24-42017-000_Addendum_3.pdf

STATE OF CALIFORNIA — DEPARTMENT OF STATE HOSPITALS GAVIN NEWSOM, GOVERNOR

DEPARTMENT OF STATE HOSPITALS – Napa 2100 Napa Vallejo Hwy.

Napa, CA 94558-6293

Addendum #3 January 13, 2025

IFB: 24-42017-000

“Generator Stack Extension”

The Department of State Hospitals (DSH) - Napa is issuing this Addendum for the following items, amendments to the IFB. Changes have been notated in bold, red font:

ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED

1. Key Action Dates:

Note: Unless otherwise indicated, all times noted in this solicitation are Pacific Time.

2. Attachments (1-18): For Reference

3. Vendor Quote: For Reference

4. INVITATION FOR BID: For Reference

Event Date Time IFB available to prospective bidders December 05, 2024 11:00AM Due Date to Submit Request to Attend Conference

December 11, 2024 3:00PM

Bidder’s Conference December 12, 2024 10:00AM Deadline for Submission of Questions December 16, 2024 2:00PM Final Date for Bid Submission January 30, 2025 3:30PM Public Bid Opening January 30, 2025 3:30PM Notice of Intent to Award Posted February 06, 2025 - Anticipated Start Date March 01, 2025 -

IFB Number: 24-42017-000 Generator Stack Extension

ATTACHMENT 1 – BID SUBMISSION CHECKLIST

Complete this checklist to confirm the items in your bid. For your bid to be considered responsive, Attachments 1 through 17 in this checklist must be submitted by the Bid Submittal Deadline indicated in this IFB. Include this checklist with your bid package.

Contractor Name:

Attachment Name of Attachment

______ Attachment 1 Bid Submission Checklist

______ Attachment 2 Bidder’s Certification

______ Attachment 3 Minimum Qualifications Response

______ Attachment 4 Bidder’s References

______ Attachment 5 Bidder’s Rate Sheet(s)

______ Attachment 6 Insurance Certifications

______ Attachment 7 Darfur Contracting Act Certification Darfur Contracting Act Certification

______ Attachment 8 Labor Code Certification

______ Attachment 9 Bidder’s Acknowledgement To Pay Prevailing Wage Rates

______ Attachment 10 Non-Collusion Declaration (Must be notarized)

______ Attachment 11 Bidder Declaration Form (GSPD 05-105) Bidder Declaration (ca.gov)

______ Attachment 12 Contractor Certification Clauses (CCC-4/2017) Standard Contract Language (ca.gov)

______ Attachment 13 Payee Data Record (Std. 204) Payee Data Record (ca.gov)

______ Attachment 14 DVBE Declarations Form (Std. 843) STD. 843 (Rev. 11/2005) (ca.gov)

______ Attachment 15 California Civil Rights Certification

Department of State Hospitals Napa

Department of State Hospitals IFB Number: 24-42017-000 Napa Generator Stack Extension

OLS004.pdf (ca.gov)

______ Attachment 16 Nondiscrimination Compliance Statement (Std. 19) This form is not included in this IFB. Please obtain from the following web site: STD 19 (ca.gov)

______ Attachment 17 Small Business Preference and Certification Request (Std. 811) (For Construction Contractors Only) STD 811 (ca.gov)

Attachment 18 GenAI Disclosure and Factsheet STD 1000 (ca.gov)

ATTACHMENT 2 – BIDDER’S CERTIFICATION

The signature affixed hereon and dated certifies compliance with all the requirements of this bid document. The signature below authorizes the verification of this certification.

By signing below, the bidder represents and warrants that statements and representations contained in the documents and data submitted in connection with this bid are true and correct. In the event the bidder’s submittal in connection with this bid contains false statements or misrepresentations of fact, the bid may be rejected, or any succeeding contract terminated for cause and the bidder deemed to be a non-responsible bidder which may adversely affect future bids submitted by the bidder. In addition, any misrepresentation of fact or fraud in connection with an attempt to secure a state contract, could result in legal action being taken against the bidder.

