24-42017-000_Generator_Stack_Extension.pdf

Department of State Hospitals IFB Number: 24-42017-000 Napa 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 http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx https://caleprocure.ca.gov/pages/index.aspx https://caleprocure.ca.gov/pages/BidderRegistration-BS3/bidder-registration-1.aspx

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

I. DESCRIPTION OF SERVICES

A. Description of Services/Background:

1. 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.

2. 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.

B. Agreement Term and Security Provisions:

1. The term of any agreement resulting from this IFB is anticipated to be January 01, 2025, through June 30, 2025. 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.

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

3. 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.

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

II. MINIMUM QUALIFICATIONS (MQ)

A. Proof of Legal Right To Do Business:

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

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

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 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 December 19, 2024 3:30PM Public Bid Opening December 19, 2024 3:30PM Notice of Intent to Award Posted December 23, 2024 - Anticipated Start Date January 01, 2025 -

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

B. Bidder’s Conference:

1. A Bidder’s Conference is scheduled for 10:00 a.m. on December 12, 2024, at the following address: 2100 Napa Vallejo Hwy, CA 94558. All bidders will sign-in and meet in the designated location and a map of the meeting location will be provided to all potential bidders who have requested to attend the conference. The conference will be for the purposes of viewing the equipment and locations: Reviewing the scope of work and observing the security clearance procedures.

2. This conference is MANDATORY for bidders who did not attend the Bidder’s Conference for IFB #24-42013-000 Generator Stack Extension that was held on November 19, 2024. Notwithstanding part (i) of this section, all bidders must attend the conference to have their bids considered responsive and responsible. Bidders who wish to attend the conference must notify Kristen Brown Kristen.Brown@dsh.ca.gov, Jennifer Adamak Jennifer.Adamak@dsh.ca.gov and DSH-NapaPMU@dsh.ca.gov by 3:00 p.m. on December 11, 2024. This notification must include the first and last name of the proposed attendee.

i. For contractors who attended the Bidder’s Conference for IFB #24-42013-

000 Generator Stack Extension, this conference is OPTIONAL.

3. For interested bidders who need assistance due to a physical impairment, a reasonable accommodation will be provided by the DSH, upon request. Bidders must request the accommodation when requesting to attend the conference as described above.

4. In the event a potential prime contractor is unable to attend the conference, authorized representatives may NOT attend on his or her behalf, unless otherwise directed by the hospital at the time of registration.

5. At the time of the conference, bidders and/or their representatives will be required to bring their driver’s license or other state-issued identification card to be admitted onto hospital grounds. Bidders and/or their representatives will not be admitted onto hospital grounds unless professionally and appropriately dressed in clothing distinct from that worn by patients at the hospital. Bidders are hereby provided notice that the following restrictions will be enforced at the hospital. Failure to abide by any of the restrictions below may result in being barred from the conference:

mailto:Kristen.Brown@dsh.ca.gov mailto:Jennifer.Adamak@dsh.ca.gov mailto:DSH-NapaPMU@dsh.ca.gov

• Bidders will be notified and required to adhere to all COVID guidelines and protocols implemented at the facility based off the “The California Department of State Hospitals COVID-19 Transmission-Based Precautions and Testing” developed in partnership between DSH, and the California Department of Public Health, Healthcare Associated Infections Program.

• Tan and Khaki clothing will prevent entry into patient areas of the hospital. No ties, scarves, or any items worn around the neck.

• Electronic and communication devices such as pagers, cell phones, cameras/micro-cameras, and/or sound recording devices are subject to search within the Secured Treatment Area (STA). Contractor shall not take pictures or video with a camera or phone anywhere on DSH grounds without the consent or presence of the Contract Manager or Bidder’s Conference designee.

6. The representative may only sign-in to represent one (1) company. Subcontractors may not represent a potential prime contractor at a conference. Furthermore, no more than two (2) attendees will be allowed from each company.

