SPECIFICATION NO. 25-04

CONTRACT NO. C51679

BID, CONTRACT AND SPECIFICATIONS

AGRICULTURAL ROAD CROSSING NO. 4

(ARC 4) – FISH PASSAGE

TULE CANAL – YOLO BYPASS

State Water Facilities Division of Integrated Science and Engineering Yolo County California

2026 CALIFORNIA NATURAL RESOURCES AGENCY

DEPARTMENT OF WATER RESOURCES

STATE OF CALIFORNIA

INTRODUCTORY

INFORMATION

Notice to Contractors

00002-1 C-22

DOCUMENT 00002

NOTICE TO CONTRACTORS

CALIFORNIA NATURAL RESOURCES AGENCY

Sealed bids for

AGRICULTURAL ROAD CROSSING NO. 4 (ARC 4)

– FISH PASSAGE

TULE CANAL – YOLO BYPASS

STATE WATER FACILITIES

DIVISION OF INTEGRATED SCIENCE AND ENGINEERING

YOLO COUNTY

CALIFORNIA

will be received by the Department of Water Resources at the California Natural Resources Agency Headquarters, 715 P Street, Sacramento, California 95814, between 12:00 P.M. and not later than 2:00 P.M. on WEDNESDAY, MAY 20, 2026. A public bid opening will be conducted live at an announced location in the vicinity of such office and via webinar.

NOTE: Bidders/Visitors shall allow sufficient time for checking in with

Security upon entering main floor of the California Natural Resources Agency Headquarters. Bids will be accepted and timestamped in the main lobby of the California Natural Resources Headquarters.

Please refer to Document 00200 – Instructions to Bidders, for additional information.

Bid forms for this work are provided in a separate booklet titled BID FORM.

Bids will be considered only if submitted for all the work required for the above project. The work is defined in Section 01110 – Summary of Work.

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A. This project will replace the earthen crossing with a precast concrete bridge providing vehicle and equipment access to and from agricultural fields on the east and west of Tule Canal.

B. This project includes the following principal features:

1. Install and remove Environmental Exclusion Fencing.

2. Install and remove Turbidity Curtain.

3. Removal and Relocation of surplus existing rock slope protection (RSP) Material, which includes the removal and relocation of surplus on site existing RSP surcharge material.

4. Install and remove Temporary Cofferdam.

5. Dewater within area enclosed by the cofferdams.

6. Furnish, erect and construct precast prestressed concrete bridge with steel pipe pile foundation.

7. Remove, stockpile, and place the existing RSP surcharge material on site. The existing surcharge RSP material will be reused at the bridge abutments and on the slope of channel as shown.

8. Install irrigation pipes along outsides of bridge and underground.

9. Improve roads that connect to the bridge.

10. Remove existing metal piles as shown.

11. Remove existing crossing as shown.

12. Remove existing culverts underneath the existing crossing as shown.

Quantities of work, materials, and equipment required for completion of the work are specified in Document 00410 – Bid Schedule.

1. LICENSING

Bidders shall be licensed for the work as required by the Business and Professions Code. Contractor’s license classification(s) for this work:

A .

2. BIDDING

Submit requests for drawings and specifications for the project by e-mail to doe_specs@water.ca.gov.

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Submit questions or requests for clarification by email to doe_specs@water.ca.gov. at least 5 days before the scheduled opening of bids. Responses, if appropriate, will be sent to all prospective bidders.

3. SITE INSPECTION TRIP

An inspection trip for prospective bidders will be conducted at the work site, as per Document 00003 – Notice of Inspection Trip.

4. DVBE AND SMALL BUSINESS PARTICIPATION

Participation by Disabled Veteran Business Enterprises (DVBE) and qualification for Small Business Preference shall be as provided by Document 00206 – Instructions for DVBE Goal and Incentive and Document 00201 – Instructions for Small Business Preference. A DVBE incentive will be applied during bid evaluation in accordance with Document 00206, Paragraph 2 – DVBE Incentive.

In addition, the Department has set a 25 percent Small Business Enterprise (SBE) participation goal in its contracting and is tracking Small Business participation in its contracts. The Department encourages bidders to explore certification as a Small Business and/or Disabled Veteran Business Enterprise and to utilize certified Small Business and Disabled Veteran Business Enterprises during the contract term.

The Department of General Services, Procurement Division, Office of Small Business and DVBE Services:

Certification information:

https://caleprocure.ca.gov/pages/sbdvbe-index.aspx

Database of certified SB/DVBE Firms:

https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx

5. PREBID BRAND AND TRADE NAME REQUESTS

Pursuant to Public Contract Code section 10129, alternatives to a designated material, product, thing, or service by specific brand or trade name that are of equal quality and of required characteristics for the purpose intended may be proposed during the bidding period, provided the bidder complies with the following:

A. Proposals for alternatives to a designated material, product, thing, or service, requested during the bidding period, shall be submitted to the https://caleprocure.ca.gov/pages/sbdvbe-index.aspx https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx

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Department via email to doe_specs@water.ca.gov, not later than 14 days prior to the date and time of the bid opening.

B. Proposals shall be accompanied by complete information and descriptive data necessary to determine equality of the material, product, thing or service. Samples shall be provided when requested by the Department. Burden of proof as to availability, comparative quality, suitability, and performance of the material, product, thing, or service shall be upon the bidder. The Department will be the sole judge as to such matters. If the proposal is accepted, bidders will be notified by information letter or addenda.