An Unsigned Bidder’s Certification May Be Cause for Rejection

Company Name Telephone Number Fax Number

Address Email

Name Title

Original Signature Date

Small Business Preference Request Check one:

This bidder requests a Small Business preference

This bidder does NOT request a Small Business preference

California Certified Small Business Number:

ATTACHMENT 3 – MINIMUM QUALIFICATIONS RESPONSE

Bidder’s Name: ___________________________________Email: __________________________

Minimum Qualification Bidder's Response Bidder must submit a copy of their license to do business in the State of California as applicable.

Business License(s) Included?

Yes No N/A Bidders must certify that they are and will continue to meet all terms and conditions for operating a business in the city/county in which the business is headquartered.

Do you so certify?

Yes No Bidders which are corporations, regardless of where they are incorporated, shall certify they are currently in good standing with the California Secretary of State (SOS) no later than the Bid Submission due date. DSH shall verify that the proposed awardee(s) is in good standing by checking the (SOS) website:

https://bizfileonline.sos.ca.gov/search/business

Do you so certify?

Yes No

Bidder must provide three (3) references from customers as described in II.

Minimum Qualifications (MQ), Section B., References.

References included?

Yes No The bidder certifies that they understand the insurance and bond requirements and, if awarded an agreement, shall sign and return two (2) originals of the Standard Agreement signature pages (Std. 213) and any required insurance and bond documents as directed.

Do you so certify?

Yes No

Bidder shall provide proof of current registration with the Department of Industrial Relations or certify that they, and all proposed subcontractors, will be registered to perform public works pursuant to Labor Code section 1725.5 at the time of the awarded contract.

Registration Included?

Yes No

Bidders must provide a copy of current Contractors State License, (A) General Engineering Contractor License, issued by the California Department of Consumer Affairs, Contractors State License Board.

Contractors State License included?

Yes No Bidders shall have a minimum of five (5) years’ experience performing Co- Generation Plant Construction Services. Bidders shall submit a statement of capabilities and/or resume.

Statement of Capabilities or

Resume included?

Yes No

I, the undersigned, declare that the certifications required above are true and that I am authorized to make such certifications and bind the bidder contractually.

Signature of Declarer Print First and Last Name Date Signed

ATTACHMENT 4 – BIDDER’S REFERENCES

Bidder must provide a list of three (3) references from customers for whom the bidder has provided services of the same nature and type as those outlined in this solicitation. References submitted must be for services provided in the past two (2) years (from the date of this solicitation). If the bidder has provided services to the DSH during this timeframe, one of the references must be from a DSH contract manager or designated representative. Each reference must be able to address each of the following:

iv. The bidder’s responsiveness to requests for service.

v. The bidder’s ability to provide services as compared to his or her agreed upon contract.

vi. The customer’s overall assessment of the bidder’s performance.

The list of references shall include the following:

vi. Name of Company

vii. Address

viii. Contact Name and Title

ix. Telephone

x. Email Address

The DSH reserves the right to utilize these references in determining whether a bidder is responsible.

References Name of Company

Address

Contact Name Telephone Email Address

Name of Company

Address

Contact Name Telephone Email Address

Name of Company

Address

Contact Name Telephone Email Address

ATTACHMENT 5 – BIDDER’S RATE SHEET

The undersigned hereby proposes to furnish all labor, materials, supplies, tools, equipment, transportation, licenses, permits, prevailing wages, insurance, bonds, personnel, and any other services necessary to provide:

1. Generators Stack Extension at the Central Plant, Building 331, as designed in the attached J.C.

Chang and Associates (JCCA) drawings and structural calculations at DSH-Napa per Exhibit A, Scope of Work.

2. By submitting a bid, the bidder agrees that his or her final bid constitutes an irrevocable offer which shall be valid for 180 calendar days from the bid submission date and includes all applicable sales tax.

3. The bidder shall set forth the bid proposal in clear, legible figures in the space provided.

4. The DSH does not expressly or by implication agree that the actual amount of work will correspond therewith and reserves the right to omit portions of the work as may be deemed necessary or advisable by the DSH. The estimates provided are a good faith estimate and are not a guarantee of business and is subject to change depending on the best interest of DSH. The bids received will be used solely for comparison. The DSH makes no guarantee, expressed or implied for actual work required. However, the actual rates quoted by the bidder shall be binding for the term of the agreement.

5. Any service requiring parts out of the Unforeseen Allowance will require proof of cost, such as a copy of the actual invoice for the part from the company from which it was purchased, must be attached to Contractor’s invoice for reimbursement. Contractor will be reimbursed for the actual cost of the parts and a maximum markup of 15%.

