24-0116-IFB.pdf

CALIFORNIA DEPARTMENT OF JUSTICE

Office of the Attorney General Division of Operations Contracts and Purchasing Unit 1300 I Street, Suite 820 Sacramento, California 95814

Wednesday, August 14, 2024

Invitation for Bid Number 24-0116-IFB

Notice to Prospective Bidders

The California Department of Justice (DOJ) invites prospective bidders to review and respond to the attached Invitation for Bid (IFB) Number 24-0116-IFB entitled, “DOJ – Division of Law Enforcement– Air Handler Equipment Replacement”. When preparing and submitting a bid, compliance with the instructions found herein is imperative.

All Agreements entered into with the State of California shall include, by reference, General Terms and Conditions (GTC 04/2017) that may be viewed and downloaded at the following site:

https://www.dgs.ca.gov/OLS/Resources. If any prospective bidder lacks Internet access, a hard copy of these items can be obtained by contacting Mai Vang at Mai.Vang@doj.ca.gov or 916-210- 6572.

If a discrepancy occurs between the information in the advertisement appearing in the California Department of General Services, Cal eProcure website and the information herein, the information in this notice and in the attached IFB shall take precedence.

I. Bid Due Date

Regardless of postmark or method of delivery, the California Department of Justice, Contracts and Purchasing Unit must receive bid packages no later than 3:00 PM PST Time on Wednesday, September 4, 2024. For detailed submission instructions, see section EE of this IFB, entitled “Submission of Bids”.

II. Disabled Veteran Business Enterprise (DVBE) Participation Requirements

The DVBE participation requirement has been waived for this solicitation. Bidders who provide DVBE participation are eligible to receive a DVBE Incentive. For more information regarding this option, see Section HH of this IFB, entitled “Preference and Incentive Programs”. If you have questions, please contact the DOJ, SB/DVBE Advocate at Advocate@doj.ca.gov or (916) 210-6531.

If you go above the requirement and subcontract for 3.25 % or more of the total dollar amount of the agreement resulting from this IFB, you may be eligible to receive a DVBE Incentive. For more information regarding this option, see section HH of this IFB, entitled “Preference and Incentive Programs”.

https://www.dgs.ca.gov/OLS/Resources mailto:Mai.Vang@doj.ca.gov mailto:Advocate@doj.ca.gov

Prospective Bidders

III. Funding Limit

The proposed Agreement is valid and enforceable only if sufficient funds are made available by the Budget Act of the appropriate fiscal year for the purpose(s) of the Agreement.

In addition, the proposed Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Legislature, which may affect the provisions, terms, or funding of the Agreement in any manner. If full funding does not become available, the DOJ will either cancel the resulting Agreement or amend it to reflect reduced funding and reduced activities.

IV. Bidder Questions

In the opinion of the DOJ, this Invitation for Bid is complete and without need of explanation.

However, if questions arise or there is a need to obtain clarifying information, put all inquiries in writing and route them to the DOJ following the instructions set forth in section D of this IFB, entitled “Bidder Questions”.

V. Executive Order N-6-22 Economic Sanctions Against Russia

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals.

“Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under State law. The EO directs State agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities that shall be grounds for termination of the Agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

Thank you for your interest in the service needs of the California Department of Justice.

Sincerely, Mai Vang Associate Governmental Program Analyst

Enclosures

Invitation for Bid 24-0116-IFB

DOJ – Division of Law Enforcement – Air Handler Equipment Replacement

California Department of Justice

Division of Operations Contracts and Purchasing Unit

1300 I Street, Suite 820 Sacramento, California 95814

DOJ – Division of Law Enforcement Air Handler Equipment Replacement 24-0116-IFB

Page i

Table of Contents

A. Purpose and Description of Services B. Time Schedule C. Agreement Term D. Bidder Questions

1. What to include in an inquiry

2. Question deadline

3. How to submit questions

4. Verbal questions

E. Mandatory Pre-Bid Site Inspection (Walk Through) F. License/Permits/Insurance Papers G. Employment of Apprentices H. Prohibition of Delinquent Taxpayers I. Statement of Work J. Materials and Supplies K. Contractor’s Requirements L. Protection and Clean-Up M. Completion and Inspection of Work N. Damage to State Property O. Safety P. Regulatory Requirements Q. Workmanship R. Accident Protection S. Guarantee T. Specific Statutory Reference U. Equipment Indemnification V. Non-Solicitation W. Failure to Perform X. Payroll Records Y. Prevailing Wage Rates Z. Bonds AA. Qualification Requirements BB. Bid Format and Content Requirements

1. General instructions

2. Bid format requirements

3. Bid content requirements

Page ii

4. Costs Included in Bid Rates

5. Required attachments/documentation CC. Antitrust Claims and Employment of Undocumented Immigrants DD. Contractor Registration Program EE. Submission of Bids