C. Refer to Document 00706 – Control of Work, Paragraph 5, for substitution requests after issuance of Notice to Begin Work.

6. SUBSTITUTION OF SECURITIES

Pursuant to Public Contract Code section 10263, the successful bidder will be permitted to substitute securities for any moneys withheld by the Department as provided by Public Contract Code section 10261.

7. PREQUALIFICATION

All bidders shall be prequalified by the Department. Bid forms will be furnished only to prequalified bidders who meet the requirements of the State Contract Act and Document 00040 – Prequalification.

8. DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION AND

PREVAILING WAGE MONITORING AND ENFORCEMENT

A. Department of Industrial Relations (DIR) registration and prevailing wage monitoring and enforcement shall comply with Document 00703 – Compliance with Applicable Laws and Regulations.

B. Prevailing Wage Rate Determinations rates are on file for inspection at the office of the Department of Water Resources, Contract Coordination Section, 715 P Street, Room 4-407, Sacramento, California 95814 and posted on the website listed on Document 00300 – Information Available.

9. GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI):

A. 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.

mailto:doe_specs@water.ca.gov

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B. Bidder must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.

C. Failure to report GenAI to the State may result in disqualification. The State reserves the right to seek any and all relief to which it may be entitled to as a result of such non-disclosure.

D. Upon notification by a Bidder of GenAI as required, 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.

E. Government Code § 11549.64 defines “Generative Artificial Intelligence (GenAI)” as an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system’s training data.

KARLA A. NEMETH

Director of Water Resources

Dated: April 27, 2026 (Advertisement)

Notice of Inspection Trip

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DOCUMENT 00003

NOTICE OF INSPECTION TRIP

TULE CANAL – YOLO BYPASS

STATE WATER FACILITIES

DIVISION OF INTEGRATED SCIENCE AND ENGINEERING

YOLO COUNTY

CALIFORNIA

An inspection trip for prospective bidders will be conducted at the work site. The inspection trip is expected to take about two hours. Interested parties are requested to schedule their time to attend the job walk. The job walk is not mandatory.

Interested parties are requested to meet WEDNESDAY, MAY 06, 2026 AT 10:00 A.M. at the Tule Jake Road entrance gate access driveway at Old River Road and North Harbor Blvd. (38.602801°, -121.555498°).

From Downtown Sacramento get on US-50 W to Harbor Blvd in West

Sacramento. Take exit 1B from US-50 W and turn right onto Harbor Blvd. The meeting location is approximately 2.1 miles North on Harbor Blvd.

The Department will also provide a virtual inspection trip via self-guided viewing of presentation material. Refer to Document 00300 – Information Available for a list of material available.

Presentation material is for information only. Nothing contained in the presentation material modifies information contained in the plans or specifications, nor is it binding on the Department.

Interested parties are requested to contact the Department at DOE_Specs@water.ca.gov for all inquiries.

mailto:DOE_Specs@water.ca.gov

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Area Map

Vicinity Map

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Meeting Location

Safety Requirements

All attendees are required to provide their own Personal Protective Equipment (PPE).

Required PPE:

• Hard Hats

• Safety Vests

• Work Boots

Optional PPE:

• Safety Glasses.

END OF DOCUMENT

Seals Page

DOCUMENT 00007

SEALS PAGE

TULE CANAL – YOLO BYPASS

STATE WATER FACILITIES

DIVISION OF INTEGRATED SCIENCE AND ENGINEERING

YOLO COUNTY

CALIFORNIA

The technical information of the specifications has been prepared by or under the direction of the following professionals.

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Civil

Registered Civil Engineer Date

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Docusign Envelope ID: 6F76748C-77F5-48C6-9266-46F7FA78585D

4/6/2026

4/3/2026

Seals Page

DOCUMENT 00007

SEALS PAGE

TULE CANAL – YOLO BYPASS

STATE WATER FACILITIES

DIVISION OF INTEGRATED SCIENCE AND ENGINEERING

YOLO COUNTY

CALIFORNIA

The technical information of the specifications has been prepared by or under the direction of the following professionals.

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Geotechnical

Structural

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Docusign Envelope ID: 6F76748C-77F5-48C6-9266-46F7FA78585D

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Table of Contents

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DOCUMENT 00010

TABLE OF CONTENTS

INTRODUCTORY INFORMATION

00001 Cover Sheet 00002 Notice to Contractors 00003 Notice of Inspection Trip 00007 Seals Page 00010 Table of Contents 00015 Drawings 00040 Prequalification

BIDDING REQUIREMENTS

00200 Instructions to Bidders 00201 Instructions for Small Business Preference 00202 Instructions for Non-Small Business Bid Preference for Using

California Certified Small Business Subcontractors/Suppliers 00205 Instructions for California Company Preference 00206 Instructions for Disabled Veteran Business Enterprise (DVBE) Goal and Incentive 00207 Instructions for In-Use Off-Road Diesel Fueled Vehicle List 00300 Information Available

BID FORM

00410 Bid Schedule 00425 Subcontractor List 00427 Bidder Declarations and Certifications 00428 Noncollusion Declaration 00430 Bidder’s Bond 00441 Small Business Preference and Certification Request 00442 Department of General Services, Procurement Division, Small Business Certificate 00443 California Company Preference Form 00444 Request for Non-Small Business Bid Preference for Using