6. Rate Sheet:

Mobilization: $

General Conditions (Including but not limited to: Administration Cost, Permit Fee, Site Management, etc.)

SUBTOTAL: $

Existing Conditions: QTY Unit Unit Price Total

Clean Inside of Existing Stacks 2.00 LS $ $

SUBTOTAL: $

Concrete: QTY Unit Unit Price Total

Footings 1 LS $ $

Metals: QTY Unit Unit Price Total

Steel Structures

1 LS $ $

Equipment: QTY Unit Unit Price Total

Crane Rental 1 LS $ $

SUBTOTAL: $

Heating, Ventilating, and Air Conditioning: QTY Unit Unit Price Total

Furnish & Install (2) 60”X72”X150” Insulated Duct Complete with Expansion Joint and Hardware

1 LS $ $

120 volt receptacle shall be located within 25 feet (7620 mm) of the equipment, with associated conduit and wiring back to panel.

1 LS $ $

Testing and Commissioning 1 LS $ $

SUBTOTAL: $

Bonds and Insurance: $

Contractor to add Contingency of 8% from the Sub-Total.

Unforeseen/unanticipated additional parts, materials, equipment, and /or labor required to deliver the original scope of services. Contractor shall only charge for actual services rendered and shall itemize all costs associated with this section (includes taxes and shipping):

Grand Total: $

Is preference as a small business requested for this bid? Yes, OSDS Ref. #____________ Application In Process No If yes, please include a copy of your OSDS Certification Approval Letter, or if not certified yet, a copy of evidence of application and the Small Business and Certification Request (STD 811) with this bid.) The DVBE incentive program is being applied on this project. Refer to the DVBE Program Requirements for details.

Indicate your organization type: Sole Proprietorship Partnership Corporation, Corporation #____________ Not Applicable

List below the information requested for all subcontractors.

Name/Address Type of Work to be Performed

License Number

Subcontra ct

Amount

1.

2.

Contractor’s Company/Business Name (Print or Type)

Address

Contractor’s License Number Official’s Name and Title Signing (Print or Type)

Contractor’s License Classification License Expiration Date

MO_____ DAY______

YR_________

Valid Telephone Number

By signing this bid, the bidder/contractor certifies under penalty of perjury the accuracy of the representations made on this bid form.

CONTRACTOR NAME: Contractor’s/Official’s Signature: Date:

ATTACHMENT 6 – INSURANCE CERTIFICATION

Bidder’s Bond & Insurance Certification Bidder’s shall provide DSH with a bidder’s bond in one of the following forms of bidder’s security: a cashier’s check, a certified check, or a bidder’s bond executed by an admitted surety insurer and payable to the State agency. The security must be in an amount equal to 10% of the amount bid. A bid must not be considered unless one of the forms of the bidder’s security is enclosed with it (PCC §10167).

This form reminds bidders of the insurance requirements that may be imposed by this solicitation and provides samples of some of the forms that they may be required to produce prior to being awarded an agreement.

Initial Certification

Bidder acknowledges that they have reviewed and understands the insurance requirements for this solicitation as described in Attachment 18, Sample Contract, Exhibit G, Insurance Requirements.

Bidder acknowledges that they have reviewed and understands the sample insurance forms provided with this attachment.

Bidder certifies that, if awarded an agreement, the bidder shall provide the DSH with all required insurance documents as may be applicable, in a timely manner. This includes, but may not be limited to:

Certificates of insurance showing the bidder’s insurance coverage types and limitations, Proof that the bidder has insured the State of California, its officers, employees, and agents. Bidder further understands that this proof shall come in the form of either:

An endorsement to the bidder’s insurance policy (Form CG 20 10 11 85 or as broad as), A copy of the bidder’s current insurance policy that shows that the policy already insures all parties required to be insured by this Agreement.

Bidder certifies that, should Commercial General Liability insurance be required, and should the bidder use a subcontractor to complete a portion of this Agreement, the bidder shall either:

Include the subcontractor as an additional named insured under the bidder’s policy, Ensure that each subcontractor is insured under their own Commercial General Liability policy.