1. Submission instructions

2. Proof of timely receipt

3. Bidder costs

FF. Bid Opening GG. Bid Requirements and Information

1. Non-responsive bids

2. Bid modifications after submission

3. Bid mistakes

4. Withdrawal and/or resubmission of bids

a. Withdrawal deadline

b. Submitting a withdrawal request

c. Resubmitting a bid package

5. Evaluation and selection

a. Bid opening/reading

b. Bid package review

c. Notice of Intent to Award

6. Agreement award and protests

a. Agreement award

b. Settlement of tie bids

c. Protests

1) Who can protest

2) Grounds for protests

3) Protest time lines

4) Submitting a protest

7. Disposition of bids

8. Inspecting or obtaining copies of bids

a. Who can inspect or copy bid materials

b. What can be inspected/copied and when

c. Inspecting or obtaining copies of bid materials

9. Verification of bidder information

10. DOJ rights

a. IFB corrections

Page iii

b. Collecting information from bidders

c. Immaterial bid defects

d. Correction of clerical or mathematical errors

e. Right to remedy errors

f. No Agreement award or IFB cancellation

g. Agreement amendments after award

HH. Preference and Incentive Programs

1. Small/Micro Business Preference (preference not to exceed $50,000)

2. Non-Small Business Subcontractor Preference (preference not to exceed

$50,000)

3. Disabled Veteran Business Enterprise (DVBE) Incentive

4. Nonprofit Veteran Service Agency (NVSA) Small business Preference (preference not to exceed $50,000) II. Agreement Terms and Conditions

1. Sample Agreement Forms & Exhibits

2. Unanticipated tasks

3. Resolution of differences between IFB and Agreement language

Page iv

Required Attachments

Attachment # Attachment Name

Attachment 1 Bid Form

Attachment 2 Required Attachment/Certification Checklist

Attachment 3 Bid Evaluation Form (For DOJ Use Only)

Attachment 4 Client References

Attachment 5 CCC 04/2017 – Contractor Certification Clauses

Attachment 6 Darfur Contracting Act Certification (DGS PD 1)

Attachment 7 STD 204 – Payee Data Record

Attachment 8 Conflict of Interest & Confidentiality Statement – Vendor

Attachment 9

Attachment 9a

California Disabled Veteran Business Enterprise (DVBE) – Bid Incentive Instructions and Resources and Information

STD 843 – Disabled Veteran Business Enterprise Declarations

Attachment 10

Attachment 10a

Non-Small Business Subcontractor Preference Instructions

Small Business Subcontractor/Supplier Acknowledgement

Attachment 11

Attachment 12

Attachment 13

Attachment 14

Attachment 15

Attachment 16

Attachment 17

Attachment 18

Attachment 19

Attachment 20

Attachment 21

GSPD-05-105 – Bidder Declaration and Bidder Instructions

DGS OLS 04 – California Civil Rights Laws Attachment

Iran Contracting Act

Bidder’s Acknowledgement of Prevailing Wage Requirements

Contractor License Information

Non-Collusion Affidavit, completion only required if awarded bid

Payment Bond, completion only required if awarded bid

Performance Bond, completion only required if awarded bid

STD 19 – Nondiscrimination Compliance Statement

STD 21 – Drug-Free Workplace Certification, completion only required if awarded bid

STD 1000 - Generative Artificial Intelligence (GenAI) Disclosure & Factsheet, completion only required if awarded bid

Page v

Sample Agreement Forms/Exhibits

Form/Exhibit Title Form/Exhibit Name

STD 213 Standard Agreement

Exhibit A Statement of Work

Exhibit B Budget Detail and Payment Provisions

Exhibit C General Terms and Conditions. View or download at this Internet site:

https://www.dgs.ca.gov/ols/Resources

Exhibit D Special Terms and Conditions

Exhibit E Additional Provisions https://www.dgs.ca.gov/ols/Resources

A. Purpose and Description of Services

The California Department of Justice (DOJ) is soliciting bids from firms that are able to provide Air Handler Equipment Replacement for the DOJ, Division of Law Enforcement. Bids must address all of the services described in section I of this Invitation for Bid (IFB), entitled “Statement of Work”, including those terms in the referenced exhibits.

The DOJ intends to make a single agreement award to the responsive and responsible firm offering the lowest bid. This IFB is open to all eligible firms and/or individuals that meet the qualification requirements.

B. Time Schedule

Below is the tentative time schedule for this IFB:

Event Date Time (If applicable)

IFB Released Wednesday, August 14, 2024 10:00 AM PST

Mandatory Pre-Bid Site Inspection Walk Through

Friday, August 23, 2024 09:00 AM PST

Questions Due Friday, August 30, 2024 3:00 PM PST

Bid Due Date Wednesday, September 4, 2024 3:00 PM PST

Bid Opening Thursday, September 5, 2024 10:00 AM PST

Proposed Start Date of Agreement Tuesday, October 01, 2024

The Mandatory Pre-Bid Site Inspection will be scheduled at 155 David Love Place, Goleta, California 93117. The Mandatory Pre-Bid Site Inspection will allow all prospective Contractors to see where any work is expected to be performed. Bids will only be accepted from bidders that attended the Mandatory Pre-Bid Site Inspection. Questions and answers will be recorded and included in the Q & A addendum. Please refer to the time schedule, above, for the Mandatory Pre-Bid Site Inspection date and time. Please note that the Mandatory Pre-Bid Site Inspection will begin promptly at 09:00 AM PST. During the Mandatory Pre-Bid Site Inspection, a list of hazardous materials will be discussed. For questions regarding the Mandatory Pre-Bid Site Inspection, please contact: Merrilee Gates, 916-261-1057.

