2._24BDM001_Bid_Package.pdf

STATE OF CALIFORNIA DEPARTMENT OF VETERANS AFFAIRS

INSTRUCTION TO BIDDERS

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DOCUMENT 00 21 00

1. GENERAL

1.1. Bidder shall examine these instructions carefully and be responsive to conditions with which must be complied with prior to bid.

1.2. Bidders shall be aware of the requirements of codes referenced in the Bidding Requirements and in the Contract Documents. Bidders may access codes included in California law through publications or through the Internet. The web site for California law is: http://leginfo.legislature.ca.gov/faces/codes.xhtml.

2. COMPETENCE OF BIDDERS

2.1 License:

.1 Bidder may only bid on work for which Bidder is properly licensed by the Contractors' State License Board.

.2 Joint venture Bidders must possess a joint venture license. Each party to a joint venture shall be properly licensed for the Work of this Project.

2.2. Prior Disqualification: Public Contract Code Section 10162 provides that a bid may be rejected on the basis of a Bidder, any officer of such Bidder, or any employee of such Bidder who has a proprietary interest in such Bidder, having been disqualified, removed or otherwise prevented from bidding on., or completing a Federal, State or Local project because of a violation of a law or a safety regulation.

If the answer to the questionnaire included in the Bid Form is "yes" the Department will review the circumstances presented and if the Director deems acceptance of the bid is not in the best interest of the State, bid may be rejected.

2.3. Employment of Undocumented Immigrants: Pursuant to Section 6101 of the Public Contract Code, the State may not award a public works contract to a bidder or contractor, nor shall a bidder or contractor be eligible to bid for or receive a public works contract, who has, in the preceding five years, been convicted of violating a state or federal law respecting the employment of undocumented immigrants.

2.4. Contractor Registration:

.1 Pursuant to Sections 1725.5 and 1771.1 of the Labor Code, all contractors and subcontractors must be currently registered with the Department of Industrial Relations in order to qualify 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.

.2 Limited exceptions for Joint Venture Bidders and Projects with Federal Funds may apply pursuant to Section 1771.1 of the Labor Code.

2.5. Ineligible Subcontractors: Pursuant to Section 1777.1 or 1777.7 of the Labor Code, a contractor is prohibited from bidding on, being awarded or performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project Refer to the General Conditions of the Contract for Construction, Article 4.1.3.

2.6. Asbestos Abatement Certification: If Contractor performs the asbestos abatement work: Contractor must be certified for asbestos abatement work by the Contractors’ State License Board. If Contractor subcontracts the asbestos abatement work, Contractor need to not be certified for asbestos abatement, but the subcontractor must be certified by the Contractor’s State License Board.

http://leginfo.legislature.ca.gov/faces/codes.xhtml

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2.7. Hazardous Substance Removal Certification: If Contractor performs the hazardous substance removal work or remedial action; Contractor must be certified for hazardous substance removal work by the Contractor’s State License Board. If Contractor subcontracts the hazardous substance removal work or remedial action, Contractor need not be certified for hazardous substance removal, but the subcontractor must be certified by the Contractor’s State License Board.

3. EXAMINATION OF BID DOCUMENTS AND SITE

3.1. Bidder’s Responsibility:

.1 Bidder shall carefully examine the Work site, Drawing, and Specifications.

.2 By submitting a bid, Bidder acknowledges that the Bidder understands the character, quality and quantity of surface, locations of utilities, subsurface materials, or obstacles to be encountered; insofar this information is reasonably ascertainable from inspection of the Work site, Drawings, and Specifications.

.3 Bidder’s examinations shall include all exploratory work done by the State, as well as information presented in the Drawing, Specifications, and other documents as available.

3.2. Refer to Document 00 11 00, Invitation to Bid, for availability of bidding documents.

3.3. Failure by Bidder to acquaint itself with available information will not relieve Bidder from responsibility for estimating properly the difficulty or cost of successfully performing the Work.

3.4. In connection with the foregoing, Bidder’s attention is invited to Paragraphs 3.1 and 9.1 of Document 00 72 00, General Conditions of the Contract for Construction.

4. DISCREPANCIES, CONFLICTS, OMISSIONS, OR ERRORS

4.1. If discrepancies, conflicts, omissions or errors are found in the Drawings and the Project Manual prior to the date of bid opening, Bidder shall request clarification from the State’s Representative identified in the Project Manual. Bidder shall submit request on Request for Bidding Interpretation Form, Appendix 00 21 00.1.

4.2. Clarifications will be given only in the form of Addenda to all Bidders.

4.3. If no Addenda are issued related to supposed discrepancy, conflict, omissions or errors in figuring the Work, Bidders shall consider that discrepancies, conflicts, or omission between Drawings and Specifications shall be governed by Paragraph 1.5 of Document 00 72 00, General Conditions of the Contract for Construction.

4.4. Omission of an item in either the Specification or Drawings does not create a discrepancy or conflict.

5. BIDDING DOCUMENTS

5.1. Bid Form: All Bids must be on the forms provided by the California Department of Veterans Affairs. Bid not on the forms provided will be considered nonresponsive.

