proceedings The County reserves the right to request the information described herein from the Proposer selected for Contract award. Failure to provide the information may result in a disqualification from the selection process and no award of Contract to the Proposer. The County also reserves the right to obtain the requested information by way of a background check performed by an investigative firm. The selected Proposer may also be asked to provide information to clarify initial responses. Negative information provided or discovered may result in disqualification from the selection process and no award of Contract.

The selected Proposer may be asked whether the firm, or any of its partners, principals, members, associates or key employees (as that term is defined herein), within the last ten years, has been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense arising directly or indirectly from the conduct of the firm’s business, or whether the firm, or any of it partners, Request for Qualifications Road Materials principals, members, associates or key employees, has within the last ten years, been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense involving financial misconduct or fraud. If the response is affirmative, the Proposer will be asked to describe any such indictments or charges (and the status thereof), convictions and the surrounding circumstances in detail.

In addition, the selected Proposer may also be asked to disclose whether the firm, or any of its partners, principals, members, associates or key employees, within the last ten years, has been the subject of legal proceedings as defined herein arising directly from the provision of services by the firm or those individuals. “Legal proceedings” means any civil actions filed in a court of competent jurisdiction, or any matters filed by an administrative or regulatory body with jurisdiction over the firm or the individuals. If the response is affirmative, the Proposer will be asked to describe any such legal proceedings (and the status and disposition thereof) and the surrounding circumstances in detail.

For purposes of this provision “key employees” includes any individuals providing direct service to the County. “Key employees” do not include clerical personnel providing service at the firm’s offices or locations.

N. Debarment and Suspension; California Secretary of State Business Entity Registration.

Proposer certifies in Attachment E that neither it nor its principals or subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (See Attachment E and the following United States General Services Administration’s System for Award Management website https://www.sam.gov). Proposer also certifies in Attachment E that if it or any of the subcontractors listed in the Proposal are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.

O. Unsatisfactory Performance Proposer affirms that it has no record of unsatisfactory performance with the County in the twenty-four

(24) month period immediately preceding the date of issuance of this RFQ.

P. Final Authority The final authority to award a contract(s) as a result of this RFQ rests solely with the County Board of Supervisors, or as delegated by the Board of Supervisors.

Q. Department of Industrial Relations Registration Proposer must be registered with the Department of Industrial Relations (DIR) as required by Senate Bill 854 (Chapter 28, Statutes of 2014) and Senate Bill 96 (Chapter 28, Statutes of 2017) to work on public works contracts as defined under the Labor Code.

V. SCOPE OF WORK

A. BACKGROUND INFORMATION

The San Bernardino County Department of Public Works, is responsible for and/or assists in the maintenance of approximately 2,500 miles of County road and over 3,000 flood channels, basins, storm drains, dams and levees, as well as supervises 15 yards that are separated by extensive distance.

The County plans to utilize contractors (hereafter referred to as “Proposer(s)” or “Vendor(s)”) to provide Road Materials (defined herein) through the County. Proposer will provide Road Materials to the County as described in the RFQ and the RFB at the County’s discretion and as such projects are scheduled.

B. PRODUCT DESCRIPTION

1. Contractors will provide Road Materials in quantities ordered, at times needed to the County as described in this RFQ and the Request for Bids (RFB) as jobs are scheduled for performance.

https://www.sam.gov/

Request for Qualifications Road Materials

2. The products forms are attached to this RFQ, as Attachment D – Road Materials Specifications Schedules (D1-D8), as noted:

Attachments Reference No.

Aggregate Product Specifications D-1 Asphalt Concrete Product Specifications D-2 Asphalt Emulsions Product Specifications D-3 Crack Sealant Product Specifications D-4 Portland Cement Concrete Product Specifications D-5 Volcanic Cinders Product Specifications D-6 Dust Control/Dirt Road Stabilization Specifications D-7 Glass Beads D-8

RFQ Attachments D-1 through D-8, Road Materials Product Specification forms, attached to this RFQ and incorporated herein by this reference, designate the material types Proposer is willing to provide for the term of the contract. Delivery material pricing is not required at this time. The Proposer must complete any, or all, applicable Road Materials Product Specifications forms for which the Proposer will bid to provide as jobs are scheduled.