Reasonable accommodations will be provided to prospective bidders needing assistance due to physical impairment, upon request to the DOJ for the Mandatory Pre-Bid Site Inspection. The prospective bidder must contact Merrilee Gates, 916-261-1057 to arrange for reasonable accommodation seventy-two (72) hours prior to the Mandatory Pre-Bid Site Inspection.

C. Agreement Term

The term of the resulting Agreement is expected to be for two (2) years and is anticipated to be effective from Tuesday, October 01, 2024 through Wednesday, September 30, 2026, with the option to extend the term at the discretion of the DOJ and upon approval, if required, from the California Department of General Services (DGS). The Agreement term may change if the DOJ makes an award earlier than expected or if the DOJ cannot execute the Agreement by the anticipated start date due to unforeseen delays. The DOJ reserves the right to extend the term of the resulting Agreement as necessary to complete the services needed by the DOJ.

Agreement extensions are subject to satisfactory performance by the Contractor, funding availability, and possibly approval by the DGS.

The resulting Agreement will be of no force or effect until it is signed by both parties and approved by the DGS, if required. The successful bidder is hereby advised not to commence performance until all approvals have been obtained. If performance commences before all approvals are obtained, said services may be considered to have been volunteered.

D. Bidder Questions

Bidders shall immediately notify the DOJ if clarification is needed regarding the services sought or questions arise about the IFB and/or its accompanying materials, instructions, or requirements.

All inquiries must be in writing and submitted to the DOJ via electronic mail no later than the date and time stated in section B of this IFB, entitled “Time Schedule”. At its discretion, the DOJ reserves the right to contact an inquirer to seek clarification of any inquiry received.

Bidders that fail to report a known or suspected problem with this IFB and/or any accompanying materials, or fail to seek clarification and/or correction of this IFB and/or any accompanying materials, shall submit a bid at their own risk. In addition, if awarded the Agreement, the successful bidder shall not be entitled to additional compensation for any additional work caused by such problem, including any ambiguity, conflict, discrepancy, omission, or error.

If an inquiry appears to be unique to a single firm or is marked “Confidential,” the DOJ will email a response only to the inquirer if the DOJ concurs with the bidder’s claim that the inquiry is sensitive or proprietary in nature. If the DOJ does not concur, the inquiry will be answered in the manner described herein and the bidder will be so notified. Inquiries and/or responses that the DOJ agrees should be held in confidence shall be held in confidence only until the Notice of Intent to Award is posted.

1. What to include in an inquiry

a. Inquirer’s name, name of firm submitting the inquiry, mailing address, email address, area code and telephone number.

b. A description of the subject or issue in question or discrepancy found.

c. IFB section, page number or other information useful in identifying the specific problem or issue in question.

d. Remedy sought, if any. A bidder that desires clarification about specific IFB requirements and/or whose inquiry relates to sensitive issues or proprietary aspects of a bid may submit individual questions that are marked “Confidential". The bidder must include with its inquiry an explanation as to why it believes questions marked “Confidential” are sensitive or surround a proprietary issue.

2. Question deadline

Submit questions and inquiries no later than the date and time stated in section B of this IFB, entitled “Time Schedule”.

The DOJ will accept questions and inquiries about the following issues up to the bid due date:

a. DVBE participation.

b. How to complete DVBE attachments.

c. The reporting of IFB errors or irregularities.

3. How to submit questions

Please submit questions and inquiries regarding 24-0116-IFB to Mai Vang at Mai.Vang@doj.ca.gov.

Note: Please type “Questions 24-0116-IFB” in subject line of email.

4. Verbal questions

The DOJ reserves the right not to accept or respond to verbal questions and inquiries. Verbal remarks provided in response to verbal questions and inquiries are unofficial and are not binding on the DOJ unless later confirmed in writing. Any additional requirements shall be issued in the form of an addendum to all potential bidders.

Direct all verbal requests for DVBE assistance to the DOJ, SB/DVBE Advocate at Advocate@doj.ca.gov up to the bid due date.

E. Mandatory Pre-Bid Site Inspection (Walk Through)

The DOJ will hold a Walkthrough for this IFB located at 155 David Love Place, Goleta, California 93117 on Friday, August 23, 2024 at 09:00 AM PST.

F. License/Permits/Insurance Papers

1. Contractor shall have and submit copies with IFB all applicable certificates of insurance, permit, licenses and other forms of documentation required to comply with the laws of the State of California.

2. Contractor shall be an individual or firm licensed to do business in California and shall obtain at its expense all license(s) and permit(s) required by law for accomplishing any work required in connection with the Agreement.

3. If the Contractor is located within the State of California, the Contractor must be in good standing with the Secretary of State (if applicable). For more information regarding the Secretary of State, please visit: sos.ca.gov.

4. If the Contractor is out of State, the Contractor must provide a copy of their Board of

Equalization Permit along with a copy of their Secretary of State (if applicable) to show the Contractor is eligible to do business in California.