5.2. Completing the Bid Form:

.1 Bidder’s name should be the same as listed on Bidder’s license.

.2 Price(s) shall be in the manner required by the Bid Form.

.3 Bid Form shall be signed by Bidder or duly authorized representative.

1) If Bidder is an individual, name must be shown.

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2) If Bidder is a partnership, name of the partnership must be shown and one or more partners shall sign the Bid Form.

3) If Bidder is a corporation, name of the corporation must be shown, the state of incorporation must be listed, the title of the signor must be shown, and the corporate seal must be used.

4) Bidder business and mailing address should be shown.

5.3. Required Listing of Proposed Subcontractors:

.1 Failure to list kind of Work, Name, or Location shall cause the bid to be rejected as nonresponsive.

.2 Bidders’ attention is directed to other provisions of the Subletting and Subcontracting Fair Practices Act, beginning with Public Contract Code Section 4100, related to penalties for failure to comply with the Act by using unauthorized subcontractors or by making unauthorized substitutions. See General Conditions of the Contract for Construction, Paragraph 1.1, for definition of Subcontractor, and Article 4 for further reference to subcontractors.

.3 Bidder’s attention is directed to Labor Code Section 1771.1, relating to inadvertent errors in the listing of subcontractors not currently registered with the Department of Industrial Relations.

5.4. Bidders Security:

.1 All bids shall be accompanied by the following forms of bidder’s security: Bidder’s Bond, cashier’s check, certified check or cash. Bidder’s Bond shall be executed by an admitted surety insurer, authorized to issue surety bonds in the State of California. Bond and checks shall be made payable to the director of the California Department of Veterans Affairs. The security shall be in an amount equal to at least 10 percent of the amount bid. A bid shall not be considered responsive unless one of the forms of bidder’s security is enclosed with it.

.2 If Bidder’s security is a Bidder’s Bond, it must be executed on the form attached to the Bid Form.

5.5. Small Business:

.1 A five percent (5%) small business preference will be granted to Bidders certified as “Small Business” in accordance with Section 1896 et. Seq., Title 2, California Code of Regulations.

.2 If the Bidder is not already a Certified Small Business, applications for certification as “Small Business” must be submitted to the Office of Small Business and DVBE Certification (OSDS), 707 3rd Street, First Floor, Suite 1-400, West Sacramento, CA 95605; website: https://www.dgs.ca.gov/PD-OSDS. Firms can apply for small business certification online at https://www.dgs.ca.gov/PD/Services/Page- Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled- Veteran-Business-Enterprise.

.3 Submit a copy of your OSDS certification letter with the Bid Form.

.4 Pursuant to Section 1896.14, in order to receive the small business preference, bidders must have a completed application (including proof of annual receipts) on file with the OSDS. The bidder must meet all applicable requirements under the subchapter and the State Small Business Procurement and Contract Act, (including but not limited to evidence to rebut presumptions) not later than five o’clock (5:00 p.m.) on the date on which the subject bid is opened.

5.6. Non-Small Business:

.1 The application of the five percent (5%) small business bidding preference is extended to a bidder, whose business is not certified as a small business but commits to subcontracting at least twenty-five percent (25%) of its net bid price to businesses that are California certified small businesses and/or microbusinesses.

https://www.dgs.ca.gov/PD-OSDS https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise

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When applicable, this preference will be granted when the non-small business:

• Has been determined to be a responsible bidder and submitted a timely responsive bid.

• Completes Document 00 43 16-2 list of California Certified Small Businesses that they commit to subcontract with for a commercially useful function in the performance of the project and submits this document no later than forty-eight (48) hours after the time of receipt of bids. Ascertain that the Bidder’s Name and project Work Order number are noted. If bidder fails to submit a properly completed Document 00 43 16-2 within 48 hours after the time of receipt of bids, the claim for non-small business preference will be denied.

Submit completed Document 00 43 16-2 to the California Department of Veterans Affairs, Facilities and Business Services Division, Central Business Office, 1227 O Street, Room 100, Sacramento, CA 95814.

6. SUBMISSION OF BID FORMS

6.1. It is the sole responsibility of the Bidder to see that its bid is received in proper time. Bid received after scheduled closing time for receipts of bids will be returned to Bidder unopened.

6.2. Bid Forms shall be submitted under sealed cover, plainly identified as a bid for the work of the Project being bid upon and addressed as directed in the Invitation to Bid and the Bid Form. Failure to do so may result in a premature opening of, or failure to open such bid. Bid Forms improperly marked may be disregarded.

Bidders are requested to complete and return the State’s Payee Data Record from, Std.204, included with the Bid Forms. The Payee Data Record form is required in lieu of IRS W-9 when doing business with the State of California, and will be used by the State to prepare tax information returns as stated on the form.

.1 Completion and submission of the form with the Bid Forms will expedite processing of the Award of Contract.

.2 Failure to submit the completed form with the Bid will not be cause for rejection of a Bid.