Bidder acknowledges that they understand that the DSH reserves the right, at its sole discretion, to cancel a proposed award to a bidder who does not submit the required documentation described herein.

Bidder acknowledges that a Payment Bond will be required if the quoted amount is over $25,000. Bidder agrees to complete the STD807 provided bond form upon award.

Bidder acknowledges that a Performance Bond will be required if the quoted amount exceeds $10,000.00 and progress payments will be made. Bonds must be issued by a California-admitted surety per CCP§995.311.

Bidder’s Bond & Insurance Certification Bidder’s shall provide DSH with a bidder’s bond in one of the following forms of bidder’s security: a cashier’s check, a certified check, or a bidder’s bond executed by an admitted surety insurer and payable to the State agency. The security must be in an amount equal to 10% of the amount bid. A bid must not be considered unless one of the forms of the bidder’s security is enclosed with it (PCC §10167).

Bidders are reminded that there is no requirement to submit proof of insurance with their bid.

Proof of insurance shall only be required of those firms awarded a contract.

ACORD CERTIFICATE

This is a sample insurance certificate.

ENDORSEMENT

Language on this certificate indicating that the State is an additional insured is not sufficient to meet the requirements of Exhibit G.

Department of State Hospitals – Napa Project Management Unit

2100 Napa Vallejo Highway Napa, CA 94558

INSURED

The name in this box MUST match the name listed in the PAYEE’S LEGAL BUSINESS NAME field on the Std. 204.

TYPE OF INSURANCE and LIMITS Each required insurance type, with the exception of Worker’s Compensation and Professional Liability, must be listed on the certificate.

POLICY EXP.

All required insurance types must be active (not expired). If an insurance policy expiration date is impending, awarded firms are advised to be ready to submit an updated certificate with the renewal dates.

CERTIFICATE HOLDER

This box must be completed as indicated in Exhibit G, section 4.

“BLANKET ENDORSEMENT”

Section g. is an example of an existing insurance policy that contains a provision naming a contracted party an additional insured.

POLICY OR FORM NUMBER

Like a blanket endorsement, this traditional endorsement must be reconcilable to the insurance certificate.

A policy or form number that is also referenced on the insurance certificate must be present on the endorsement.

Department of State Hospitals – Napa

Project Management Unit 2100 Napa Vallejo Highway

Napa, CA 94558

ADDITIONAL INSURED LANGUAGE

As required in Exhibit G, the “State of California, its officers, employees, and agents” must be listed as the additional insured parties. However, this endorsement may be limited to just the operations under the Agreement.

ATTACHMENT 7 – DARFUR CONTRACTING ACT CERTIFICATION

Public Contract Code sections 10475 - 10481 applies to any company that currently or within the previous three years has had business activities or other operations outside of the United States. For such a company to bid on or submit a proposal for a State of California contract, the company must certify that it is either a) not a scrutinized company; or b) a scrutinized company that has been granted permission by the Department of General Services to submit a proposal or bid.

If your company has not, within the previous three years, had any business activities or other operations outside of the United States, you do not need to complete this form.

OPTION #1 - CERTIFICATION

If your company, within the previous three years, has had business activities or other operations outside of the United States, in order to be eligible to submit a bid or proposal, please insert your company name and Federal ID Number and complete the certification below.

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that a) the prospective proposer/bidder named below is not a scrutinized company per Public Contract Code section 10476;

and b) I am duly authorized to legally bind the prospective proposer/bidder named below. This certification is made under the laws of the State of California.

Company/Vendor Name (Printed) Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

Date Executed Executed in the County and State of

OPTION #2 – WRITTEN PERMISSION FROM DGS

Pursuant to Public Contract Code section 10477, subsection (b), the Director of the Department of General Services may permit a scrutinized company, on a case-by-case basis, to bid on or submit a proposal for a contract with a state agency for goods or services, if it is in the best interests of the state. If you are a scrutinized company that has obtained written permission from the DGS to submit a bid or proposal, complete the information below.

We are a scrutinized company as defined in Public Contract Code section 10476, but we have received written permission from the Department of General Services to submit a bid or proposal pursuant to Public Contract Code section 10477, subsection (b). A copy of the written permission from DGS is included with our bid or proposal.