5. In the event any license(s) and/or permit(s) expire at any time during the term of this Agreement, Contractor agrees to provide the Contracts and Purchasing Unit (CPU) Contract Analyst a copy of the renewed license(s) and/or permit(s) within thirty (30) days following the expiration date. In the event the Contractor fails to keep in effect at all times all required license(s) and permit(s), the DOJ may, in addition to any other remedies it may have, terminate the Agreement upon occurrence of such event.

mailto:Advocate@doj.ca.gov

G. Employment of Apprentices

The Contractor and any subcontractors shall comply with all applicable requirements of Labor Code sections 1777.5, 1777.6, 1777.7, and 3070 – 3100, and Title 8 of the California Code of Regulations in the employment of apprentices.

Contractors and subcontractors are required to comply with all Labor Code and regulations requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, contractors and subcontractors are advised to contact the State Division of Apprenticeship Standards, 455 Golden Gate Avenue, San Francisco, California 94102, or one of its branch offices, for additional information regarding the employment of apprentices and for the specific journey-to-apprentice ratios for the Agreement work.

H. Prohibition of Delinquent Taxpayers

Public Contract Code section 10295.4 prohibits the State from entering into an agreement for goods or services with any contractor whose name appears on either list of the 500 largest tax delinquencies pursuant to Revenue and Taxation Code section 7063 or 19195, and any agreement entered into in violation of Public Contract Code section 10295.4 is void and unenforceable.

I. Statement of Work

The intent of this document is to provide and install new Heating, Ventilation, and Air Conditioning (HVAC) equipment for the Santa Barbara laboratory located at 155 David Love Place, Goleta, CA 93117.

The Contractor shall provide the following service:

1. Remove & dispose of existing Air Handling Unit (AHU). Replace like for like (E) Alliance AHU-1, 26,050 Cubic Feet per Minute (CFM) nominal @ 5.46 in wg, as well as cold and hot water coil.

2. Reuse existing roof curb.

3. Provide new piping for chilled water, hot water and condensate piping. Install 2-1/2” and above to be Sch 40 ERW with welded fittings for water piping. Install 2” and below to be Type L copper with pressed or soldered fittings for condensate pipping.

4. Install piping insulation with thickness per Title 24 (T-24) minimums. All exposed piping to weather shall have 0.016” thick embossed aluminum jacket.

5. Start-up of mechanical equipment.

6. Perform pre-reads for water and airflows.

7. Perform final balance to match pre-reads.

8. Provide new SS controls enclosure with new Automated Logic SE6166s control module.

9. Interface into existing Automate Logic LRG250 gateway.

10. Furnish and install field devices and AHU as required.

11. Provide certified rigging crew and crane to remove and replace AHU.

12. Haul-off of existing AHU for disposal.

13. Provide electrical disconnect and reconnect of AHU.

o All materials and tools necessary for installations/demolitions to be provided by contractor.

o All installations are to be completed within Federal, State and local codes.

o Contractor is responsible for providing all necessary drawings, permits, and inspections.

o Provide Performance & Payment Bonds based on DOJ requirements.

o This project will be executed under CA Public Works guidelines. Contractors are to be registered with the California Contractors State License Board (CSLB) and have a valid C-20 contractor’s license valid throughout the length of the contract.

Contractors will make sure to pay all workers with prevailing wages.

o All work to be performed during regular business hours Monday – Friday, 8 AM – 5:00 PM, excluding State holidays.

o All work shall be bid at prevailing wage.

All work shall be done by experts with an established reputation for executing their work by the very best methods. All services shall be subject to inspection by the DOJ at any, and all times during the performance thereof. If through inspection it is determined that the services and/or materials furnished in connection therewith are not in accordance with the terms described, the DOJ may at its option have the work performed elsewhere, charging the Contractor with any cost occasioned thereby.

J. Materials and Supplies

1. Contractor will be reimbursed for the actual cost of materials/supplies purchased to be consumed or installed at the work site in performance of the Agreement (including applicable sales tax), with allowance for a maximum mark-up as included in Contractor’s bid. Costs of materials/supplies are to be substantiated by a copy of the original invoice verifying the actual cost and delivery of the materials/supplies to the DOJ. Contractor will be reimbursed for the actual costs.

2. A copy of three (3) price quotes for single materials/supplies exceeding $500 must also be supplied to the DOJ Facility Project Representative or authorized designee.

3. If requested by the DOJ Facility Project Representative or designee, prior to the purchase and installation of any materials, Contractor shall submit for approval, product data, manufacturer’s descriptive data, factory mutual test reports, product specifications, and instructions, for all materials used.

4. Materials being installed or replaced shall be the size and capacity of, or equal to, the equipment and/or materials being replaced.

(Contractor shall notify the DOJ Facility Project Representative or designee immediately with information regarding delays in procurement of materials and/or supplies.)

K. Contractor’s Requirements

1. Contractor shall obtain and maintain, at its sole cost and expense, at all times during the term of this Agreement, all licenses, permits, and other authorizations from governmental authorities or boards, necessary to enable it to perform the work under the Agreement.

The Contractor shall have a current general contractor’s C-20 license issued by the California Contractors State License Board (CSLB) for the duration of this Agreement.

2. Contractor shall require personnel to wear attire that clearly identifies the Contractor’s company in a permanent or semi-permanent manner, such as a monogram or badge. Employees shall be required to dress neatly, commensurate with the tasks being performed.