.3 Forms of all Bidders will be kept on file by the State for use in future awarded Contracts.

.4 Bidders who have a completed and current Payee Data Record form on file with the California Department of Veterans Affairs, Contracts Section, may so state on the form and will not be required to submit a duplicate form.

.5 The form is subject to Section 7(b) of the Privacy Act of 1974 (Public Law 93-5791). Refer to the Privacy Statement on the back of the form.

7. WITHDRAWAL OF BID FORMS

7.1. Bids may be withdrawn prior to the time fixed in the public notice for opening bids, provided that a request in writing, executed by Bidder or Bidder’s authorized representative, for withdrawal of such bid is filed with the Administrative Services Branch, Facilities and Business Services Division, Contract Section, or the Secretary of the Department of Veterans Affairs, or designee, at the location of the bid opening. Oral, facsimile, electronic, telegraphic, or telephonic request to withdraw the Bid Form is not acceptable. Withdrawal of a bid shall not prejudice the right of a Bidder to file a new bid.

7.2. This article does not authorize withdrawal of any bid after the time fixed in the Invitation to Bid for opening of bids.

8. NOT USED

9. REJECTION OF IRREGULAR BIDS

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9.1. Bids may be rejected if they show any alteration of form, additions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind. If bid amount is changed after the amount is originally inserted, the change must be initialed.

9.2. When Bid Form is signed by an agent, other than the officer or officers of a corporation authorized to sign contracts on its behalf, or are signed by an agent other than a partner of a partnership, or by an agent for an individual, a power of attorney must be on file with the California Department of Veterans Affairs prior to opening bids or shall be submitted with the Bid Form; otherwise the bid will be rejected as irregular and unauthorized.

10. COMPETITIVE BIDDING

10.1. If more than one Bid Form is offered by an individual, firm, partnership, corporation, association, or any combination thereof, under the same or different names, all such Bid Forms may be rejected. A party who has quoted prices on materials or work to a Bidder is not thereby disqualified from quoting prices to other Bidders, or from submitting a bid directly for materials or work.

10.2. Bidders are put on notice that any collusive agreement fixing the prices to be bid so as to control or affect awarding of the Contract is in violation of competitive bidding requirements of the State Contract Act and may render void any Contract let under such circumstances.

11. AWARD OF CONTRACT

11.1. The right is reserved to reject any and all bids and waive any irregularity in any bid received.

11.2. Award of the Contract, if awarded, will be to the lowest responsible Bidder whose Bid Form complies with all requirements prescribed.

.1 Such Award, if made, will be made within 45 days after opening of bids.

.2 If lowest responsible Bidder refuses or fails to execute the Contract, the Secretary of the California Department of Veterans Affairs may award the Contract to the second lowest responsible Bidder. Such award, if made, will be made within 60 days after opening of bids.

.3 If second lowest responsible Bidder refuses or fails to execute the Contract, the Secretary of the California Department of Veterans Affairs may award the Contract to the third lowest responsible Bidder. Such award, if made, will be made within 60 days after opening of bids.

11.3. The above time periods within which award of Contract may be made are subject to extension of such further period as may be agreed upon in writing between the California Department of Veterans Affairs and the Bidder concerned.

11.4. When Project segregated into more than one prime Contract, and a Bidder upon one of the prime Contracts fail or refuses to execute the Contract, then the time for award of such Contract will be extended as provided by this Article, and the time for award of each of the other segregated prime Contracts will be extended by an equivalent length of time, if required.

12. SUBSTITUTION OF ALTERNATIVE MATERIALS, ARTICLES, OR EQUIPMENT

12.1. Pursuant to Public Contract Code Section 3400, alternative material(s), articles(s), or equipment that are of equal quality and of required characteristics for the purpose intended may be proposed during the bidding period; for use in the Work, provided the Bidder complies with the following requirements:

.1 Proposals for alternative material(s), article(s), or equipment, requested during the bidding period, shall be submitted in writing, not later than the deadline date and time identified on the Request for Bidding Interpretation (RFBI), Appendix 00 21 00.1.

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.2 The proposal will not be considered unless the submittal is accompanied by complete information and descriptive data necessary to determine equality of offered material(s), article(s) or equipment. Samples shall be provided when requested by the State. Burden of proof as to comparative quality, suitability, and performance of offered material(s), article(s), or equipment shall be upon the Bidder submitting the proposal. The State will be the sole judge as to such matter. In the event the State rejects the use of such alternative(s) submitted, then one of the particular products originally specified in the Contract Documents shall be furnished.

.3 Refer to the General Conditions of the Contract for Construction, Clauses 2.2.7 and 3.12.10, for substitution requests after Contract Award.

13. RETURN OF BIDDER’S SECURITY

13.1. Within 10 days after the award of the Contract, the Department of Veterans Affairs will return all Bidder’s security, other than Bidder’s Bonds, accompanying the Bid Forms that are not to be fully considered in making the award.

13.2. Retained Bidder’s security will be held until the Contract has been fully executed; after which all Bidder’s security, except Bidder’s Bonds, will be returned.