California Certified Small Business Subcontractors/Suppliers 00445 DVBE Participation 00447 DVBE: Broker or Agent 00448 DVBE: Declarations – Equipment Rental 00449 DVBE: Declarations of Meeting and Maintaining Requirement of a

DVBE – Equipment Rental 00450 DVBE: Certification of Commercially Useful Function

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BID FORM – Continued

00451 In-Use Off-Road Diesel Fueled Vehicle List 00455 Byrd Anti-Lobbying Amendment Certification 00457 Debarment and Suspension Certification

CONTRACTING REQUIREMENTS

00520 Contract Form 00610 Performance Bond 00620 Payment Bond

GENERAL CONDITIONS

00700 Abbreviations and Definitions 00701 Safety 00702 Interpretation of the Contract 00703 Compliance with Applicable Laws and Regulations 00704 Contractual Relationship of Parties 00705 Prosecution of Work 00706 Control of Work 00707 Changes 00708 Payments and Retentions 00709 Potential Claims and Claims 00800 Supplementary General Conditions

ADDENDA AND INFORMATION LETTERS

00901 Addenda 00902 Information Letters

DIVISION 1 – GENERAL REQUIREMENTS

01110 Summary of Work 01310 Project Meeting 01322 Contractor’s Schedule 01330 Submittals 01530 Protection of Existing Facilities 01550 Right of Way and Access Restriction 01560 Temporary Traffic Control 01561 Environmental Exclusion Fencing 01570 Environmental Protection 01720 Construction Layout (Surveys)

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DIVISION 2 – SITE CONSTRUCTION

02205 Mobilization and Demobilization 02214 Dewatering 02220 Selective Demolition 02230 Clearing and Grubbing 02260 Sheet Piles 02261 Temporary Cofferdam 02320 Earthwork 02371 Rock Slope Protection 02455 Steel Pipe Piles 02650 Geosynthetic Materials 02666 Turbidity Curtain 02710 Cementitious Treated Permeable Base 02720 Compacted Select Materials 02750 Approach Slab 02925 Seeding and Erosion Control

DIVISION 3 – CONCRETE

03100 Concrete Formwork 03160 Bridge Deck Joint Seal 03210 Concrete Reinforcement 03250 Headed Bar Reinforcement 03300 Cast-in-Place Concrete 03315 Controlled Low Strength Material 03340 Precast Prestressed Voided Concrete Slab 03345 Concrete Finishing and Curing (Bridges) 03770 Distributed Anode System

DIVISION 4 – NOT USED

DIVISION 5 – METALS

05000 Materials and Workmanship 05500 Miscellaneous Metalwork 05610 Welded Steel Pipe 05830 Elastomeric Bearing Pad

DIVISION 6 THROUGH 16 – NOT USED

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APPENDICES

APPENDIX I PRE-WORK SAFETY PLAN

APPENDIX II DEPARTMENT OF INDUSTRIAL RELATIONS (DIR)

APPENDIX III PILE AND DRIVING DATA FORM

APPENDIX IV CONCRETE PLACEMENT CHECK-OUT SHEET

APPENDIX V WELDING PROCEDURE SUBMITTAL – INFORMATION

PACKET

APPENDIX VI APPENDIX II TO PART 200 TITLE 2

Drawings

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DOCUMENT 00015

DRAWINGS

1. DRAWINGS

A. The project shall conform to the drawings as shown on the list of drawings for this project.

Prequalification

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DOCUMENT 00040

PREQUALIFICATION

1. DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION

REQUIREMENTS

A. Prime Contractor: In order to be deemed “qualified” to submit a bid or to be awarded the contract, the Contractor must be a DIR registered contractor at the time of bid and if awarded the contract, must be a DIR registered contractor at all times during the performance of the work.

B. Subcontractors: All subcontractors of any tier must be DIR registered contractors at the time of bid, subject to Labor Code Section 1771.1, and at all times during the performance of the work.

2. SAFETY PREQUALIFICATION

A. Safety prequalification is required. Each bidder shall:

1) Submit to the Department not less than five days prior to the date and time of bid opening, the completed Safety Prequalification Questionnaire (SPQ) on forms furnished by the Department.

2) Be prequalified by the Department at least one day prior to the date and time of the bid opening.

B. Forms may be obtained from the Department at the address specified in Document 00002 – Notice to Contractors.

3. JOINT VENTURE BIDDING REQUIREMENTS: Two or more entities may bid jointly on the work as a legally constituted and licensed joint venture.

A. Each member of the joint venture is prequalified and it has submitted a statement of joint venture in a form approved by the Department, which will be valid only for the contract for which it is submitted.

BIDDING

REQUIREMENTS

Instructions to Bidders

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DOCUMENT 00200

INSTRUCTIONS TO BIDDERS

1. BID FORM

A. Submit the Bid Form and addenda furnished by the Department.

B. The Bid Form is numbered serially and is transferable only upon written approval of the Department. Return the Bid Form and cover page of each addendum within a sealed envelope plainly marked as a bid, and identified as the project to which the bid relates. Bids will be rejected if submitted on other forms or on forms transferred without written approval. Bids may be rejected if the bidder has failed to sign an addendum and enclose it with the bid, and will be rejected if the omitted addendum could have materially changed the prices bid. Bids will be received at the address specified in Document 00002 – Notice to Contractors.