3. Contractor shall designate an On-Site Supervisor and provide the name, cellphone and/or pager number of the On-Site Supervisor in writing to the DOJ Facility Project Representative at least two (2) days prior to each service starting date. The term “On-Site Supervisor” means a person designated in writing by Contractor having authority to act for Contractor on a day-to-day basis at the work location. The On-Site Supervisor must be present at the work site during work performance.

4. Contractor shall notify the DOJ Facility Project Representative or designee of any necessary utilities that will be required in the performance of the work at the site. The Contractor shall be responsible for providing sanitary facilities for his/her/their personnel either through rental or making arrangements with the DOJ. These facilities shall be kept clean at all times, and are not to be used for anything other than their intended purpose.

5. The DOJ reserves the right to bar any Contractor‘s employee from the work site.

6. Contractor shall secure all necessary permits from applicable local agencies for work performed under this Agreement. Any permit costs shall be reimbursed in accordance with Exhibit B, Budget Detail and Payment Provisions.

7. Contractor must also have any licenses/certifications required by the applicable local jurisdictions in which the work is to be performed.

8. Contractor must keep fully informed of all existing and future State and local laws, rules, ordinances and regulations, which in any manner affect those engaged or employed in the work, the materials used in the work to be performed, or the services to be provided.

9. No “Pick Up Labor” or “Day Labor” may be used on any job.

10. The Contractor shall ensure that only qualified and competent employee(s) are permitted on the work site and that the work shall be safely performed to the highest industry standards. The Contractor shall take all the necessary precautions to prevent injury or hazard to DOJ employee(s), invitee(s) and/or to the general public and shall avoid causing any unreasonable inconvenience to any person doing business on State property.

11. The Contractor shall conduct its operation as to avoid damage to any facilities, structures, or other property.

12. The Contractor shall provide warning signs alerting people to any dangerous conditions at the Contractor’s own expense and without cost to the DOJ.

L. Protection and Clean-Up

1. Prior to commencement of any work, the DOJ Facility Project Representative or designee shall confer with Contractor and review the total workload and the cleaning methods proposed by Contractor.

2. Contractor will alert the DOJ Facility Project Representative or designee if any chemicals or solvents will be used that could cause staff irritation or affect testing to be performed at or around the facilities.

3. Contractor shall take necessary precautions to protect all areas and appropriate steps to protect any finishes and fixtures that might be affected by their work.

4. Contractor shall provide dust controlling sheeting to protect adjacent areas.

5. Contractor shall remove resulting dirt, dust, and debris on a daily basis, and shall leave the work area neat and clean.

6. Contractor is responsible for hazardous waste recovery and disposal in accordance with applicable laws. No hazardous materials or waste shall be handled by the Contractor other than the list which will be provided by the DOJ Facility Project Representative. The costs for hazardous waste disposal shall be reimbursed in accordance with Exhibit B, Budget Detail and Payment Provisions.

7. Contractor shall report all spills immediately to the DOJ Facility Project Representative or designee, if assistance is required and/or if the spills propose a temporary or permanent danger.

M. Completion and Inspection of Work

It is the Contractor’s responsibility to notify the DOJ Facility Project Representative or designee upon completion of work. The DOJ Facility Project Representative or designee shall have the ultimate responsibility and authority to determine whether the Contractor has satisfied the Contractor’s duties and obligations under the Agreement, including specifically whether the Contractor’s work product and deliverable has satisfied all of the applicable Agreement requirements (including acceptance criteria or tests). Approval of work constitutes approval for payment and not transference or termination of Contractor’s responsibility to perform work in accordance with the terms of the agreement. Any work that needs corrections shall be performed at the Contractor’s sole expense in a timely manner, which may be expressly agreed upon in writing by the parties. Failure to begin work and to complete work as required by the Agreement shall be considered grounds for termination of the Agreement for default.

N. Damage to State Property

In the event that any State property is damaged as a result of the actions of the Contractor, or its employees, the Contractor shall, to the DOJ’s satisfaction and sole option, repair, replace, or restore the damage at the Contractor’s sole expense or pay to the DOJ the costs to repair, replace, or restore the damage. Repair, replacement, or restoration efforts must be performed in a manner that ensures all applicable warranties are maintained for any product or equipment damaged. Any damage to existing facilities, structures, or other property resulting from the work shall be reported immediately to the DOJ Facility Project Representative or designee.

O. Safety

1. All of the work shall be performed in a safe, professional and competent manner and in accordance with all applicable federal, State and local laws, including the Fair Labor Standards Act, General Industry Safety Orders, the State and Federal Occupational Safety and Health Act, and any and all environmental laws.

2. All work shall meet or exceed local industry standards and practices.

3. During the course of this work, Contractor shall protect tenants and public from hazards created.

4. Contractor shall, at all times, take necessary steps to protect the public from injury and all property from damage, and shall be responsible for any and all kinds of injuries to the public and damage to the work or property due to the actions or omissions of the Contractor’s employees or agents. Protection shall include use of adequate shielding, covering, barricades, and other safeguards, as necessary. Contractor shall post signs and cordon-off areas to protect the health and safety of the public.