14. CONTRACT BONDS

Contractor will be required to furnish in duplicate the Performance Bond and Payment Bond required by the State Contract Act, each in the amount of 100 percent of the Contract amount; as set forth in Paragraph 11.3 of Document 00 72 00, General Conditions of the Contract for Construction.

15. INSURANCE

Contractor will be required to furnish to the State, concurrently with execution of the Contract, a certificate of insurance coverage as required by Paragraph 11.1 of Document 00 72 00, General Conditions of the Contract for Construction.

16. EXECUTION OF CONTRACT

16.1. Contract shall be signed by successful Bidder and returned within seven (7) days of receipt. The Contract shall not be binding upon the State until it is executed by the Contractor and the State. Contract Documents required for execution of the Contract consist of the following:

.1 Agreement, Document 00 52 00.

.2 Contract Bonds.

.3 Certificate of Insurance.

.4 Signed set of Drawings and Project Manual for filing with the Contract.

16.2. Should Contractor begin work in advance of receiving notice that the Contract has been approved, any work performed in advance of the date of approval shall be considered as having been done at risk as a volunteer.

In no event shall Contractor commence work until Contractor has received notification from the State that the certificate of insurance has been approved.

17. FAILURE TO EXECUTE CONTRACT

Failure to execute Contract within seven (7) days after successful Bidder has received Contract for execution may be cause for forfeiture of Bidder’s Security. Failure to provide required bonds and insurance constitutes failure to execute Contract.

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18. PARTICIPATION IN DISABLED VETERANS BUSINESS ENTERPRISES (DVBE) PROGRAM

18.1. Pursuant to Section 10115 et seq. of the Public Contract Code, and Section 999 et seq. of the Military and Veterans Code, the Department of General Services has established an overall goal of not less than 3% participation by Disabled Veterans Business Enterprises (DVBE). However, these DVBE Participation Requirements may be modified for this project; reference Document 00 22 10 of the Project Manual for the percentage requirements.

18.2. Bids will only be accepted from those Bidders that certify that they have achieved the required participation, as outline in Document 00 22 10 of the Project Manual, and as set forth in the Bid Form.

18.3. Applicants for DVBE certification may apply online at https://www.dgs.ca.gov/PD/Services/Page- Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled- Veteran-Business-Enterprise. DVBE applicants must submit specific support documentation to the OSDS.

18.4. Bidder’s attention is directed to the requirements that certification and documentation must be submitted with the bid; otherwise bids will be considered non-responsive.

BIDDERS ARE ADVISED TO COMMENCE THE REQUIRED DVBE PROCEDURES IMMEDIATELY UPON

RECEIPT OF DRAWINGS AND SPECIFICATION, OR NOT LESS THAN THREE (3) WEEKS PRIOR TO

THE BID OPENING, WHICHEVER OCCURS FIRST.

18.5. DVBE INCENTIVE

.1 A DVBE incentive will be granted to Bidders in accordance with Section 999.5(a) and (d) of the Military and Veterans Code and California Code of Regulations 1896.98 et seq.

.2 The DVBE Incentive will be applied during the bid evaluation process and will only be applied to responsive bids from responsive bidders proposing the percentage(s) of DVBE Participation for the DVBE Incentive specified in the solicitation. Any Small Business Preference must be calculated prior to the DVBE Incentive calculation and evaluation.

.3 The incentive will be applied when a Bidder’s DVBE Participation exceeds the 5% DVBE Mandatory participation requirement, in an attempt to displace the apparent low bidder

The DVBE Incentive is as follows:

Confirmed DVBE Participation of: DVBE Incentive Percentage:

5% or over 5%

4% to 4.99% inclusive 4% 3% to 3.99% inclusive 3% 2% to 2.99% inclusive 2% 1% to 1.99% inclusive 1%

.4 The percentage of DVBE Incentive will not exceed 5% and will not exceed $500,000.

.5 For every bidder qualifying for the DVBE incentive, the amount (dollar value) of the incentive is computed using the qualifying bidder’s percentage of DVBE incentive and the lowest responsive and responsible bid price. Calculation to determine adjusted bid price are for consideration only. Bids will be awarded for the actual bid amount as verified by the State.

.6 A certified Small Business may only be displaced by another certified Small Business with a higher percentage of DVBE participation and a lower adjusted bid price.

1) A certified Small Business shall not be displaced by a non-small business.

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise

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2) When applying the DVBE Incentive program, bidders claiming the “Non-Certified Small Business preference” are considered a non-small business.

19. CERTIFICATE OF REPORTED COMPLIANCE – FLEET VEHICLES

19.1. For any project using vehicles subject to the California Air Resources Board In-Use Off-Road Diesel Fueled Fleet Regulations, Section 2449(i), Title 13, California Code of Regulations, prior to the execution of a contract, Contractor shall be required to submit copies of the valid Certificates of Reported Compliance (CRC), issued by the California Air Resources Board. CRCs shall be provided for any fleet used by the Contractor or any listed Subcontractor.