C. In addition to other requirements in the contract relating to bidder qualifications, in order to be deemed “qualified” to submit a bid, the bidder must be a DIR registered contractor at the time of bid.

2. EXAMINATION OF THE WORK

A. Carefully examine the contract, including but not limited to, Bid Documents, General Conditions, Supplementary General Conditions, drawings, specifications, addenda, Document 00300 – Information Available, and all related information and data referenced or otherwise available.

B. Carefully examine and become fully informed of the nature and location of the work, the quantities of work, equipment to be required, and conditions expected to be encountered in performing the work.

Conditions to be examined at the work site include but are not limited to: the character and quality of surface and subsurface conditions and obstacles; the availability of labor, materials and equipment, construction equipment, water, electricity, and access to the work; the uncertainties of weather, river stages, tides and similar natural phenomena; and conditions bearing upon the availability, transportation, handling, storage, and disposal of materials and equipment.

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3. NOTIFICATION REQUIREMENT

A. If a bidder discovers any ambiguities, conflicts, discrepancies, omissions, differing site conditions, or errors in the contract, immediately notify the Department in writing and request modification or clarification. Modifications will be made by addenda. Clarifications will be given by information letter. Oral clarifications are not binding on the Department.

B. If the bidder who is awarded the contract has failed to notify the Department of any discrepancy known prior to the date and time of the bid opening, no additional compensation or time will be allowed by reason of the discrepancy or its later correction.

4. ADDENDA: The Department may modify the contract by issuance of an addendum to all parties who have been furnished the documents for bidding purposes. Sign the cover page of each addendum and enclose with the bid documents.

5. SUBMISSION OF BIDS

A. Completion of Bid Schedule: The total of the bid will be the sum of the total prices of all items in Document 00410 – Bid Schedule. The total price of unit price items will be the product of the unit price and the estimated quantity of the item. In case of discrepancy between the unit price and total price of an item, the unit price governs, provided, that if the unit price is ambiguous, unintelligible, or uncertain for any cause, or is omitted, it is the amount obtained by dividing the amount set forth as the total price by the estimated quantity of the item. Bids must include for each item in Document 00410 – Bid Schedule, a unit price and a total price, and for each lump sum price item, a total price, all in legible figures.

B. Completion of Bid: A bid may be rejected if conditional or incomplete, or if it contains any alterations of form, additions not called for, or other irregularities of any kind, and will be rejected if any such defect or irregularity could have materially changed the prices bid. Bids in which prices are grossly unbalanced with respect to costs may be rejected.

C. Signature by Agents: Agents signing bids must be one of the following:

1) An officer of a corporate bidder authorized to sign contracts on its behalf.

2) A member of a partnership bidder.

3) A person authorized by a power of attorney submitted to the Department prior to the date and time of the bid opening.

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D. Submission of Bid:

1) In-Person Drop Off: Bids will be accepted in person only between the hours specified in Document 00002 – Notice to Contractors.

a. Bids will be time stamped at the time of submission.

2) Overnight Carrier Delivery:

a. Bids submitted via Overnight Carrier Delivery are acceptable, but it is the responsibility of the bidder to ensure Bids are received no later than no later than time and date of the bid opening.

b. Send bids sent via overnight carrier service shall be sent to the following address:

Department of Water Resources Traditional Delivery Section C/O Spec 25-04 Bid Opening 715 P Street, Room 4-407

c. Definition of Overnight Carrier Service: Overnight Carrier Service is a commercial delivery service option that guarantees customers will receive their orders on the next business day, examples of commercial carriers that provide this service include, but are not limited to, Federal Express (FedEx), United Parcel Service (UPS), and General Logistics Systems (GLS).

d. Definition of received: Bids will be considered received by the Department on the date and time the Bid is accepted by the Department’s mailroom. It is the contractor’s responsibility to ensure the delivery will be made before the submission deadline.

e. Delivery Tracking Notification: Submit the Overnight Carrier Service provider tracking information for the submitted bid to doe_specs@water.ca.gov, prior to the date of the Public Bid Opening.

E. Public bid opening will be conducted in person and via webinar. Bidders that do not intend to stay for the public bid opening will be escorted out of the building.

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F. Webinar Information: Microsoft Teams Meeting

1) https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting?rtc=1

a. Meeting ID: 286 891 222 955 1 Passcode: wn23hE96

2) Or call in (audio only):

a. +1 916-573-2034 United States, Sacramento Phone Conference ID: 228 618 634#

G. Multiple Bidding: If a bidder is a party to or submits more than one bid under the same or different names, such bids may be rejected.

H. Tie Bids: When tie bids are received the Department may award the contract by lot.

I. Bid Security:

1) The bid shall be accompanied by one of the following forms of bid security: cash, cashier’s check, certified check, or bidder’s bond;

made payable to the Director of Water Resources. The security shall be at least 10 percent of the total amount of the bid. Bidder’s bond shall conform to Document 00430 – Bidder’s Bond, furnished in the Bid Form and be properly filled out and executed by an admitted surety insurer authorized to transact business in California. Bids not accompanied by one of the above forms of bid security in the proper amount will be rejected.

2) Return of Bid Security: The securities of the three lowest responsible bidders in the form of cash, cashier’s checks, and certified checks specified above, will be held by the Department until the contract has been signed by the successful bidder and returned with the required bonds.