P. Regulatory Requirements

Contractor’s personnel shall comply with all current laws and standards of the State, including all applicable Division of Occupational Safety and Health (DOSH or Cal/OSHA) requirements and other safety regulations, and applicable city and county codes, including the following:

• Environmental Protection Agency (EPA) Regulations

• Cal/OSHA Standards and Regulations

• California Code of Regulations, Title 8

• California Building Standards Code 1988

• Underwriters’ Laboratories, Inc. (UL) Standards

• ANSI A13.1 and NFPA 70 for color coding

• Materials and processes shall comply with applicable local and State laws and standards.

In case of conflict with regulatory requirements and specified materials, regulatory requirements will govern.

• Manufacturers’ Specifications and Standards: At a minimum, the Contractor shall comply with all manufacturers’ recommendations, specifications, and standards for same or similar application.

Q. Workmanship

1. All work provided by Contractor shall conform to the latest requirements of federal, State, city, and county laws and standards.

2. Contractor is responsible for compliance with all applicable laws and standards in connection with work performed under the Agreement.

3. Contractor’s personnel shall take appropriate steps to protect any finishes and fixtures that might be affected by their work.

4. All work shall meet or exceed local industry standards and practices.

5. Functional testing will be performed at completion of work and any malfunctions or equipment failures shall be corrected by the Contractor at the Contractor’s expense. After repairs of malfunctions or failures are complete, the functional test will be repeated.

6. Failure of Contractor to begin work promptly or to execute the work diligently as described in the Statement of Work shall be considered a default and grounds for termination of the agreement. Defective, negligent, or careless work that is indicative of lack of skill in its execution as determined by the DOJ Facility Project Representative or designee shall be redone at the Contractor’s expense.

7. Contractor shall leave the premises in a neat, clean and safe condition. The Contractor shall conduct operations in such a manner as to avoid damage to State property. Any damage caused by the Contractor shall be repaired or replaced at the Contractor’s expense, and shall be repaired or replaced to the satisfaction of the DOJ Facility Project Representative or designee. The Contractor shall notify the DOJ Facility Project Representative or designee immediately of any damage.

8. Should the State determine that the Contractor’s work or materials vary materially from the drawings, plans and specifications, and/or Statement of Work, or was not performed or provided in a workmanlike manner, then Contractor warrants that the Contractor shall perform all necessary repairs, replacements, and/or corrections needed to restore the work or materials according to the drawings, plans and specifications, and/or Statement of Work at no additional cost to the State.

R. Accident Protection

Contractor shall at all times permit the DOJ Facility Project Representative or designee to visit and inspect the work. This obligation shall include maintaining proper facilities and safe access for such inspection. Where the Agreement requires work to be tested, it shall not be covered up until inspected and approved by the DOJ Facility Project Representative or designee and Contractor shall be solely responsible for notifying the DOJ Facility Project Representative or designee at least forty-eight (48) hours in advance where and when such work is ready for inspection and testing. Should any such work be covered without test and approval, it shall be uncovered at Contractor's expense.

Contractor shall be responsible for securing areas of work at the end of each work day to prevent unauthorized entry after working hours. Work area shall be barricaded and flagged by Contractor.

Precautions shall be exercised at all times for the protection of persons (including employees) and property, and shall include the installation of adequate safety guards and protective devices for all equipment and machinery, whether used in the performance of work or permanently installed as part of the work. Contractor shall comply with all applicable laws relating to safety precautions, including safety regulations of the Department of Industrial Relations.

S. Guarantee

Contractor further agrees that within ten (10) calendar days after being notified in writing by the DOJ Facility Project Representative or designee of any work defects discovered after the completion and acceptance of the work and within the specified guaranteed period, Contractor and the DOJ Facility Project Representative or designee agree to meet and establish a start and completion date on all corrective work. If Contractor fails to comply with the terms of the guarantee, the DOJ shall have work done at Contractor's expense. The DOJ shall be entitled to all costs, including reasonable attorney's fees.

T. Specific Statutory Reference

Any reference to certain statutes in the agreement shall not relieve Contractor from the responsibility of complying with all other statutes applicable to the service, work, or rental to be furnished thereunder.

U. Equipment Indemnification

1. Contractor shall indemnify the State against all loss or damage to property or equipment, and Contractor shall maintain at Contractor’s own expense any fire, theft, liability or other insurance as deemed necessary. Contractor assumes all responsibility which may be imposed by law for property damage or personal injuries caused by defective equipment furnished under this Agreement or by operations of Contractor or Contractor’s employees under this Agreement.

2. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section.

V. Non-Solicitation

Contractor warrants, by execution of the Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained or contracted by contractor for the purpose of securing business. For breach or violation of this warranty, the State shall have the right to terminate the Agreement without liability, paying only for the value of the work actually performed, or in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee.

W. Failure to Perform

In the event the Contractor is unable to perform the services contracted for as to quality, quantity, or for any other reason violates the specifications set forth in the Agreement, such action shall constitute cause to null and void the Agreement.

It is understood and agreed that the DOJ reserves the right to obtain at its discretion the contracted services outside the terms of the Agreement.

X. Payroll Records

Each Contractor and Subcontractor shall comply with the Labor Code Section 1776 regarding record keeping.