7. The conference will start promptly at 10:00 a.m. on December 12, 2024, and late parties will not be allowed entrance to the conference. It is the bidder’s responsibility to be on time. Please plan accordingly.

C. Bidder’s Questions:

1. Bidders shall notify the DSH immediately via e-mail at Kristen Brown

Kristen.Brown@dsh.ca.gov , Jennifer Adamak Jennifer.Adamak@dsh.ca.gov and DSH-NapaPMU@dsh.ca.gov if they need clarification about the services being sought or have questions about the IFB instructions or requirements. The level of detail that shall be provided in response is subject to the availability of DSH resources. The DSH shall respond to all questions via an addendum to the solicitation with all questions and answers posted on Cal e-Procure (www.caleprocure.ca.gov). Note: It is the responsibility of the bidder to check Cal eProcure for questions and/or changes within the IFB as all questions, answers, and addendums will be posted there. The DSH will not be held responsible for inaccurate bids due to bidder’s oversight in reviewing any and all information via Cal eProcure. 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.

2. Verbal comments regarding this IFB are unofficial and are not binding on the DSH unless later confirmed in writing as an official addendum.

mailto:Kristen.Brown@dsh.ca.gov mailto:DSH-NapaPMU@dsh.ca.gov http://www.caleprocure.ca.gov/ https://caleprocure.ca.gov/pages/index.aspx

3. Bidders that fail to report a known or suspected problem with the IFB or fail to seek clarification and/or correction of the IFB, submit a bid at their own risk.

D. Submission of Bids:

1. Physical Submission:

i. All bids must be submitted under a sealed cover and received by the DSH by the date and time shown in Section III, A – Key Action Dates. The sealed cover must be plainly marked with the IFB number and title, and must be marked “DO NOT OPEN,” as shown in the following example:

IFB # 24-42017-000

Generators Stack Extension Services ATTN: Kristen Brown / Jennifer Adamak

Department of State Hospitals - Napa 2100 Napa Vallejo Highway

Napa, CA 94558

DO NOT OPEN

ii. All bids submitted under a sealed cover must clearly and legibly show the bidder’s firm name and address.

iii. Bids not submitted under a sealed cover shall be rejected. A minimum of one (1) original and one (1) copy of the bid must be submitted, and clearly marked.

iv. The bid package should be prepared in the least complicated method. Originals and copies should be bound with binder-clips or staples (no covers, no spiral bindings, etc.). All pages in the bid must be standard 8.5" x 11" paper, except charts, diagrams, etc., which may be foldouts. If foldouts are used, the folded size must fit within the 8.5" x 11" format. Double-sided printing is preferred except for required attachments numbers 1 through 18 of this IFB, which must be printed single-sided. It is the bidder’s responsibility to ensure that his or her bid is submitted in a manner that enables the DSH to easily locate all response descriptions and exhibits for each requirement of this IFB. Page numbers must be located in the same page position throughout the bid. Note: Attachment 19 should not be returned with the bid.

v. Mail Delivery, Hand Delivery, or Overnight Delivery of bids should be addressed as in Item 1.i. above.

2. Signature Requirements:

i. All documents requiring a signature must bear an original signature of a person authorized to bind the bidding firm.

ii. An individual who is authorized to bind the bidder contractually shall sign the

Bidder Certification Sheet. The signature should indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected.

3. General Contents:

i. All bids shall include all of the documents identified in Section VI, Required

Attachments, Attachment 1, Bid Submission Checklist.

ii. Bids should provide straightforward and concise descriptions of the bidder's ability to satisfy the requirements of this IFB. The bid must be complete and accurate. Omissions, inaccuracies or misstatements will be sufficient cause for rejection of a bid.

iii. Bids must be submitted for the performance of all the services described herein.