Securities of all other bidders in the form of cash, cashier’s checks, and certified checks will be returned to them within 10 days after award of the contract, and their bidder’s bonds shall be of no further effect.

6. WITHDRAWAL OF BIDS: A bid may be withdrawn by submitting a written request to the Department, signed by the bidder, prior to the date and time of the bid opening. The bidder may submit a new bid prior to the date and time of the bid opening.

https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting?rtc=1 https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting?rtc=1 tel:+19165732034,,761825824#%20

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7. AWARD OF CONTRACT

A. The Department may reject any or all bids, and may waive any immaterial defect in a bid. The Department may ascertain the intent of the bidder by application of rules expressed in the bid documents, drawings and specifications, or as provided by law. The Director’s waiver of an immaterial defect shall not modify the contract, or excuse the bidder from full compliance with the contract.

B. Award will be made within 8 days after the opening of bids to the lowest responsible bidder. If the lowest responsible bidder refuses or fails to execute the contract, the Department may award the contract to the second lowest responsible bidder. Such award will be made within 45 days after the bid opening. If the second lowest responsible bidder refuses or fails to execute the contract, the Director may award the contract to the third lowest responsible bidder. Such award will be made within 60 days after the bid opening. Such times shall be subject to extension by written agreement between the Department, the bidder and the bidder’s surety.

8. BID PROTEST: Bidders shall submit any bid protest in writing to the Department prior to Award of Contract. Protests shall be sent to doe_specs@water.ca.gov.

9. CONTRACT BONDS: The successful bidder shall, at its sole cost and expense, furnish on forms provided by the Department, Document 00610 – Performance Bond, and Document 00620 – Payment Bond, each equal to at least the total amount of the bid, executed in duplicate with acknowledgments by an admitted surety insurer authorized to transact business in California.

10. EXECUTION OF CONTRACT: The contract, to be executed in duplicate, shall be signed by the bidder and returned with the required bonds, within five days after delivery to the bidder. The contract shall not be binding upon the State until it has been completely executed by the bidder and the Department.

11. FAILURE TO EXECUTE CONTRACT: If the bidder fails to return the contract and bonds within the time provided, the award may be annulled by the Department. If the award is annulled, the bidder shall forfeit the bid security. The bidder may furnish to the Department a written notice, signed by the bidder, stating that the bidder will refuse to execute the contract. The furnishing of such notice shall have the same effect as failure to execute the contract.

Instructions for Small Business Preference

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DOCUMENT 00201

INSTRUCTIONS FOR SMALL BUSINESS PREFERENCE

1. SMALL BUSINESS PREFERENCE

A. Code Reference: Government Code section 14835 et seq. and section 1896.2 et seq., California Code of Regulations.

B. Certification: Bidders who wish to be classified as a “Small Business” under the provisions of said laws and regulations, shall be certified as small business by the Department of General Services, Procurement Division, Office of Small Business and DVBE Services (OSDS), 707 Third Street, 1st Floor, Room 400, West Sacramento, California 95605, telephone (916) 375-4940, 24-hour recording (916) 327-9978, facsimile (916) 375-4950, Internet Address: https://www.dgs.ca.gov/PD-

OSDS.

C. Procedures To Request Small Business Preference:

1) Bidders shall be certified and submit a copy of either the firm’s Department of General Services, Procurement Division small business certification approval letter, or a current copy of firm’s small business status from the Department of General Services, Procurement Division Internet homepage (if information from the homepage is provided, include the second page reflecting certification “From” and “To” dates).

2) Bidders shall complete and sign Document 00441 – Small Business Preference and Certification Request furnished in the Bid Form.

The bidder’s signature on the Small Business Preference and Certification Request is a declaration, under penalty of perjury, that under the following conditions, at least 50 percent of the subcontractors to be utilized on the project are either certified small business, or will have a completed application on file with Department of General Services, Procurement Division for small business certification no later than five o’clock (5:00 p.m.) on the date the bid is opened and will be subsequently certified small business. The conditions requiring the 50 percent level of subcontracting by small business subcontractors apply if:

a. The lowest responsible bid for the project exceeds $100,000.

b. The work to be performed requires a Class A or a Class B contractor’s license.

c. Two or more subcontractors will be used.

https://www.dgs.ca.gov/PD-OSDS https://www.dgs.ca.gov/PD-OSDS

Instructions for Small Business Preference

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3) If the above conditions apply and Small Business Preference is granted in the award of the contract, the 50 percent small business subcontractor utilization level shall be maintained throughout the life of the contract.

D. Preference Application: The Small Business Preference will be a reduction in the bid submitted by the small business contractor, for bid comparison purposes, by an amount equal to 5 percent of the amount bid by the lowest responsive bidder, said amount not to exceed $50,000. If such reduction results in the small business contractor becoming the low bidder, then the contract will be awarded to said small business contractor on the basis of the actual bid of the small business contractor notwithstanding the reduced bid price used for bid comparison purposes.