C. MATERIAL PROVISIONS

Proposer must meet the following:

1. All material shall meet the latest edition of the Caltrans Standard Specifications.

2. All material shall be subject to testing. Testing shall conform to all related specifications defined by

County at a later date or at the time of bid.

3. All materials, excluding soil control/dirt road stabilization materials, shall have a one (1) year warranty.

Upon proof of material failure determined to be Proposer’s fault, Proposer shall replace material, and/or reimburse the County for cost incurred for materials replacement and installation.

4. All items or services are subject to final inspection and acceptance as designated by the County.

Such final inspection shall be made within a reasonable time after delivery.

5. Delivery shall be Free on Board (FOB) in the type of trucking requested at the rates indicated in the

RFB.

6. Provide Certified weight tickets upon delivery of material.

7. Standby time shall be paid in accordance with current Caltrans, “Labor Surcharge and Equipment

Rental Rates” in effect at the time the service is performed. This document can be found on the State of California’s Department of Transportation website.

(https://dot.ca.gov/programs/construction/equipment-rental-rates-and-labor-surcharge)

8. Free time on delivery shall be as follows:

Material Free Time Asphalt 30 minutes Bulk Liquid 60 minutes Rock 30 minutes Rip Rap 10 minutes

9. Material delivery time shall be recorded on the delivery ticket as follows:

https://dot.ca.gov/programs/construction/equipment-rental-rates-and-labor-surcharge

Request for Qualifications Road Materials

Arrival (on site) hh:mm Begin (delivery) hh:mm Departure (delivery complete) hh:mm Standby time (after free time deduction) Hours and/or minutes

Standby Equipment Name and Model Caterpillar, WE-601B

D. EQUIPMENT/SERVICE PROVISIONS

1. All equipment shall be of good commercial quality, in good working order, meet CAL-OSHA safety and insurance certification requirements, Vehicle Code and air quality regulations, and is subject to County approval.

2. All equipment shall arrive at jobsite safety inspected, in good working order and ready to perform.

3. Contractor’s employees, agents, or representatives, charged with performing Proposer obligations under an accepted job assignment must be trained in their assigned tasks and in the operation and safe handling of the required equipment and materials. Work performed for the County shall be in a good and professional manner, subject to the reasonable satisfaction of the County, and subject to the provisions herein.

4. Contractor’s employees, agents, or representatives must wear safety and protective gear according to CAL-OSHA standards and any applicable laws.

5. Contractor shall be responsible for all required traffic control, including, but not limited to: signs, flagging, arrow/message boards, equipment crossing, and supervision of Proposer’s personnel.

6. Contractor shall be responsible for any required notification to Dig Alert (Telephone Number 811), as well as compliance with Government Code section 4216.

7. Contractors shall comply with all applicable requirements identified in Section IX, Paragraph A.44 entitled “Prevailing Wage Law”. When an individual project is bid out, the County will advise the bidders whether the project is subject to the Prevailing Wage Laws. If the individual project is subject to the Prevailing Wage Laws, the bidders must be registered with the Department of Industrial Relations (DIR) in order to bid on the project and perform the work. The successful bidder will also be responsible for complying with the Prevailing Wage Laws during the performance of the work.

E. REQUEST FOR BID PROCESS

1. Proposers shall complete and sign the applicable Road Material Product Specification forms

(Attachments D-1 through D-8) designating the material type Proposer will provide for the term of the contract. Delivered material pricing is not required at this time.

2. Except for emergency projects, at the time the job is scheduled for performance:

a. Contractors shall receive, via email, notification of RFB that will include specific information regarding a job.

b. Proposers interested in supplying the requested material will submit a bid, prices bid at the time the job is scheduled for performance shall include all labor, equipment, services, materials, and supplies, and permits required to perform Contractor obligations under an accepted job assignment.

Request for Qualifications Road Materials

c. Bids shall be submitted to the County by email to the address and by the deadline identified on the RFB.

d. Bids that are not responsive to the RFB may be rejected.

e. Bids must include a fully executed non-collusion declaration in the form identified in Public

Contract Code Section 7106.

f. If Bidder intends to subcontract any of the equipment, Bidder shall provide in the bid the name, location of the place of business, and the California contractor license number of each subcontractor who will provide the equipment to the Bidder in excess of one-half of 1 percent of the Bidder’s total bid or $10,000, whichever is greater.

g. Any Bidder submitting a bid may file a protest of the County’s proposed award of the project, provided that each and all of the following are complied with:

(1) The bid protest is in writing.