19.2. CRCs are required for any contract involving the operation of self-propelled off-road diesel vehicles 25 horsepower or greater and most two-engine vehicles owned and operated in California, including vehicles that are rented or leased.

19.3. Certificates of Reported Compliance must be retained by the Contractor for three years after the completion of the project.

19.4. If no vehicles subject to the California Air Resources Board In-Use Off-Road Diesel Fueled Fleets Regulation shall be used on a project by the Contractor or any Subcontractor, Contractor shall provide a certification that no vehicles subject to these regulations will be used on the project.

END OF DOCUMENT

BID FORM

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BID FORM

THE STATE OF CALIFORNIA FROM:

DEPARTMENT OF VETERANS AFFAIRS (Name of Bidding Firm)

FACILITIES AND BUSINESS SERVICES DIVISION

DELIVER TO: California Department of Veterans Affairs BEFORE 4:00 P.M., June 5, 2025

Attention: LeJuan Bean Via E-Mail: LeJuan.Bean@calvet.ca.gov

FOR: WATER HEATER REPLACEMENT

DEPARTMENT OF VETERANS AFFAIRS

VETERANS HOME OF CALIFORNIA, BARSTOW

BARSTOW, SAN BERNARDINO COUNTY, CALIFORNIA

BID NUMBER: 24BDM001

Please indicate the subject of e-mail as “Bid Form”, followed by the above project title and Bid Number.

The undersigned hereby proposes and agrees to furnish all labor, materials, and equipment, and to perform all work required for the above-named project in the manner and time prescribed in the Drawings dated June 21, 2024, Project Manual, and such addenda thereto as may be issue prior to bid opening date and in accordance with prevailing wage rates ascertained by the Department of Industrial Relations and set for the DIR website (http://www.dir.ca.gov/oprl/DPreWageDetermination.htm) for General Prevailing Wage Rates as determined by the most current DIR prevailing wage published rates. The Bid Price, set for the below in clear legible figures, includes the cost of Bonds, insurance, sales tax, and every other item of expense, direct or indirect, incidental to the Bid Price.

SCHEDULE OF WORK AND PRICES

WORK ITEM DESCRIPTION ITEM TOTAL IN FIGURES

1.

Performing all work of this Project, for the lump sum of:

COMPLETE WORK: Total of all Work Item 1., for the lump sum of: $_____________________

DETERMINATION OF BID: Determination of amount of bid will be on the basis of total sum of Work Items as verified by the State.

mailto:LeJuan.Bean@calvet.ca.gov http://www.dir.ca.gov/oprl/DPreWageDetermination.htm

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IMPORTANT – READ BEFORE SIGNING: Bid Form must be executed in same name-style in which the bidder is licensed. Bidder bidding jointly or as a combination of several business organizations is specially cautioned that such bidder must be jointly licensed in the same form and style in which the bid is executed. If making a bid as a joint venture, each person submitting the bid shall provide the information required below with respect to his or her licensure. The undersigned Bidder certifies and agrees to provide the information and comply with the requirements contained in the Articles 1 through 10 on the following pages of the Bid Form. By Signing, Bidder swears under penalty of perjury that the conditions of Article2; Article 4, Paragraph 4.2; Article 7 and Article 9, Paragraph 9.2.1 are true.

Legal Name of Bidder: Federal I.D. No.:

Contractor’s License No.: License Expiration Date: License Classification:

Contractor’s Public Works Registration No. (Dept. of Industrial Relations):

Contractor’s DGS Small Business/DVBE Certification Number:

Business Address:

Street and/or P.O. Box) (City) (State) (Zip)

E-Mail Address:

Business Telephone No.:

SIGN HERE

Signature of Bidder

Print Name and Title of Bidder

Executed this day of , 20 at , California.

ARTICLE 1 – BIDDER’S BUSINESS IDENTIFICATION

THIS BID IS SUBMITTED BY (check one):

☐ Individual ☐ Partnership

☐ Joint Venture ☐ Corporation State in which Incorporated

NOTE: If Bidder is a corporation, the State in which incorporated shall be inserted above and the legal name of the corporation shall be set forth on Page 1, together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if Bidder is a partnership, the true name of the firm shall be set forth on Page 1, together with the signature of a partner authorized to sign contract in behalf of the partnership; and if Bidder is an individual, that person’s signature shall be placed on Page 1. If signature is by an agent, other than an officer of a corporation or a member of a partnership, a Power of Attorney must be on file with the Department prior to opening bids or submitted with the bid; otherwise, the bid will be regarded as irregular and unauthorized. If bid is submitted by a partnership or joint venture, the members are:

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ARTICLE 2 – PREFERENCES AND INCENTIVES

2.1 Small Business Preference – By checking “yes” below, Bidder requests preference as a "Small Business" and further certifies under penalty of perjury, that the firm still meets the requirements of Section 1896 et. seq. Title 2, of the California Code of Regulations, and has either: 1) been approved by the Office of Small Business and Disabled Veteran Business Enterprise (DVBE) Services (OSDS) or; 2) submitted a complete application pursuant to Section

1896.14 to the OSDS by 5:00 p.m. on the bid opening date.