Instructions for Non-Small Business Bid Preference for Using California Certified Small Business Subcontractors/Suppliers

00202-1 C-22

DOCUMENT 00202

INSTRUCTIONS FOR NON-SMALL BUSINESS BID PREFERENCE

FOR USING CALIFORNIA CERTIFIED

SMALL BUSINESS SUBCONTRACTORS/SUPPLIERS

1. NON-SMALL BUSINESS BID PREFERENCE

A. Code Reference: Sections 1896.6 et seq. of Title 2, California Code of Regulations.

B. Non-small business bidders will be granted a five percent (5%) preference, for bid evaluation purposes only, for using small business subcontractors/suppliers when a responsible non-small business submitted the lowest-priced responsive bid, and when a non-small business bidder:

1) requested a non-small business bid preference; and

2) included in its bid a notification to the Department that it commits at least twenty-five percent (25%) of its net bid price to one or more small business subcontractors/suppliers; and

3) submitted a timely, responsive bid; and

4) was determined by the Department to be a responsible bidder; and

5) submitted with its bid a list of the small business(es) it commits to use. Each small business must perform a commercially useful function.

C. To request a non-small business bid preference, bidders shall complete and sign:

1) Document 00444 – Request for Non-Small Business Bid Preference for Using California Certified Small Business Subcontractors/Suppliers. The bidder’s signature on Document 00444 is a declaration, under penalty of perjury, that at least 25 percent of the listed subcontractors/suppliers are either certified small businesses, or will have a completed application on file with Department of General Services, Procurement Division for small business certification no later than five o’clock (5:00 p.m.) on the date the bid is opened and will be subsequently certified as a small business.

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2) Document 00444-1 – California Certified Small Business Subcontractors/Suppliers. The bidder shall list for each small business subcontractor/supplier the following: name, address, phone numbers, and description, dollar amount, and percentage of the work to be performed.

3) Bidder is also strongly urged to ensure that each small business subcontractor/supplier has executed a certification of “commercially useful function,” and to submit such certification with Documents 00444 and 00444-1. Document 00444-2 – Small Business (SB): Certification of Commercially Useful Function may be used for this purpose.

D. If a non-small business is awarded the contract based on the preference, the contractor shall use the listed small businesses for the amounts listed.

E. Preference Application:

1) The Department will apply the Non-Small Business Bid Preference as follows:

a. The preference will be applied for bid comparison purposes only.

b. For such comparison, the bid submitted by a non-small business bidder will be reduced by an amount equal to 5 percent of the amount bid by the lowest responsive bidder.

Any subsequent executed contract will be executed for the actual bid amount, notwithstanding the reduced price for bid comparison purposes.

c. Application of the preference shall not displace an award to a certified small business with a non-small business.

d. In the event of a precise tie between the bid of a small business and the bid of a disabled veteran business enterprise that is also a small business, the award shall go to the disabled veteran business enterprise.

e. The preference shall not exceed $50,000, and the combined amount of all incentives and preferences awarded pursuant to any other provision of law shall not exceed $100,000.

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F. Substitution of a Small Business Subcontractor/Supplier:

1) After award of a contract based in part on the application of a Non- Small Business Bid Preference for using California Certified Small Business Subcontractor/Suppliers, the contractor must use the small business subcontractor(s) and/or suppliers(s) indicated in its bid unless a substitution is requested in writing to the Department and the Department approves the substitution in writing prior to the commencement of applicable work. The substitution request shall be in accordance with section 1896.10 of Title 2, California Code of Regulations.

Instructions for California Company Preference

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DOCUMENT 00205

INSTRUCTIONS FOR CALIFORNIA COMPANY PREFERENCE

1. CODE REQUIREMENT: In accordance with the requirements of Public

Contract Code section 6107, a “California company” will be granted a reciprocal preference for bid comparison purposes as against a nonresident contractor from any state that gives or requires a preference to be given contractors from that state on its public entity construction contracts.

2. DEFINITION OF CALIFORNIA COMPANY: A “California company” means a sole proprietorship, partnership, joint venture, corporation, or other business entity that was a licensed California contractor on the date when bids for the public contract were opened and meets one of the following:

A. Has its principal place of business in California.

B. Has its principal place of business in a state in which there is no local contractor preference on construction contracts.

C. Has its principal place of business in a state in which there is a local contractor construction preference and the contractor has paid not less than $5,000 in sales or use taxes to California for construction related activity for each of the five years immediately preceding the submission of the bid.

3. REQUIREMENTS

A. To carry out the “California company” reciprocal preference require-ments of Public Contract Code section 6107, bidders shall refer to Document 00427 – Bidder’s Agreement, and to Document 00443 – California Company Preference Form, for instructions about how to indicate their status. A nonresident contractor shall disclose to the Department any and all bid preferences provided to the nonresident contractor by the state or county in which the nonresident contractor has its principal place of business. In the event the bidder fails to certify its status, the bid may be rejected.

B. Bid Documents without a completed and signed Document 00443 – California Company Preference Form, may be rejected.

C. The amount of the “California company” reciprocal preference shall be equal to the amount of the preference applied by the state of the nonresident contractor with the lowest responsive bid, except where the “California company” is eligible for a California Small Business Preference, in which case the preference applied shall be the greater of the two, but not both.

Instructions for California Company Preference

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D. If the bidder submitting the lowest responsive bid is not a “California company” and with the benefit of the reciprocal preference, a “California company’s” responsive bid is equal to or less than the original lowest responsive bid, the “California company” will be awarded the contract at its submitted bid price.

Instructions for DVBE Goal and Incentive

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DOCUMENT 00206

INSTRUCTIONS FOR

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE)

GOAL AND INCENTIVE

1. DVBE GOAL

A. The DVBE participation goal for this contract is zero percent (0%) of the total amount of the bid and is established pursuant to Public Contract Code Section 10115 et seq.