(2) The bid protest is submitted to and received by the Department of Public Works, 825 East Third Street, Room 207, before 4:00 pm of the third 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 waiver of the right to protest. Untimely protest will not be accepted or considered.

(3) The written bid protest shall set forth, in detail, all grounds for the bid protest (including without limitations all facts, supporting documentation, legal authorities and argument in support of the ground 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. 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 Director shall review and evaluate the bid protest. All bidders, including the protesting bidder, shall have three (3) 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’s Director’s decision shall be final.

h. For emergency projects, County reserves the right to contact any contractor or vendor, including Contractor, directly in order to promptly respond to such emergency and protect life and property.

Price will be negotiated at the time of contact.

i. If required by law, Contractor shall submit certified payroll for employees charged with performing Contractor obligations under an accepted job assignment weekly and upon invoice.

j. Contractors, when asked, must provide a “Certificate of Compliance” certifying that material complies with the most current Caltrans Standard Specifications of the requested material at the time RFB is due.

k. Contractors in default of their Contract or an accepted job assignment, as determined by the County may:

1. Be disallowed from bidding on subsequent job assignments for a period of time.

2. Have award of other accepted job assignments revoked.

3. Have the Road Materials Contract cancelled.

F. COUNTY RESERVES THE RIGHT:

1. To immediately dismiss a contractor from a job if work is found to be deficient in any manner.

2. To reject material not meeting Caltrans specifications and/or specifications requested on the RFB. It is the contractor’s responsibility to contact the County prior to submitting a bid to verify the requirements. Material that is delivered not meeting specifications will be rejected at the Proposer’s expense.

Request for Qualifications Road Materials

3. To invoice Contractor for all costs incurred by the County, including assessed fines and or penalties, for Contractor’s incorrect, late, or non-performance of obligations under an accepted job assignment.

These costs may be offset from any amounts due the Contractor under this Agreement or otherwise.

4. To assess liquidated damages in the amount of $500.00 against Contractor for each and every calendar day’s delay in finishing the work in excess of the number of working days prescribed in the RFB in the amount identified in the RFB.

5. To hold in retention up to 5% of the total value of work performed and any other amount authorized in Public Contract Code Section 7201.

The retention will be held for 30 days following completion of the project. Contractor shall invoice County for release of the retained amount.

The County shall not retain any monies due to the Contractor if unconditional releases and waivers from all subcontractors and a certification from the Contractor stating that said subcontractors are the only subcontractors performing work on the project are submitted upon invoice.

The actual required retention amount shall be established at the time of Bid.

Contractor may avail himself/herself to Public Contract Code Section 22300 which allows substitute securities to be deposited in lieu of retention payment withheld to insure performance.

6. To require contractor on all projects over $25,000 to file a payment bond with and approved by the County’s Director of Public Works, or the Director’s designee, in accordance with Civil Code Section 9550, in a penal sum equal to one hundred percent (100%) of the contract price.

7. To require contractor to file a performance bond as directed by the County’s Director of Public Works in an RFB in a penal sum equal to one hundred percent (100%) of the contract price.

8. To require at the time of bid on an individual project, a specific State of California Contractor’s License.

9. Depending on the funding source for the work, require Contractor to comply with any other federal, state, County or municipal law, regulation and /or contractual requirement, including, but not limited to, the laws, regulations and/or requirements of the State Department of Transportation (Caltrans), the Federal Highway Administration (FHWA), the California Emergency Management Agency (Cal EMA) or the Federal Emergency Management Agency (FEMA).

VI. PROPOSAL SUBMISSION

A. General

1. All interested and qualified Proposers are invited to submit a Proposal for consideration. Submission of a Proposal indicates that the Proposer has read and understands the entire RFQ, including all appendixes, attachments, exhibits, schedules, and addenda (as applicable) and that all concerns regarding the RFQ have been resolved.

2. Proposals must be received by the designated date and time specified in Section II. All Proposers must register with the ePro system prior to the designated date and time or they will be disqualified. Late or incomplete proposals will not be accepted.