The Legal Name of Bidder and the Bidder’s OSDS Certification must be executed in the same name-style in which bidder is licensed. A Bidder bidding jointly or as a combination of several business organizations is specially cautioned that such bidder must be jointly licensed in same form and style in which the bid is executed.

Special attention is directed to Section 1896.16 for penalties for furnishing incorrect supporting information in obtaining preference.

2.1.1 Small Business Preference Claimed? ☐ Yes ☐ No

(List date filed if not yet certified)

2.2 Non-Small Business Subcontractor Preference - By checking “yes” below Bidder requests preference as a Non-Small Business and agrees to complete and submit Document 00 43 16-2 attached hereto, no later than forty-eight (48) hours after the time of receipt of bids (or the following business day if a weekend or state holiday). Special attention is directed to Section 1896.16 for penalties for furnishing incorrect supporting information in obtaining preference.

2.2.1 Non-Small Business Subcontractor Preference Claimed? ☐ Yes ☐ No

2.3 Disabled Veterans Business Enterprise Bid Incentive – By checking “yes” below, Bidder certifies and claims credit for achieving 1% of greater or DVBE Participation on this bid as is shown in Article 9 of this bid form and also requests that the corresponding DVBE Incentive be applied to this bid.

2.3.1 DVBE Incentive Claimed? ☐ Yes ☐ No

ARTICLE 3 – BONDING ASSISTANCE

In the event Bidder has received assistance in obtaining bonding for this project, Bidder shall set forth name and nature of firm providing such assistance. Should that firm be listed as subcontractor, Bidder shall set forth the percentage of contract to be performed by that subcontractor.

Firm Providing Assistance and Nature of Assistance

Subcontractor: ☐ Yes ☐ No Percentage: _________________

ARTICLE 4 – CERTIFICATIONS – BID DEPOSITORY AND FEDERAL COURT FINDINGS

4.1 By signing this Bid Form, Bidder certifies that in preparation of this Bid Form, no bid was received by the bidder from a bid depository, which depository (as to any portion of the work) prohibits or imposes sanctions for the obtaining by bidder, or the submission to bidder by any subcontractor or vendor or supplier of goods and services, of a bid outside the bid depository. This certification shall constitute a warranty, the falsity of which shall entitle the State to pursue any remedy authorized by law, and shall include the right, at the option of the State, of declaring any contract made as a result thereof to be void.

4.2 By signing this Bid Form, Bidder swears under penalty of perjury that representations of the bid with respect to bidder’s license are true and that no more than one final un-appealable finding of contempt of court by a Federal Court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor’s

CalVet: December 2024 00 41 00 - 4 - Project Number: CA21-0235 failure to comply with an order of a Federal Court which orders the Contractor to comply with an order of the National Labor Relations Board.

4.3 By signing this Bid Form, Bidder acknowledges that in accordance with the provisions of Section 3700 of the Labor Code, every contractor will be required to secure the payment of compensation to his employees. The Bidder agrees that they are aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provision of that code, and will comply with such provision before commencing the performance of the work of this contract.

4.4 By signing this Bid Form, Bidder certifies they will not ask an applicant for onsite construction-related employment to disclose orally or in writing information concerning the conviction history of the applicant on or at the time of an initial employment application.

This section shall not apply to a position for which the person or the state is otherwise required by state or federal law to conduct a conviction history background check or to any contract position with a criminal justice agency, as that term is defined in Section 13101 of the Penal Code.

This Section shall not apply to a person to the extent that he or she obtains workers from a hiring hall pursuant to a bona fide collective bargaining agreement.

ARTICLE 5 – STATEMENT OF COMPLIANCE – NONDISCRIMINATION

Bidder (hereinafter referred to as “prospective contractor” in this Statement), by signing this Bid Form, hereby certifies, unless specially exempted, compliance with Government Code Section 12990 (a-f), and CCR, Title 2, Division 4, Chapter 5, Section 8103, in matter relating to reporting requirement and the development, implementation and maintenance of a Nondiscrimination Program; as set forth in the General Conditions of the Contract for Construction.

Prospective contractor agree not to unlawfully discriminate, harass or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), medical disability (including cancer), age (over 40), marital status, and denial of family care leave.

ARTICLE 6 – QUESTIONNAIRE

6.1 In accordance with Public Contract Code, Section 10162, the Bidder shall complete the following questionnaire:

6.1.1 Has the Bidder, any officer of the Bidder, or any employee of the Bidder who has a proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a Federal, State or Local government project because of a violation of law or a safety regulation?

☐ Yes ☐ No

6.1.2 Has the Bidder, any officer of the Bidder, or any employee of the Bidder who has a proprietary interest in the Bidder, ever received a safety violation or failed to file notifications to the Cal-OSHA, Federal OSHA, or EPA Agencies for employee records as required by CCR, Title 8, Section 5208 and CFR 40, Part 61?