2. DVBE INCENTIVE

A. To encourage bidders to include DVBE participation on this contract, the Department will apply a three percent (3%) DVBE incentive to bids that meet or exceed three percent (3%) DVBE participation.

B. To comply with Military and Veterans Code 999.5, to qualify for the DVBE incentive, bidder must complete, sign and submit the following documents with its bid:

Document Document Title 00445 DVBE Participation 00447 (if applicable)

DVBE: Broker or Agent. Each DVBE prime contractor listed on Document 00445 who is a broker or agent must complete this form (Military and Veterans Code section 999.2 (f)).

00448 (2 pages) (if applicable)

DVBE: Declarations – Equipment Rental.

Each DVBE prime contractor listed on Document 00445 who will rent equipment, including equipment and operator, to the Department, must complete this form (Military and Veterans Code section 999.2 (c)).

00449 (if applicable)

DVBE: Declarations of Meeting and Maintaining Requirement of a DVBE – Equipment Rental. Each DVBE prime contractor listed on Document 00445 who will rent equipment, including equipment and operator, to the Department, must complete this form (Military and Veterans Code section 999.2 (d)).

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00450 (if applicable)

DVBE: Certification of Commercailly Useful Function. For each DVBE listed on Document 00445, submit Document 00450.

C. The Department will apply the DVBE incentive:

1) to responsive bids from responsible bidders

2) during the bid evaluation process, for bid evaluation purposes only,

3) by reducing the bid price by the amount of the incentive as computed from the lowest responsible and responsive bid price.

D. Application of the DVBE incentive shall not displace an award to a certified small business enterprise with non small business enterprise.

E. The combined amount of all incentives and preferences shall not exceed $100,000.

F. Applicable documents must be completed and signed as required on each document to qualify for the DVBE incentive.

G. Final determination of bidder’s DVBE participation shall be at the Department’s sole discretion. The Department will not accept rounding up of DVBE participation percentages.

H. DVBE Certification:

1) DVBEs listed by bidder on Document 00445 – DVBE Participation must be certified by the date of bid opening by the State of California, Department of General Services (DGS), Procurement Division, Office of Small Business and DVBE Services. The Department reserves the right to verify DVBE certifications.

2) For a listing of certified DVBEs, contact:

a. The DGS Procurement Division’s database of certified DVBEs at Internet address:

https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx

1. For questions or comments regarding the DGS DVBE database, contact:

CA DGS Procurement Division Office of Small Business and DVBE Services

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Phone No.: (916) 375-4940 Toll Free: (800) 559-5529 FAX No.: (916) 375-4950 E-mail: OSDSHelp@dgs.ca.gov

Physical Location Office of Small Business and DVBE Services 707 Third Street, 1st Floor, Room 400 West Sacramento, CA 95605

Mailing Address Office of Small Business and DVBE Services Room 1-400, MS210 P.O. Box 989052 West Sacramento, CA 95798-9052

3) Bidder is encouraged to review each DVBE certification and to include a copy of each certification with Document 00445 – DVBE Participation.

3. COUNTING DVBE PARTICIPATION

A. DVBE Subcontractors: Any DVBE performing subcontractor work in excess of one-half of one percent of the total amount of the bid, and as otherwise provided under Public Contract Code section 4100 et seq.

and section 10115 et seq., must also be listed on Document 00425 – Subcontractor List, in order to be counted toward the DVBE participation.

B. Dollar Value:

1) A certified DVBE prime bidder may apply toward the DVBE participation the value of the work which it will directly perform. The DVBE must perform a “commercially useful function” as defined in Paragraph 7 E. 1) and 2).

a. A disabled veteran business enterprise that rents equipment (including equipment plus operator) to the Department shall be deemed to be an equipment broker unless one or more disabled veterans has 51-percent ownership of the quantity and the value of each piece of equipment.

1. If the equipment is owned by one or more disabled veterans, each disabled veteran owner shall submit to the Department a declaration signed by the disabled veteran owner stating that the owner is a disabled veteran and providing the name, address, telephone number, and tax file://doe-file/co/CSB/DOE-CDS/Specs/Guides_-_specs/Div_0/OSDSHelp@dgs.ca.gov

00206-4 C-22 identification number of the disabled veteran owner. Refer to Document 00448 (pages 1 and 2).

2. Each disabled veteran owner shall submit his or her federal income tax returns to the Department of General Services pursuant to Military and Veterans Code section 999.2, subdivision (g) as if he or she were a disabled veteran enterprise.

3. The disabled veteran business enterprise of a disabled veteran owner who fails to submit his or her tax returns will be deemed to be an equipment broker.

b. A disabled veteran business enterprise that rents equipment to the Department shall submit to the Department a declaration signed by each disabled veteran owner and manager of the enterprise stating that the enterprise obtained the contract by representing that the enterprise was a disabled veteran business enterprise meeting and maintaining all the requirements of a disabled veteran business enterprise. The declaration shall include the name, address, telephone number, and tax identification number of the owner of each piece of equipment identified in the contract. Refer to Document 00449.

c. State funds expended for equipment (including equipment plus operator) rented from equipment brokers shall not be credited toward the DVBE participation.

d. A disabled veteran business enterprise that is a broker or agent and that obtains a contract pursuant to Military and Veterans Code section 999.2 (a) shall disclose to the Department that the business is a broker or agent. This disclosure shall be made in a declaration signed and executed by each disabled veteran owner and manager of the enterprise, declaring that the enterprise is a broker or agent, and identifying the name, address, and telephone number of the principal for whom the enterprise is acting as a broker or agent. Refer to Document 00447.