Any deviation from the work specifications will not be considered and shall cause a bid to be rejected.

iv. A bid shall be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The DSH may reject any or all bids and may waive an immaterial deviation in a bid. The DSH’s waiver of an immaterial defect shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the agreement.

v. Before submitting a response to this solicitation, bidders should review, correct all errors, and confirm compliance with the IFB requirements.

vi. Where applicable, bidders must carefully examine work sites and specifications.

Bidders shall investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered. No additions or increases to the agreement amount will be made due to a lack of careful examination of work sites and specifications.

4. General Considerations:

i. No oral understanding or agreement shall be binding on either party.

ii. Costs for developing bids in anticipation of award of the agreement are entirely the responsibilities of the bidder and shall not be charged to the State of California.

5. Withdrawing and Resubmitting:

i. A bidder may modify a bid, after its submission, by withdrawing their original bid package and resubmitting a new bid package prior to the bid submission deadline. Bidders modifications offered in any other manner, oral or written, will not be considered. If a bidder submits a second bid package without withdrawing the first as described herein, both packages shall be considered non-responsive.

ii. A bidder may withdraw their bid by submitting a written withdrawal request to the

DSH – Contracts Office, signed by the bidder or an authorized agent. A bidder may thereafter submit a new bid package prior to the bid submission deadline.

Bids may not be withdrawn without cause, subsequent to the bid submission deadline. The DSH Contracts Office is located at:

Department of State Hospitals – Napa

Attn: Project Management Unit

6. Modification and Rejections:

i. The DSH may modify the IFB, prior to the solicitation due date and time, by the issuance of an addendum to all parties who received a solicitation package.

ii. The DSH reserves the right to reject all bids. The DSH is not required to award an agreement.

iii. The DSH does not accept alternate contract language from a prospective contractor, unless offered through the Question-and-Answer period. A bid with alternate contract language will be considered a counter proposal and will be rejected. The DSH’s terms and conditions are not negotiable. Bidders are hereby advised that proposals of alternate contract language or attempts to negotiate the DSH’s Terms and Conditions after the selection of a proposed awardee shall be considered a counter proposal for the purposes of this solicitation. In such a situation, the DSH shall notify the proposed awardee that they must accept the DSH’s language and terms as offered or be disqualified from being awarded a contract. Should a contractor fail to accept the language and terms offered, the DSH shall disqualify that vendor and award the contract to the next lowest bidder after issuing a revised Notice of Intent to Award, if applicable.

IV. BID EVALUATION AND AWARD

A. Review of Bid Requirements:

1. At the time of the bid opening, each bid will be opened, read aloud, and checked for preference and incentive requests.

B. Responsiveness and Responsibility Determination:

2. After the bid opening, the DSH will evaluate each bid to determine its responsiveness and each bidder’s responsibility to the published requirements of this IFB.

3. A responsive bidder is one who submits a bid that meets all of the submission requirements and minimum qualification requirements stated in the IFB. A responsible bidder is one that is trustworthy and possesses the necessary quality, fitness and capacity to satisfactorily perform the proposed work. Bidders who are determined to not be responsible or who submit non-responsive bids shall have their bids rejected.

4. Responsive bids shall be considered evidence of the proposer’s responsibility. The

DSH reserves the right to reevaluate a bidder’s responsibility prior to award and is in no way limited to submitted bid packages in making a determination as to a bidder’s responsibility. In determining whether a bidder is responsible, the DSH may require bidders to submit further evidence of their qualifications at such times, and under such conditions, as it may require.

C. False Statements Disclaimer:

1. Bids that contain false or misleading statements, or which provide references which do not support an attribute or condition claimed by the bidder, may be rejected.

D. Intention to Award:

1. The DSH intends, if an award is made, to award to the lowest responsive and responsible bidder in accordance with Section V, Preference and Incentive Programs.