Company/Vendor Name (Printed) Federal ID Number

Initials of Submitter

Printed Name and Title of Person Initialing

ATTACHMENT 8 – LABOR CODE CERTIFICATION

By my signature hereunder, as Contractor, I certify to the following, under the penalty of perjury under the laws of the State of California:

A. I am 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 provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.

B. It is hereby mutually agreed that the Contractor shall forfeit to the State a penalty of two hundred dollars for each calendar day, or portion thereof, for each worker paid by him or her, or subcontractor under him or her, less than the prevailing wage so stipulated and in addition the Contractor further agrees to pay to each worker the difference between the actual amount paid for each calendar day, or portion thereof, and the stipulated prevailing wage rate for the same. This provision shall not apply to properly registered apprentices.

C. It is further agreed that the maximum hours a worker is to be employed is limited to eight hours a day and 40 hours a week and the Contractor shall forfeit, as a penalty to the State, Twenty-Five Dollars for each worker employed in the execution of the contract for each calendar day during which a worker is required or permitted to labor more than eight hours in any calendar day or more than 40 hours in any calendar week, in violation of Labor Code Sections 1810-1815, inclusive.

D. Travel and subsistence payments shall be paid to each worker needed to execute the work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.

E. Properly registered apprentices may be employed in the prosecution of the work. Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he or she is employed and shall be employed only at the work of the craft or trade to which he or she is registered. The contractor and each subcontractor must comply with the requirements of Labor Code Section 1777.5 and any related regulations regarding the employment of registered apprentices.

F. Each Contractor and subcontractor shall comply with Labor Code Section 1776 regarding record keeping.

Contractor name: License No.:

Address: City___________________________

Signature: Federal Employer I.D. No.:

Printed Name: Title:

ATTACHMENT 9 – BIDDER’S ACKNOWLEDGEMENT TO PAY PREVAILING WAGE RATES

(For bid over $25,000.00)

________________________________________acknowledges that State General Prevailing Wage Print Name of Bidder

Rates will apply for the County in which the work is to be performed.

If awarded this Agreement, I acknowledge it will be my responsibility to ensure the payment of appropriate prevailing wages rates to all employees who participate on this Agreement throughout the duration of this Agreement (Labor Code § 1174).

Bidder’s Signature Date

ATTACHMENT 10 – NON-COLLUSION DECLARATION

(Must be Notarized)

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).

Signature: __________________________________ Date: ____________________

ATTACHMENT 11 – BIDDER DECLARATION FORM (GSPD-05-105)

Form is located at the following web address:

Bidder Declaration (ca.gov)

ATTACHMENT 12 – CONTRACTOR CERTIFICATION CLAUSES 04/2017

Form is located at the following web address:

Standard Contract Language (ca.gov)

ATTACHMENT 13 – PAYEE DATA RECORD (STD 204)

Form is located at the following web address:

PAYEE DATA RECORD (ca.gov)

ATTACHMENT 14 – DVBE DECLARATIONS FORM (STD 843)

Note: this only applies if a bidder or a subcontractor is a DVBE Form is located at the following web address:

http://www.documents.dgs.ca.gov/pd/poliproc/STD-843.pdf

ATTACHMENT 15 – CALIFORNIA CIVIL RIGHTS CERTIFICATION

Note: this only applies for contracts $100,000.00 and above.

Form is located at the following web address:

https://www.documents.dgs.ca.gov/dgs/FMC/DGS/OLS004.pdf

ATTACHMENT 16 – NONDISCRIMINATION COMPLIANCE STATEMENT FORM (STD 19)

Form is located at the following web address:

http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std019.pdf

ATTACHMENT 17 – SMALL BUSINESS PREFERENCE AND CERTIFICATION REQUEST

(For Construction Contractors Only)

Form is located at the following web address:

http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std811.pdf

ATTACHMENT 18 – GENAI DISCLOSURE AND FACTSHEET

Form is located at the following web address:

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf

A T

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Contractor/Bidder Firm Name (Printed) Federal ID Number

Date Executed Executed in the County of

By (Authorized Signature)

Printed Name and Title of Person Signing

CONTRACTOR CERTIFICATION CLAUSES

1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.)