3. The Proposer acknowledges that its electronic signature is legally binding. Submittals in ePro will be opened from the system’s encrypted lock box after the deadline and evaluated as stated in this RFQ.

Request for Qualifications Road Materials

4. Electronic response may be submitted through the San Bernardino County Electronic Procurement Network (ePro) https://epro.sbcounty.gov/bso/view/login/login.xhtml. System-related issues in ePro shall be directed to the Purchasing Department at (909) 387-2060. For procurement questions involving ePro, please contact the RFQ Contact identified in Section I, Paragraph B – RFQ Contact.

5. Paper responses may be submitted in lieu of electronic submission, by mail or in person, at the following address and will be time/date stamped when received:

Attn: Front Desk Receptionist PWG 126-OPERA-6220 Road Materials

825 East Third Street San Bernardino, CA 92415-0835

Phone: (909) 387-7910

6. Proposals can be withdrawn at any time prior to the scheduled Deadline for Proposals.

7. Proposals must be submitted in the format described below. Proposals are to be prepared in such a way as to provide a straightforward, concise description of capabilities to satisfy the requirements of this RFQ.

8. Proposals must be completed in all respects as required in this section. A Proposal may not be considered if it is conditional or incomplete.

B. Proposal Format Responses to this RFQ must be in the form of a Proposal package, which must be submitted in the following format:

1. Presentation

One (1) original and one (1) bound copy of the written proposal is required. Proposal shall be on 8 ½ x 11 paper. Each page, including attachments, must be clearly and consecutively numbered.

2. Proposal Checklist Complete Attachment A – Proposal Checklist.

3. Cover Page Cover page must be a letter on company letter head, signed by a duly authorized officer, employee, or agent of the organization/firm submitting the proposal that must include the following information:

(See Attachment J: Sample Cover Letter)

1) A statement that the proposal is submitted in response to the RFQ Road Materials.

2) A statement indicating which individuals, by name, title, address, and telephone number are authorized to negotiate with the County on behalf of the organization/firm.

3) The names, address, telephone numbers, and email addresses of three (3) business/trade references (those for whom proposer has performed work).

4) A statement certifying that the undersigned, under penalty of perjury, is an agent authorized to submit proposals on behalf of the organization/firm.

This form must be fully completed and signed by an authorized officer of the Proposer.

https://epro.sbcounty.gov/bso/view/login/login.xhtml

Request for Qualifications Road Materials

4. Proposer Information Page Complete Attachment B – Proposer Information Page and provide the following information:

• Business name of the Proposer and type of legal entity such as corporation, partnership, etc.

If Proposer is a business entity that must be registered with the California Secretary of State, Proposer shall provide the County the entity number assigned to it by the Secretary of State.

• Contact Information o Mailing Address o Purchase Order email address o Remit Address and email for payments.

o Emergency (After-hours) contact.

o List of approved staff who can submit bids.

• Provide copies of all licenses, permits and/or certifications in as required under Section IX.

TERMS AND CONDITIONS Paragraph A, 22. (if applicable)

• The Services requested under this RFQ include “public works” and “maintenance” services as defined in the California Labor Code. Under Labor Code section 1725.5 Contractor must be registered with the Department of Industrial Relations (DIR) at the time Contractor submits a Proposal. Include Contractor’s DIR registration number on Attachment B and the DIR registration number of all subcontractors who may be performing “public works” and “maintenance” Services if a Contract is awarded to Proposer.(if applicable)

5. Statement of Certification

Include the following on Attachment C – Statement of Certification:

a. A statement that the offer made in the Proposal is firm and binding for nine (9) months from the

Deadline for Proposals.

b. A statement that all aspects of the Proposal, including cost, have been determined independently, without consultation with any other Proposer (competitor) for the purpose of restricting competition.

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

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

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

f. A statement that the Proposer, if selected will comply with all applicable rules, laws and regulations.

g. A statement that the Proposer has reviewed the RFQ and General Contract Terms in their entirety and have no exceptions to any requirements, terms or conditions, except as noted in Attachment G.

6. Road Materials Product Specifications

Complete Product Specifications forms, Attachments D-1 through D-8. No price is needed at this time. Please indicate the type of material and locations Proposer is interesting in bidding on.