E. Tie Breaker:

1. Should two or more bidders submit bids that, after the calculation of preferences as described in Section V, Preference and Incentive Programs, result in a tie, the DSH shall resolve the tie as follows:

i. In accordance with Government Code section 14838, subdivision (g), in the event of a precise tie between a small business or microbusiness, and a disabled veteran-owned small business or microbusiness, the agreement shall be awarded to the disabled veteran-owned small business or microbusiness.

ii. In accordance with the California Code of Regulations, title 2, section 1896.6, if, after the application of the small business preference, the bid of the small business is equal to the lowest priced bid from a responsible non-small business, the agreement shall be awarded to the small business.

iii. In all other circumstances a coin toss witnessed by two DSH admin staff shall determine the proposed awardee.

F. Award:

1. Whenever an agreement is awarded under a procedure which provides for competitive bidding, but the agreement is not to be awarded to the low bidder, the low bidder shall be notified by telegram, electronic facsimile transmission, overnight courier, electronic mail, or personal delivery five (5) working days prior to the award of the agreement.

2. Upon written request by any bidder, notice of the proposed award shall be posted in a public place in the office of the awarding agency at least five (5) working days prior to awarding the agreement.

G. Disposition of Bids:

1. Upon bid opening, all documents submitted in response to this IFB will become the property of the State of California and will be regarded as public records under the California Public Records Act (Government Code section 6250, et seq.) and subject to review by the public. Should a bidder desire to keep any or all components of their response to this IFB confidential, the bidder would need to obtain a protective order from a court of competent jurisdiction.

H. Tax Delinquency Disclaimer:

1. Pursuant to the Public Contract Code section 10295.4, persons or companies identified as the largest tax delinquents by the Franchise Tax Board (FTB) or the California Department of Tax and Fee Administration (CDTFA) are ineligible to enter into any agreement with the state for non-IT goods or services. Any agreement entered into in violation of section 10295.4 is void and unenforceable.

Prior to executing any state agreement or renewal for non-IT goods or services, the DSH shall verify that the proposed awardee(s) is not on a prohibited list by checking both the FTB and CDTFA websites. The established lists can be found at:

i. FTB: https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/corporate-income-tax-list.html

ii. CDTFA: https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm

V. PREFERENCE AND INCENTIVE PROGRAMS

A. Small Business Preference:

1. In accordance with Government Code section 14838, et seq. and California Code of

Regulations, title 2, section 1896.6, et seq., a five (5) percent preference will be granted to bidders properly certified as a California Small Business (SB), Microbusiness (MB), or Non-Small Business (NSB) with a Small Business subcontracting for a minimum of 25% of the bid amount. A five (5) percent preference https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/corporate-income-tax-list.html https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/corporate-income-tax-list.html https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm will be granted to bidders certified as a Non-Profit Veteran Service Agency in accordance with the Military and Veterans Code sections 999.50 and 999.51.

Applications must be on file at the Office of Small Business and Disabled Veteran Business Enterprise Certification by 5:00 p.m. on bid opening day. SB, MB, or NSB certification will be verified by DSH. The preference adjustment for awards based on low price cannot exceed $50,000.00.

2. Small Business Preference Example (Single Award):

Bidder A Bidder B Bidder C Bidder Status NSB NSB w/ 25% SB

Preference Applicable? X X Original Bid Amount $100,000 $105,000 $102,500

Apparent Low Bid X Pref. Amount (5% of Low

Bidder) $0 $5,000 $5,000

Revised Bid $100,000 $100,000 $97,500 Revised Lowest Bidder X

3. Explanation of Example:

The lowest bidder at the time of bid opening is Bidder A, which is a NSB not claiming a SB subcontracting preference. Since both Bidder B and Bidder C claim a SB Preference, five (5) percent of Bidder A’s bid is subtracted from those of Bidder B and C. In the example above, five (5) percent of $100,000 is $5,000. After applying these preferences, Bidder C’s revised bid ($97,500) is less than the other bids, making them the revised apparent low bidder.