☐ Yes ☐ No

If the answer to either 6.1.1 or 6.1.2 above is “Yes”, then give the date(s) of the citation(s) or failure to make notifications, and explain the circumstances by attachment to this Bid Form.

ARTICLE 7 – NON-COLLUSION DECLATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID

By signing this Bid Form, Bidder, being first duly sworn, deposes and says that he or she is the authorized representative of the Bidder, the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and is not collusive or sham: that the Bidder has not directly or indirectly induced or solicited any other Bidder or anyone else to

CalVet: December 2024 00 41 00 - 5 - Project Number: CA21-0235 put in a sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the bid price, or that of any other Bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

ARTICLE 8 – ADDENDA

In submitting this bid, Bidder represents that Bidder has examined copies of all the Contract Documents and acknowledges receipt of the following addenda:

Addendum No.: __________ Date: __________ Addendum No.: __________ Date: __________

Addendum No.: __________ Date: __________ Addendum No.: __________ Date: __________

Addendum No.: __________ Date: __________ Addendum No.: __________ Date: __________

Failure to acknowledge on the Bid Form receipt of an addendum shall not in itself be cause for withdrawal or rejection of bids, if it can be shown that bidder did, in fact, receive such addendum prior to bid opening.

ARTICLE 9 – DVBE COMPLIANCE & PARTICIPATION SUMMARY

9.1 In accordance with Public Contract Code Section 10115, et seq., the Department of General Services has established criteria to implement the DVBE Program Goal as set forth in Document 00 22 10 of the Project Manual.

Document 00 22 10, DVBE PARTICIPATION PROGRAM REQUIREMENTS cites the specific percentage of DVBE Participation required for this contract.

If DVBE Participation is a requirement for this bid, Bidder must complete Article 9.2.1 - DVBE PARTICIPATION SUMMARY. Failure to meet the full percentage of required DVBE participation will cause the bid to be deemed non-responsive and the bid will be rejected by the State. Listed DVBE vendor or subcontractor relationships should be first tier.

Any DVBE person, firm, corporation or organization committed by the bidder to fulfill DVBE Participation must: 1) be certified with the OSDS, and; 2) perform or provide a Commercially Useful Function as defined in Military and Veterans Code Section 999. Failure to comply with these requirements will deem the bid non-responsive and the bid will be rejected by the State.

If DVBE participation is set at zero percent, Bidder may still claim DVBE Incentive for voluntary DVBE Participation of 1% or greater. To have DVBE Incentive applied to this bid, Bidder must claim the Incentive in ARTICLE 2.3 - PREFERENCES & INCENTIVES and complete ARTICLE 9.2 - DVBE PARTICIPATION SUMMARY of the Bid Form.

If any DVBE subcontractor will be performing work in excess of 1/2 of 1% of the bid amount, the subcontractor MUST be listed under ARTICLE 9.2.1 - DVBE PARTICIPATION SUMMARY AND ARTICLE 10 - LIST OF SUBCONTRACTORS in accordance with Public Contract Code Section 4100, et. seq.

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9.2 DVBE PARTICIPATION SUMMARY NAME OF BIDDER: ___________________________________

Completion Instructions: Capture all required and non-required first tier DVBE Participation in the space below. Identify the proposed work (services, trade or materials) to be completed by the DVBE. List the Company name, contact information, OSDS Certification Number, and the DIR Registration Number. If the Bidder is a DVBE, list only the Bidder’s Information as 100%; do not list additional subcontractors. Indicate the dollar amount of the work to be performed by each DVBE company and the corresponding percentage of this bid price to two decimals. Add up each Dollar Amount and identify the total on the bottom row marked, TOTAL DVBE PARTICIPATION. Calculate and list the percentage of the bid price this amount represents.

Pursuant to Military and Veterans Code §999.7, the awarding department shall withhold, on a contract entered into on or after January 1, 2021, ten thousand dollars ($10,000) from the final payment, or the full final payment if less than ten thousand dollars ($10,000), until a prime contractor complies with the certification requirements of subdivision (d) of Section Military and Veterans Code §999.5. A prime contractor that fails to comply with the certification requirement shall, after notice, be allowed to cure the defect. Notwithstanding any other law, if, after the least 15 calendar days but not more than 30 calendar days from the date of notice, the prime contractor refuses to comply with the certification requirements, the awarding department shall permanently deduct ten thousand ($10,000) from the final payment, or the full payment if less than ten thousand ($10,000).

9.2.1 Listed hereinafter is the certified DVBE company(s) proposed to perform work if the contract is awarded to Bidder:

TYPE OF WORK

PERFORMED

(Services, Trade or Materials)

NAME OF DVBE COMPANY, CONTACT

PERSON AND PHONE NUMBER

OSDS

CERTIFICATION

NUMBER

DIR

REGISTRATION

NUMBER

DOLLAR AMOUNT OF

WORK PERFORMED

PERCENTAGE OF

BID PRICE

TOTAL DVBE PARTICIPATION:

DETERMINATION OF TOTAL DVBE PARTICIPATION: Determination of total DVBE participation will be on the basis of total sum of all listed DVBE above and as verified by the State. When there is a discrepancy between the Dollar Amount and the Percentage of Bid, the higher of the two will prevail.