7. Certification Regarding Debarment or Suspension

Complete Attachment E – Certification Regarding Debarment or Suspension; California Secretary of State Business Entity Registration.

8. Former County Officials

Complete Attachment F – Employment of Former County Officials.

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9. Exceptions to RFQ Complete Attachment G – Exceptions to RFQ.

10. Public Records Act Exemptions Complete Attachment H – Public Records Act Exemptions, if applicable.

11. Indemnification and Insurance Requirements Affidavit Submit evidence of ability to insure as stated in Section IX, Paragraph B – Indemnification and Insurance Requirements. Proposer must complete and submit Attachment I – Indemnification and Insurance Requirements Affidavit, and ensure the form is complete, including the signature from Proposer’s insurance broker/agent.

VII. EVALUATION

Proposals will be subject to an Initial Review to confirm responsiveness, by determining whether each Proposal includes the stipulated content, required certifications or licensing, etc., and is presented in the required format, in order for the Proposal to advance for evaluation. Any reasonable person reviewing for responsiveness must be able to ascertain that the Proposal meets these requirements.

The evaluation process for this RFQ is set forth below. The evaluation process by which work will be awarded under each RFB shall be specified in that particular RFB.

A. TECHNICAL REVIEW

Proposals meeting the Initial Review requirements will be evaluated on the basis of the following criteria:

1. Ability to provide Road Materials noted in the Product Specification Forms (Attachment D-1 through

D-8) in a timely manner. This includes, but is not limited to, providing sufficient personnel, required licenses, insurance and equipment.

2. Road Materials must meet the requirements specified in Section IV, and on the product specification forms (Attachment D-1 through D-8).

B. AWARD

The contents of the proposal of the successful Proposer will become contractual obligations and failure to accept these obligations in a contractual agreement may result in cancellation of the award. The County reserves the right to accept bids any time during the duration of this contract from vendors currently under contract and not currently under contract. The award of a contract does not imply or guarantee work.

VIII. APPEAL AND AWARD

In the event a dispute arises concerning the Proposal process prior to the award of the Contract, the Proposer raising the dispute shall submit a request for resolution in writing to the Purchasing Agent. Proposer may appeal the recommended award or denial of award (Protest), provided the Protest:

1. Is submitted in writing.

2. Is submitted within ten (10) calendar days of the issuance date of the NOIA.

A Protest can only be brought on the following grounds:

1. Failure of the County to follow the selection procedures and adhere to requirements specified in the RFQ or any addenda or amendments.

2. Violation of conflict of interest as provided by California Government Code Section 87100 et seq.

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3. Violation of State or Federal law.

Protests will not be accepted for any other reasons than those stated above. All Protests must be sent to:

Stephenie Shea, The Purchasing Director

Purchasing Department 777 E. Rialto Avenue

San Bernardino, CA 92415-0760

Upon receipt of the formal Protest, the Purchasing Agent, or his/her designee, will attempt to resolve the Protest. A Protest shall be disallowed when, in the judgment of the Purchasing Agent it has been submitted:

(1) as a delay tactic; (2) for the purpose of posturing the Proposer advantageously for future procurement;

(3) in a form that deviates from the one prescribed; (4) without adequate factual basis or merit; or (5) in an untimely manner.

The Purchasing Agent shall make a decision concerning the appeal, and notify the Proposer submitting the Protest, within a reasonable timeframe prior to the tentatively scheduled date for awarding the Contract. The decision of the Purchasing Agent shall be deemed final.

Alternatively, at the Purchasing Agent’s discretion, an Appeal Panel consisting of five (5) members appointed by the Purchasing Agent shall hear the Protest. The Proposer will be provided reasonable notice of the time, date and location of the hearing. In the event that a protesting Proposer does not appear at the Protest hearing as scheduled, the Protest will be disallowed.

The hearing is informal, in that it is not subject to the strict rules of evidence or procedure, and live witnesses, if any, will not be sworn. All relevant evidence is admissible, including hearsay. It will be up to the Appeal Panel members to consider the credibility of the evidence and the weight to give it.

The Panel will determine by at least three (3) affirmative votes: 1) whether the Protest was submitted timely;

2) whether the Protest is based on at least one of the three designated grounds identified above; and 3) whether the grounds on which the Protest are based have been substantiated.