2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:

a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.

b. Establish a Drug-Free Awareness Program to inform employees about:

1) the dangers of drug abuse in the workplace;

2) the person's or organization's policy of maintaining a drug-free workplace;

3) any available counseling, rehabilitation and employee assistance programs; and,

4) penalties that may be imposed upon employees for drug abuse violations.

c. Every employee who works on the proposed Agreement will:

1) receive a copy of the company's drug-free workplace policy statement; and, ATTACHMENT 12 – CONTRACTOR CERTIFICATION CLAUSES 04/2017

Contractor Certification Clause

CCC 04/2017

CERTIFICATION

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.

3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.)

4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO

REQUIREMENT: Contractor hereby certifies that Contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.

Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.

Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services.

5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.

6. SWEATFREE CODE OF CONDUCT:

a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor.

The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.

b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records, documents, agents or employees, or premises if reasonably

2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)

7. DOMESTIC PARTNERS: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.3.

8. GENDER IDENTITY: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.35.

DOING BUSINESS WITH THE STATE OF CALIFORNIA

The following laws apply to persons or entities doing business with the State of California.

1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code §10410):

1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.

2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Pub. Contract Code §10411):

1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.

2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420)

Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))

2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor’s compliance with the requirements under paragraph (a).

Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)

3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)

4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.

5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:

a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled.

b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.

c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.

6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity.

ATTACHMENT 13 – PAYEE DATA RECORD (STD 204)

ATTACHMENT 14 – DVBE

DECLARATIONS FORM (STD 843)

STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES

CALIFORNIA CIVIL RIGHTS LAWS ATTACHMENT OFFICE OF LEGAL SERVICES

DGS OLS 04 (Rev. 01/17)

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 toany 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 theCivil 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 arenot 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.

By (Authorized Signature)

Printed Name and Title of Person Signing

Executed in the County of Executed in the State of

Date Executed

Proposer/Bidder Firm Name (Printed) Federal ID Number

IFB Number: 24-42017-000 Generator Stack Extension

INVITATION FOR BID (IFB)

Notice to Prospective Bidders

IFB Number: 24-42017-000 “Generator Stack Extension”

December 05, 2024

You are invited to review and respond to this Department of State Hospitals (DSH) – Napa solicitation. The DSH is seeking bids for a contractor to perform Generator Stack Extension, as designed in the attached J.C. Chang and Associates (JCCA) drawings and structural calculations.

This is a “public works” project as defined in Labor Code 1720. Contractor and its Subcontractor shall be registered with Department of Industrial Relations (DIR) pursuant to Labor Code 1725.5, subd. (f) and must pay prevailing wage per Labor Code 1771.

In submitting a bid, bidders agree that they have read, understood, and will comply with the instructions found herein. Failure to comply with any of the requirements may result in rejection of a bidder’s bid. By submitting a response, bidders agree to the terms and conditions stated in this solicitation and any resulting agreement.

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. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. 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 rejection of the Contractor’s bid any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

All agreements entered into with the State of California will include by reference the state’s General Terms and Conditions and Contractor Certification Clauses that may be viewed and downloaded at: http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx.

This official bid solicitation is only published online at the California E-Procure, FI$Cal web site at: https://caleprocure.ca.gov/pages/index.aspx. To ensure receipt of any addenda that may be issued, and answers to questions posed, you must register online at https://caleprocure.ca.gov/pages/BidderRegistration-BS3/bidder-registration-1.aspx.