Y. Prevailing Wage Rates

General Prevailing Wage Rates will apply for the County of Santa Barbara, as described in the Exhibit D, Special Terms and Conditions.

Z. Bonds

If awarded, Contractor agrees to sign the Agreement and to furnish the bonds called for herein.

These bonds must be executed by an admitted surety insurer that is licensed to transact surety business in the State of California and appears in the California Department of Insurance's listing as a surety bond provider. (Code of Civil Procedure section 995.311.)

Payment Bond - If the total amount of the Agreement exceeds $25,000, the Contractor shall, before starting performance of work, furnish an original payment bond and a duplicate copy in an amount not less than one hundred percent (100%) of the total amount payable under the Agreement in accordance with Public Contract Code section 7103. The bond MUST be prepared on the STD 807 form, Payment Bond to Accompany Construction Contract, provided to the Contractor by the DOJ before execution of the Agreement.

Performance Bond - If progress payments are provided for in the Agreement and the total amount of the Agreement exceeds $10,000, the Contractor shall, before starting performance of work, furnish an original faithful performance bond and a duplicate copy in an amount not less than one hundred percent (100%) of the total amount payable under the Agreement.

Bid Bond – If the total amount of the Agreement exceeds $388,000, the Contractor shall, at time of bidding, furnish an original bid bond in the amount equal to 10% of the amount bid.

AA. Qualification Requirements

Failure to meet the following requirements by the bid due date will be grounds for the DOJ to deem a bidder non-responsive. In submitting a bid, each bidder must certify that it possesses the following qualification requirements.

1. Bidder shall provide all personnel, labor, equipment, required materials, tools, supplies, certificates, licenses and/or permits, and insurance necessary to provide Air Handler Equipment Replacement. All certificates, licenses and permits shall be current and in effect at the time of the bid, and throughout the term of the Agreement.

2. Bidder shall have a regular place of business located within the State of California.

3. SECURITY CLEARANCE The successful bidder and/or employees of the successful bidder who will have access to the DOJ facility shall successfully complete a security/background clearance. Prior to the Agreement period, all such personnel must complete the security/background clearance.

This security/background clearance consists of a complete search through the State of California and the Federal Bureau of Investigation (FBI) criminal history systems. Fingerprint is to be done by the DOJ. This security clearance consists of a name search through the State of California and federal criminal history systems. These automated systems will include the following: federal and state criminal records, Department of Motor Vehicle records, outstanding warrants, restraining orders, automated property, and firearms clearances.

In order to facilitate the competition of the security/background clearance process, each employee of the successful bidder who will be performing services for the DOJ, will be required to complete a package supplied by the DOJ, Office of the Chief, Background Investigations Unit, no less than one (1) month prior to the designated period of the Agreement. Although the Agreement may be awarded, individuals cannot begin services under this Agreement prior to the approval of the security/background clearance check.

This package will include:

Personal History Statement – Form # POST – 2-251 (This form includes the required following information: Personal, Relative and References, Education, Residences, Experience and Employment, Military Service, Financial, Legal, Motor Vehicle Operation, and General Information)

Authorization to Release Information – Form #DLE-201

Fingerprint Card–Form #FD-258; and Live Scan Fingerprint – Form #BCIA-8016D.

Please note – One or the other, not both, of the fingerprint forms is required to complete the security/background clearance check. The fingerprint form used will be dependent upon the availability of the system used by the fingerprinting facility.

Fingerprint Authorization and Release Form JUS 8820 – The successful bidder shall be responsible for all costs incurred as a result, of the background/security clearance of their employees. These costs shall NOT be passed along to the DOJ for reimbursement.

4. Bidders must certify their willingness to comply with the Agreement Terms and Conditions, including those terms and conditions in the referenced exhibits.

5. (Corporations) Corporations must certify they are in good standing and qualified to conduct business in California.

6. (Nonprofit Organizations) Non-profit organizations must certify they are eligible to claim nonprofit status.

7. Bidders must have a past record of sound business integrity and history of being responsive to past contractual obligations.

8. Bidder must complete and submit Bidder’s Acknowledgement of Prevailing Wage Requirements, Attachment (14). Submission of this attachment is mandatory. Failure to complete and return attachment with your bid will cause your bid to be rejected and deemed non-responsive.

9. Before Agreement execution, the winning bidder must supply proof of liability insurance that meets the requirements in Exhibit E, Additional Provisions.

10. Bidder must complete and submit the Nondiscrimination Compliance Statement, Attachment (19), with the bid package.

BB. Bid Format and Content Requirements

1. General instructions

a. Each individual or firm may submit only one (1) bid. For the purposes of this paragraph, “firm” includes a parent corporation of a firm and any other subsidiary of that parent corporation. If a firm or individual submits more than one (1) bid, the DOJ will reject all bids submitted by that firm or individual.

b. Develop bids by following all IFB instructions and instructions or clarifications in question/answer notices, clarification notices, or IFB addenda.

c. Before preparing a bid, seek timely written clarification of any requirements or instructions that are believed to be vague, unclear or that are not fully understood. The amount of the Agreement will not be increased due to poor examination of work sites and/or specifications.

d. Arrange for timely delivery of the bid package to the specified address. Bidders are advised not to wait until shortly before the bid submission deadline to submit their bid.