If any of the grounds are determined to be valid, the Panel will also decide if the valid portion of the Protest has so tainted the RFQ process that it is unfair to the Proposer or whether the valid grounds for the Protest are in the nature of harmless error and that the RFQ process was fair to the Proposer. The Panel will not re-evaluate the Proposals.

The Purchasing Agent shall notify the Proposer making the Protest of the decision, within a reasonable timeframe prior to the tentatively scheduled date for awarding the Contract. The decision of the Appeal Panel shall be deemed final. If the Contract must be approved by the Board, after receiving a decision from the Purchasing Agent or Appeal Panel, the Proposer may then present its Protest to the Clerk of the Board of Supervisors for the Board’s review and decision. The Proposer must file its written Protest with the Clerk of the Board or provide a verbal Protest (typically limited to three minutes) prior to the Board making a decision on the Contract. Any decision of the Board shall be deemed final.

A Proposer protesting the results of any of the processes described herein must follow the procedures set forth. By submitting a “Letter of Intent to Protest”, the Proposer has agreed that the protest procedures herein shall precede any action in a judicial or quasi-judicial tribunal regarding this Proposal. Protests that do not follow these procedures shall not be considered. The protest procedures constitute the sole administrative remedy available to the Proposer under this RFQ. Upon exhaustion of this remedy no additional recourse is available.

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IX. TERMS AND CONDITIONS

The selected Proposer will be required to enter into a formal Contract with the County. This RFQ sets forth some of the general provisions which will be included in the final Contract. In submitting a response to this RFQ, Proposer will be deemed to have agreed to each clause unless the Proposal identifies an objection and County agrees to a change of language in writing. All objections to any Terms and Conditions must be listed on Attachment G – Exceptions to RFQ, or any exception thereto shall be waived.

A. General

1. Contract Amendments Contractor agrees any alterations, variations, modifications, or waivers of the provisions of the Contract, shall be valid only when reduced to writing, executed and attached to the original Contract and approved by the person(s) authorized to do so on behalf of Contractor and County.

2. Contract Assignability Without the prior written consent of the County, the Contract is not assignable by Contractor either in whole or in part.

3. Contract Exclusivity This is not an exclusive Contract. The County reserves the right to enter into a Contract with other Contractors for the same or similar Services. The County does not guarantee or represent that the Contractor will be permitted to perform any minimum amount of work, or receive compensation other than on a per order basis, under the terms of this Contract.

4. Attorney Fees and Costs If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorneys’ fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorney fees directly arising from a third-party legal action against a party hereto and payable under the Indemnification and Insurance Requirements.

5. Background Checks for Contractor Personnel Contractor shall ensure that its personnel (a) are authorized to work in the jurisdiction in which they are assigned to perform Services; (b) do not use legal or illegal substances in any manner which will impact their ability to provide Services to the County; and (c) are not otherwise disqualified from performing the Services under applicable law. If requested by the County and not in violation of applicable law, Contractor shall conduct a background check, at Contractor’s sole expense, on all its personnel providing. If requested by the County, Contractor shall provide the results of the background check of each individual to verify that the individual meets Contractor’s standards for employment. Such background check shall be in the form generally used by Contractor in its initial hiring of employees or contracting for contractors or, as applicable, during the employment-screening process but must, at a minimum, have been performed within the preceding 12-month period.

Contractor personnel who do not meet the County’s hiring criteria, in County’s sole discretion, shall not be assigned to work on County property or Services, and County shall have the right, at its sole option, to refuse access to any Contract personnel to any County facility.

6. Change of Address Contractor shall notify the County in writing of any change in mailing address within ten (10) business days of the change.

7. Choice of Law This Contract shall be governed by and construed according to the laws of the State of California.

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8. Compliance with County Policy In performing the Services and while at any County facilities, Contractor personnel (including subcontractors) shall (a) conduct themselves in a businesslike manner; (b) comply with the policies, procedures, and rules of the County regarding health and safety, and personal, professional and ethical conduct; (c) comply with the finance, accounting, banking, Internet, security, and/or other applicable standards, policies, practices, processes, procedures, and controls of the County; and (d) abide by all laws applicable to the County facilities and the provision of the Services, and all additions and modifications to each of subsections (b), (c), and (d) (collectively, “County Policies”).