Note: since the preferences are used only for computation purposes to determine the successful bidder, if an agreement was awarded to Bidder C, it would be at the original $102,500 amount.

B. Disabled Veteran Business Enterprise Program and Incentive:

1. The DSH hereby waives the mandatory Disabled Veteran Business Enterprise (DVBE) participation requirement for this IFB.

2. An incentive for bidders who include DVBE participation is available and encouraged for this IFB. For evaluation purposes only, DSH shall apply an incentive to bids that include California certified DVBE participation. The incentive amount will vary in conjunction with the percentage of DVBE participation in accordance with the following formula:

DVBE Incentive Participation DVBE

Incentive

5% or Over 5% 4% to 4.99% Inclusive 4% 3% to 3.99% Inclusive 3% 2% to 2.99% Inclusive 2% 1% to 1.99% Inclusive 1%

3. The net bid price of responsive bids with DVBE participation will be reduced (for evaluation purposes only) by the amount of DVBE incentive as applied to the lowest responsive net bid price. If the #1 ranked, responsive and responsible bid is a California certified small business, the only bidders eligible for the incentive will be other California certified small businesses. The incentive adjustment for awards based on low price cannot exceed 5% or $50,000.00, whichever is less, of the #1 ranked net bid price. When used in combination with a Small Business preference adjustment, the cumulative adjustment amount cannot exceed $100,000.00.

4. Information submitted by the bidder to claim the DVBE incentive will be verified by the DSH. Only the DVBEs who shall perform a commercially useful function relevant to the Scope of Work included in this IFB may be used to qualify the bidder for a DVBE incentive. All DVBE bidders and their proposed subcontractors must submit a copy of the DVBE Declarations Form (Std. 843). See Attachment 14.

5. Disabled Veteran Business Enterprise Inventive Example (Single Award):

Bidder A Bidder B Bidder C Bidder Status NSB NSB w/ 3% DVBE

Incentive Applicable? X X Original Bid Amount $100,000 $105,000 $102,500

Apparent Low Bid X Incentive Qualified 3% 5%

Incent. Amount (% of Low Bidder) $0 $3,000 $5,000

Revised Bid $100,000 $102,000 $97,500

6. Explanation of Example:

The lowest bidder at the time of bid opening is Bidder A, which is a NSB not claiming a DVBE subcontracting incentive. Bidder B claims (and qualifies for) a DVBE incentive of three (3) percent. Bidder C is a DVBE, which qualifies them for a five (5) percent incentive. To apply the incentive, three (3) percent of Bidder A’s bid is subtracted from Bidder B’s bid, resulting in a revised bid of $102,000. Five (5) percent of Bidder A’s bid is subtracted from Bidder C’s bid, resulting in a revised bid of $97,500. After applying the incentives, Bidder C’s revised bid ($97,500) is less than the other bids, making them the revised apparent low bidder.

Note: since the preferences are used only for computation purposes to determine the successful bidder, if an agreement was awarded to Bidder C, it would be at the original $102,500 amount.

C. Calculation of Multiple Preferences:

7. In the event that bidders qualify for the SB preference and/or the DVBE incentive, the

SB preference shall be calculated first. In circumstances where the DSH will award a single agreement as a result of this solicitation, in accordance with Government Code section 14838, subdivision (g), the DVBE incentive will not be calculated if, after the application of the SB preference, an SB bidder is the apparent low bidder unless another SB bidder is also a DVBE or has subcontracted with DVBE firms.

Note: in accordance with Government Code section 14838, subdivision (g), in the event of a precise tie between a small business or microbusiness, and a disabled veteran-owned small business or microbusiness, the agreement shall be awarded to the disabled veteran-owned small business or microbusiness.