CalVet: December 2024 00 41 00 - 7 - Project Number: CA21-0235

ARTICLE 10 – LIST OF PROPOSED SUBCONTRACTORS NAME OF BIDDER: __________________________________

Listed hereinafter are the name, location, license number, and registration number of all subcontractors who will be employed and the kind of work which each will perform if the contract is awarded to the undersigned. I understand that under Public Contract Code Section 4100, et. seq., I must here clearly set forth the name and location of each subcontractor who will perform work or labor or render service to me in or about the construction of the work in an amount in excess of one-half of one percent (1/2 of 1%), of my total bid, and that as to any work in which I fail to do so, I agree to perform that portion myself or be subject to penalty under the act. (NOTE: In case more than one subcontractor is named for the same kind of work, state the portion that each will perform.) I also understand that listed subcontractors must be registered with the Department of Industrial Relations in order to be listed for and to engage in the performance of work on Public Works projects. Notwithstanding General Conditions Paragraph 1.1, the definition of a SUBCONTRACTOR for the purposes of the Subletting and Subcontracting law is as follows: A trade Contractor who is licensed with the Contractors’ State License Board with an A, B, C, or D classification, as defined pursuant to PCC Section 4113.

• Vendors or suppliers of materials only need not be listed.

• Any DVBE subcontractor performing work in excess of ½ of 1% of the bid amount MUST be listed below AND under ARTICLE 9.2.1 – DVBE

PARTICIPATION SUMMARY.

• Class “C-20” – Warm-Air Heating, Ventilating and Air-Conditioning subcontractors must contract directly with the prime contractor, and must be first tier subcontractors. If a Class “C-20” – Plumbing subcontract is for more than ½ of 1% of the total bid, it must be listed below.

Failure to list Kind of Work, Name, Location or License Number shall cause the bid to be rejected as non-responsive.

Kind of Work Name Location (City) CSLB License No. DIR Registration No.

If further space is required below, copy this page and attached hereto to be made a part of the Bid Form. Sub List Page _____ of _____.

CalVet: December 2024 00 41 00 - 8 - Project Number: CA21-0235

ARTICLE 11 – CERTIFICATE OF REPORTED COMPLIANCE (CRC) – FLEET VEHICLES

For all companies subject to Section 2449(n) in Title 12 of California’s Code of Regulations (e.g. those with off-road diesel equipment sized 25HP and above, with limited exceptions), Certificates of Reported Compliance must be received by [insert Prime Contractor name here] for the fleet selected for the contract and their listed subcontractors, if applicable, prior to entering into a new or renewed contract. In addition, renewed and valid certificates must be provided between March 1 and June 1 for ongoing contracts. Please list applicable fleets covered below and attach valid certificates to your bio:

Company (Fleet Owner) Scope

CalVet: December 2024 00 41 00 - 9 - Project Number: CA21-0235

CALIFORNIA CIVIL RIGHTS LAWS ATTACHMENT

Pursuant to Public Contract Code section 2010, a person that submits a bid or proposal to, or otherwise proposes to enter into or renew a contract with, a state agency with respect to any contract in the amount of $100,000 or above shall certify, under penalty of perjury, at the time the bid or proposal is submitted or the contract is renewed, all of the following:

1. CALIFORNIA CIVIL RIGHTS LAWS: For contracts executed or renewed after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code) and the Fair Employment and Housing Act (Section 12960 of the Government Code); and

2. EMPLOYER DISCRIMINATORY POLICIES: For contracts executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the Fair Employment and Housing Act (Section 12960 of the Government Code).

CERTIFICATION

I, the official named below, certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Proposer/Bidder Firm Name (Printed) Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

Executed in the County of Executed in the State of

Date Executed

CalVet: December 2024 00 41 00 - 10 - Project Number: CA21-0235

NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID

The undersigned declares:

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

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

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

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on (date) at

___________ (city), ______ (state).

Signed

END OF DOCUMENT

BIDDER DECLARATION

1. Prime bidder information (Review attached Bidder Declaration Instructions prior to completion of this form):

a. Identify current California certification(s) (MB, SB, NVSA, DVBE): ____________ or None ____ (If “None”, go to Item #2)

b. Will subcontractors be used for this contract? Yes ___ No ___ (If yes, indicate the distinct element of work your firm will perform in this contract e.g., list the proposed products produced by your firm, state if your firm owns the transportation vehicles that will deliver the products to the State, identify which solicited services your firm will perform, etc.). Use additional sheets, as necessary.

c. If you are a California certified DVBE: (1) Are you a broker or agent? Yes ___ No ___

(2) If the contract includes equipment rental, does your company own at least 51% of the equipment provided in this contract (quantity and value)? Yes ___ No ___ N/A ___

2. If no subcontractors will be used, skip to certification…