2. Bid format requirements

a. Submit one (1) original bid package. Bid must be complete with a copy of all required attachments and documentation.

b. Bind bid package with a single staple in the upper left-hand corner.

c. Sign applicable IFB attachments/forms in ink, preferably in a color other than black. Have a person who is authorized to bind the bidding firm sign each form that requires a signature. Signature stamps are not acceptable. Unsigned bids may be rejected.

3. Bid content requirements

This section specifies the order and content of each bid and where applicable, indicates form/attachment completion instructions.

When completing the attachments, follow the instructions in this section and any instructions appearing on the attachment. Unless otherwise indicated, do not submit supplemental information or other materials that the DOJ has not requested.

After completing and signing the applicable attachments, assemble all items in the order shown below and place them in a sealed envelope/package.

4. Costs Included in Bid Rates

a. The cost of employer payments to or on behalf of employees, subsistence, travel, compensation insurance premiums, unemployment contributions, social security taxes, Agreement bond premiums, and any other taxes or assessments including sales and use taxes required by law or otherwise shall be included in the Agreement rates and no additional allowance will be made thereof, unless separate payment provision should specifically so provide.

b. Contractor shall make travel and subsistence payments to each worker in compliance with Labor Code sections 1773.1 and 1773.9. Travel and subsistence requirements are available on the Department of Industrial Relations website at:

http://www.dir.ca.gov/OPRL/PWD/Index.htm.

5. Required attachments/documentation

Attachment/Documentation Instructions

1 - Bid Form Complete this form entirely. Do not submit supplemental cost or rate sheets. Any corrections or changes to the dollar amounts entered on the Bid Form after the amounts are originally inserted must be initialed in ink by the bidder.

2 - Required Attachment & Certification Checklist

Check each item with “Yes” or “N/A," as applicable, and sign the form. If necessary, explain the choices on a separate sheet of paper.

If a bidder marks “Yes” or “N/A” and attaches an explanation to the checklist to clarify their choice, the DOJ considers this a “qualified response." Any “qualified response," determined by the DOJ to be unsatisfactory or insufficient to meet a requirement, may cause a bid to be deemed non-responsive.

3 - Bid Evaluation Form This form is to be completed by the DOJ employees performing the bid opening and is not required to be returned.

http://www.dir.ca.gov/OPRL/PWD/Index.htm

4 - Client References Identify three (3) clients serviced within the past five

(5) years that can confirm their satisfaction with the bidder’s services. If possible, identify clients whose needs were similar in scope and nature to the services sought in this IFB. List the most recent first.

5 - CCC 04/2017 (Contractor Certification Clause)

Complete and sign this form indicating a willingness and ability to comply with the Contractor Certification Clauses (CCC) appearing in this attachment.

6 – DGS PD 1 (Darfur Contracting Act) All bidders must complete this form. Read the form and select the one (1) option that is appropriate for the bidder. If bidder selects option 2, a copy of the written permission from DGS must be included.

7 - STD 204 (Payee Data Record) All bidders must complete this form.

8 - Conflict of Interest & Confidentiality Statement – Vendor

Read the statement and complete and sign the bottom of the form indicating willingness and ability to comply with the statement.

9a - STD 843 (Disabled Veteran Business Enterprise Declarations)

Submission of this form is required when a certified DVBE contractor or subcontractor will provide materials, supplies, services, or equipment necessary for the performance of the proposed agreement.

10a - Small Business Subcontractor/Supplier Acknowledgement

Submission of this form is optional. Read and carefully follow the completion instructions in Attachments 10 and 10a. Complete and return Attachment 10a only if the bidding firm is not a certified small business, but is requesting a subcontractor bidding preference by committing to use one or more certified small business subcontractors for an amount equal to at least 25% of the total bid price.

11 - GSPD-05-105 (Bidder Declaration) All bidders must complete this form. Instructions for completing this form are on the second page of this attachment.

12 - DGS OLS 04 – (California Civil Rights Laws Attachment)

Submission of this form is required from a bidder that submits a bid or proposal to a state agency with respect to any contract in the amount of one hundred thousand dollars ($100,000) or more.

13 - Iran Contracting Act Submission of this form is required from a bidder that submits a bid or proposal to a state agency with respect to any contract in the amount of one million dollars ($1,000,000) or more.

14 - Bidder’s Acknowledgement of Prevailing Wage

All bidders must complete this form. Complete and return this form.

15 - Contractor’s License Information (California Businesses Only)

All bidders must complete this form. Complete and return this form. California businesses must submit a copy of a current business license issued by the governmental jurisdiction in which the business is located.

Submit an explanation if this documentation cannot be supplied or there is reason to believe no license is required.

16 - Non-Collusion Affidavit All bidders must complete this form. Complete and return this form.

17 - Payment Bond Bidder’s are not required to complete this form.

18 - Performance Bond Bidder’s are not required to complete this form.

19 - STD 19 (Nondiscrimination Compliance Statement)

All bidders must complete this form. Complete and return this form.

20 - STD 21- Drug-Free Workplace Certification

Bidder’s are not required to complete this form.

21 – STD 1000 - Generative Artificial…