8. Example of the Calculation of Multiple Preferences:

Bidder A Bidder B Bidder C Bidder D

Bidder Status NSB NSB w/

25% DVBE SB

SB Pref. Applicable? X X Original Bid Amount $100,000 $105,500 $103,000 $106,000

Apparent Low Bid X SB Pref. Amt. (5% of Low

Bid) $0 $5,000 $0 $5,000

Revised Bid $100,000 $100,500 $103,000 $101,000 Revised Lowest Bidder X

DVBE Incentive Applicable? X Incentive Qualified 5%

Incent. Amt. (% of Low Bid) $0 $0 $5,000 $0 Revised Bid $100,000 $100,500 $98,000 $101,000

D. Other Preference Programs:

1. Additional preference programs exist and may be applicable. Specifically, the Target Area Contract Preference Act (TACPA). For information regarding these programs please see the following website: https://www.dgs.ca.gov/PD/Services/Page- Content/Procurement-Division-Services-List-Folder/Request-Target-Area-Contract- Preference?search=tacpa.

E. Additional Small Business and Disabled Veteran Enterprise Information:

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-Target-Area-Contract-Preference?search=tacpa https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-Target-Area-Contract-Preference?search=tacpa https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-Target-Area-Contract-Preference?search=tacpa

1. Adherence to the DVBE Requirements:

i. Failure of Contractor to seek substitution and adhere to the DVBE participation level identified in the bid or offer may be cause for agreement termination, recovery of damages under rights and remedies due to the State, and penalties as outlined in Military & Veterans Code section 999.9; Public Contract Code section 10115.10 or Public Contract Code section 4110 (applies to public works only). Contractor must immediately notify the DSH’s SB/DVBE Advocate that the substitution of a DVBE subcontractor is requested.

ii. Failure of Contractor to adhere to the certification requirements of Military and Veterans Code section 999.5, subdivision (d) may be used as evidence of the bidder’s non-responsibility in future solicitations.

2. Commercially Useful Function (CUF) Disclaimer

Each certified SB/MB or DVBE must perform a commercially useful function. Bidders who are found to not be performing a CUF will have their bids deemed non-responsive. A SB/MB or DVBE is deemed to perform a commercially useful function when the business does all the following:

iii. Is responsible for the execution of a distinct element of the work of the agreement.

iv. Carries out its obligation by actually performing, managing, or supervising the work involved.

v. Performs work that is normal for its business services and functions.

vi. Is responsible, with respect to products, inventories, materials, and supplies required for the agreement, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment.

vii. Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices.

Agreements resulting from this solicitation shall afterwards be monitored for compliance with CUF for the duration of the agreement.

VI. REQUIRED ATTACHMENTS

A. Listing of Attachments:

1. Refer to the following list for additional attachments that are a required part of this solicitation.

Attachment 1 Quote 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 Certification Attachment 7 Darfur Contracting Act Certification Attachment 8 Labor Code Certifications Attachment 9 Bidder’s Acknowledgement to Pay Prevailing Wage Rates Attachment 10 Non-Collusion Declaration Attachment 11 Bidder Declaration Form (GSPD-05-105) Attachment 12 Contractor Certification Clauses (CCC 04/2017) Attachment 13 Payee Data Record (Std. 204) Attachment 14 DVBE Declarations Form (Std. 843) Attachment 15 California Civil Rights Law Certification Attachment 16 Nondiscrimination Compliance Statement (STD. 19) Attachment 17 Small Business Preference and Certification Request Attachment 18 GenAI Disclosure and Factsheet Attachment 19 Sample Standard Agreement (Std. 213 and Exhibits)

Note: Attachment 19 is included for reference only. Only the successful bidder will submit these documents, when requested by DSH.

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 https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_1.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.documents.dgs.ca.gov/dgs/FMC/PDF/Std204.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf

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) https://www.documents.dgs.ca.gov/dgs/FMC/DGS/OLS004.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std019.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std811.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf

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:

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

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

References included?

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.

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?

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?

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?

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

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 $ $

SUBTOTAL: $

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)

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

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…