2) If a bidder is a joint venture, bidder may count toward the DVBE participation the percentage equal to that of the ownership and control of the DVBE joint venturer. Each DVBE must perform a “commercially useful function” as defined in Paragraph 7 E. 1) and 2).

3) A bidder may apply the total dollar value of the work of a certified DVBE first or lower tier subcontractor/supplier toward the DVBE

00206-5 C-22 participation. Each DVBE must perform a “commercially useful function” as defined in Paragraph 7 E. 1) and 2).

4. SUBSTITUTION OF LISTED DVBE’S

A. The Contractor must use each DVBE listed on Document 00445 for the amounts committed unless the Contractor requests written permission to substitute and the Department gives written permission for such substitution. Each request for substitution should include:

1) A written explanation of the reason for substitution, and

2) The name and address of the firm that will be used in lieu of the listed DVBE firm. Contractors are expected to make a diligent effort to substitute listed DVBEs with certified DVBEs.

B. This information is required for monitoring in accordance with Public Contract Code section 10115 et seq. and shall not be construed as altering any other provision of law, including the Subletting and Subcontracting Fair Practices Act, including Public Contract Code sections 4100-4114, or contract requirements relating to substitution of subcontractors.

C. Failure of Contractor to adhere to at least the DVBE participation listed on Document 00445 may be cause for contract termination and recovery of damages under the rights and remedies due to State under Document 00705 – Prosecution of Work, Paragraph 10.

D. Additionally, the under/non-use of DVBEs listed on Document 00445 may have other ramifications for Contractor including, but not limited to, possible violations of the California False Claims Act, Government Code section 12650 et seq.

5. DVBE MONITORING AND REPORTING

A. The Department encourages the Contractor to include DVBEs in this Contract throughout the Contract term.

B. The Contractor shall report the amounts it paid to each DVBE that participated in the performance of this Contract by submitting Document 00206-1 DVBE Quarterly and Final Report to the Engineer as follows:

1) Quarterly (on January 1st, April 1st, July 1st, and October 1st) during the performance of the contract.

2) Upon the Contractor’s certification of completion of the work pursuant to Document 00706 – Control of Work, Paragraph 14.

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3) In addition to any other potential remedies, the Engineer may withhold all or part of any payments due if the Contractor fails to furnish the required reports.

C. In accordance with Military and Veterans Code section 999.5(d), upon the Contractor’s certification of completion of the work pursuant to Document 00706 – Control of Work, Paragraph 14 on a Contract for which a commitment to achieve a DVBE goal was made, the Contractor shall certify the following using Document 00206-2 – Certification of DVBE Participation:

1) The total amount the Contractor received under the Contract.

2) The name and address of the Disabled Veteran Business Enterprise(s) that participated in the performance of the Contract and the Contract number.

3) The amount and percentage of work the Contractor committed to provide to one or more Disabled Veteran Business Enterprises under the requirements of the Contract and the amount each Disabled Veteran Business Enterprise received from the Contractor.

4) That all payments under the Contract have been made to the Disabled Veteran Business Enterprise. Upon request by the Department, the Contractor shall provide proof of payment for the work.

D. In accordance with Military and Veterans Code section 999.7(a), The Department shall withhold ten thousand dollars ($10,000) from the final payment, or the full final payment if less than ten thousand dollars ($10,000), until the Contractor complies with the certification requirements of subdivision (d) of Section 999.5. If the Contractor fails to comply with the certification requirement, it shall, after written notice, be allowed to cure the defect. Notwithstanding any other law, if, after at least 15 calendar days, but not more than 30 calendar days from the date of Department’s written notice, the Contractor refuses to comply with the certification requirements, the Department shall permanently deduct ten thousand dollars ($10,000) from the final payment, or the full payment if less than ten thousand dollars ($10,000).

E. In accordance with Military and Veterans Code Section 999.5(d)(4), and Government Code Section 14841, after receipt of the final Contract payment, the Contractor shall report to the Engineer the actual percentage of DVBE participation and certify the total amount the Contractor received under the Contract using Document 00206-3— DVBE Percentage Achieved and Certification of Total Payments to Prime Contractor.

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F. In addition to any other potential penalties or remedies, a person or entity that knowingly provides false information shall be subject to a civil penalty for each violation in the minimum amount of $2,500 and the maximum of $25,000 pursuant to Military and Veterans Code Section 995.5(f).

6. CONTRACT AUDITS

A. Contractor agrees that the Department or its delegate will have the right to review, obtain, and copy all records pertaining to performance of the contract as performance pertains to DVBE requirements. Contractor agrees to provide the Department or its delegate with any relevant information requested and shall permit the Department or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. Contractor further agrees to maintain such records for a period of three (3) years after final payment in accordance with Document 00703 – Compliance with Applicable Laws and Regulations, Paragraph 2.

7. DEFINITIONS, DVBE PROGRAM

A. Broker or Agent: Any individual or entity, or any combination thereof, that does not have title, possession, control, and risk of loss of materials, supplies, services, or equipment provided to the Department, unless one or more certified disabled…