Revision 09-05-2023

INVITATION FOR BID

Department of State Hospitals Napa

TABLE OF CONTENTS

I. DESCRIPTION OF SERVICES

A. Description of Services/Background:

B. Agreement Term and Security Provisions:

II. MINIMUM QUALIFICATIONS (MQ)

A. Proof of Legal Right To Do Business:

B. References:

C. Agreement to Sign:

D. Department of Industrial Relations (DIR) Registration:

E. GenAI Requirements:

F. Contractor License Requirements:

G. Work Experience:

III. BID REQUIREMENTS AND INFORMATION

A. Key Action Dates:

B. Bidder’s Conference:

C. Bidder’s Questions:

D. Submission of Bids:

IV. BID EVALUATION AND AWARD

A. Review of Bid Requirements:

B. Responsiveness and Responsibility Determination:

C. False Statements Disclaimer:

D. Intention to Award:

E. Tie Breaker:

F. Award:

G. Disposition of Bids:

H. Tax Delinquency Disclaimer:

V. PREFERENCE AND INCENTIVE PROGRAMS

A. Small Business Preference:

B. Disabled Veteran Business Enterprise Program and Incentive:

C. Calculation of Multiple Preferences:

D. Other Preference Programs:

E. Additional Small Business and Disabled Veteran Enterprise Information:

VI. REQUIRED ATTACHMENTS

A. Listing of Attachments:

ATTACHMENT 1 – BID SUBMISSION CHECKLIST

ATTACHMENT 2 – BIDDER’S CERTIFICATION

ATTACHMENT 3 – MINIMUM QUALIFICATIONS RESPONSE

ATTACHMENT 4 – BIDDER’S REFERENCES

ATTACHMENT 5 – BIDDER’S RATE SHEET

ATTACHMENT 6 – INSURANCE CERTIFICATION

ATTACHMENT 7 – DARFUR CONTRACTING ACT CERTIFICATION

ATTACHMENT 8 – LABOR CODE CERTIFICATION

ATTACHMENT 9 – BIDDER’S ACKNOWLEDGEMENT TO PAY PREVAILING WAGE RATES . 34

ATTACHMENT 10 – NON-COLLUSION DECLARATION

ATTACHMENT 11 – BIDDER DECLARATION FORM (GSPD-05-105)

ATTACHMENT 12 – CONTRACTOR CERTIFICATION CLAUSES 04/2017

ATTACHMENT 13 – PAYEE DATA RECORD (STD 204)

ATTACHMENT 14 – DVBE DECLARATIONS FORM (STD 843)

ATTACHMENT 15 – CALIFORNIA CIVIL RIGHTS CERTIFICATION

ATTACHMENT 16 – NONDISCRIMINATION COMPLIANCE STATEMENT FORM (STD 19)

ATTACHMENT 17 – SMALL BUSINESS PREFERENCE AND CERTIFICATION REQUEST

ATTACHMENT 18 – GENAI DISCLOSURE AND FACTSHEET

ATTACHMENT 19 – SAMPLE AGREEMENT

DESCRIPTION OF SERVICES

Description of Services/Background:

Contractor shall provide all necessary materials, supplies, tools, equipment, transportation, licenses, permits, prevailing wages, insurance, bonds, and personnel to: provide the DSH with Generator Stack Extension at the Central Plant Building 331, as designed in the attached J.C. Chang and Associates (JCCA) drawings and structural calculations.

Please carefully review and consider the minimum qualifications, and the detailed Scope of Work located in Attachment 19, Sample Agreement, Exhibit A, Scope of Work, in order to complete your bid.

Agreement Term and Security Provisions:

The term of any agreement resulting from this IFB is anticipated to be March 01, 2025, through June 30, 2026. Any agreement resulting from this IFB shall have no force or effect until it is signed by both parties and approved by the Department of General Services (DGS), if such approval is required. Performance shall start no later than on the expressed date set by the awarding agency and after all approvals have been obtained and the agreement is fully executed.

All performance, under the agreement, shall be completed on or before the termination date of the agreement.

Should the Contractor fail to commence work at the agreed upon time, the DSH reserves the right to terminate the agreement upon five (5) calendar days written notice to the Contractor.

Bidder shall agree to all security provisions where the performance of work takes place on any state hospital grounds.

MINIMUM QUALIFICATIONS (MQ)

Proof of Legal Right To Do Business:

Bidders must submit proof of their legal right to do business in the State of California:

Bidders must submit a copy of their license to do business in the State of California, where applicable.

2. Bidders must certify that they are and will continue to meet all terms and conditions for operating a business in the city/county in which the business is headquartered.

3. Bidders which are corporations, regardless of where they are incorporated, shall certify they are currently in good standing with the California Secretary of State (SOS).

DSH shall verify that the proposed awardee(s) is in good standing by checking the (SOS) website: https://bizfileonline.sos.ca.gov/search/business.

B. References:

Bidder must submit applicable references:

1. Bidder must provide a list of three (3) references from customers for whom the bidder has provided services of the same nature and type as those outlined in this solicitation. References submitted must be for services provided in the past two (2) years (from the date of this solicitation). If the bidder has provided services to the DSH during this timeframe, one of the references must be from a DSH contract manager or designated representative. Each reference must be able to address each of the following:

i. The bidder’s responsiveness to requests for service.

ii. The bidder’s ability to provide services as compared to his or her agreed upon contract.

iii. The customer’s overall assessment of the bidder’s performance.

The list of references shall include the following:

i. Name of Company

ii. Address

iii. Contact Name and Title

iv. Telephone

v. Email Address

The DSH reserves the right to utilize these references in determining whether a bidder is responsible.

C. Agreement to Sign:

1. The bidder shall certify that, if awarded an agreement, they shall sign and return two

(2) originals of the Standard Agreement signature pages (Std. 213), to be received by the DSH no later than seven (7) calendar days from the date that DSH e-mails the agreement to the email address provided by bidder on the Minimum Qualifications Response Form (Attachment 3). This requirement shall be ten (10) calendar days if the DSH elects to mail the agreement. The DSH reserves the right, at its sole discretion, to require documentation to be submitted in addition to the Std. 213. If the

DSH exercises that right, the contractor must submit all required documentation within the timeframes noted here.

2. The bidder shall further certify that they understand the insurance and bond requirements in Attachment 19, Sample Agreement, Exhibit G, Insurance Requirements, and if awarded an agreement, shall provide the DSH with all required insurance and bond documents as may be applicable, in a timely manner.

3. The DSH reserves the right, at its sole discretion, to cancel a proposed award to a bidder who does not submit the required documentation described herein. Should the DSH cancel a proposed award for this reason, the DSH reserves the right, at its sole discretion, to award the contract to the next lowest, responsive and responsible bidder.

D. Department of Industrial Relations (DIR) Registration:

1. No firm, whether as a contractor or a subcontractor, may be awarded an agreement for Public Works as defined by the Public Contract Code 1101, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

i. This requirement shall apply if the total bid amount exceeds $25,000.00 (Labor Code 1725.5, subd. (f)). If the total bid is $25,000.00 or less, then this requirement does not apply.

2. Any bid that is submitted by a firm that is not currently registered with the Department of Industrial Relations (DIR) as required by Labor Code section 1725.5, or any bid that is submitted by a firm proposing to use subcontractors that are not currently registered with the DIR as required by Labor Code section 1725.5 shall be deemed non-responsive and disqualified, except that:

i. The bidder submits to the DSH, in writing, a claim that they have listed a non-registered subcontractor inadvertently, and the procedures and timeframes stated in prescribed in Labor Code section 1771.1(c) are followed.

ii. The bidder or a proposed subcontractor is registered but has inadvertently allowed their registration to lapse. If, after the bid opening but prior to the evaluation of bids, the firm renews their registration retroactively to prior to the bid due date as permitted by Labor Code section 1725.5(c), that firm may be considered responsive for the purposes of Labor Code section 1725.5 and may be considered for an award.

3. Any resulting agreement shall be subject to compliance monitoring and enforcement by the DIR.

4. Bidder shall provide proof that they, and all proposed subcontractors, are currently registered to perform public works pursuant to Labor Code section 1725.5.

E. GenAI Requirements:

1. The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

2. Bidder/Offeror/Contractor must notify the State in writing if their solution or service includes, or makes available, any GenAI including, GenAI from third parties or subcontractors.

3. The State has developed a GenAI Reporting and Factsheet (STD 1000) to be completed by the Bidder/Offeror/Contractor.

i. Failure to submit the GenAI Reporting and Factsheet (STD 1000) will result in disqualification of the Bidder/Offeror/Contractor.

ii. Failure to report GenAI to the State may void any resulting contract. The State reserves its right to seek any and all relief to which it may be entitled to as a result of such non-disclosure.

4. Upon receipt of a Bidder/Offeror/Contractor GenAI Reporting and Factsheet (STD 1000), the state reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the State.

F. Contractor License Requirements:

1. Bidder must provide a copy of current Contractors State License, (A) General Engineering Contractor License, issued by the California Department of Consumer Affairs, Contractors State License Board.

G. Work Experience:

1. Bidders shall have a minimum of five (5) years’ experience performing Co-Generation Plant Construction Services. Bidders shall submit a statement of capabilities and/or resume.

III. BID REQUIREMENTS AND INFORMATION

A. Key Action Dates:

Event Date Time IFB available to prospective bidders December 05, 2024 11:00AM Due Date to Submit Request to Attend…