26-07_specs_info_only.pdf

SPECIFICATION NO. 26-07

CONTRACT NO. C51696

BID, CONTRACT AND SPECIFICATIONS

CHECK STRUCTURE 17

STRUCTURAL MODIFICATIONS

SAN LUIS CANAL

State Water Facilities California Aqueduct San Luis Field Division Fresno County California

2026 CALIFORNIA NATURAL RESOURCES AGENCY

DEPARTMENT OF WATER RESOURCES

STATE OF CALIFORNIA

DIVISION 00

PROCUREMENT AND

CONTRACTING

REQUIREMENTS

Seals Page

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DOCUMENT 00 01 07

SEALS PAGE

SAN LUIS CANAL

STATE WATER FACILITIES

SAN LUIS FIELD DIVISION

FRESNO COUNTY

CALIFORNIA

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

Civil

Registered Civil Engineer Date

Structural

Registered Structural Engineer Date

No. 79717

No. 7208

Docusign Envelope ID: 78410772-2498-849E-81A0-F564DB7183BB

6/22/2026

6/22/2026

Table of Contents

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DOCUMENT 00 01 10

TABLE OF CONTENTS

INTRODUCTORY INFORMATION

00 01 01 Project Title Page 00 01 07 Seals Page 00 01 10 Table of Contents 00 01 15 List of Drawing Sheets 00 11 01 Notice to Contractors 00 11 02 Notice of Inspection Trip 00 11 40 Prequalification

BIDDING REQUIREMENTS

00 21 13 Instructions to Bidders 00 21 21 Instructions for Small Business Preference 00 21 22 Instructions for Non-Small Business Bid Preference 00 21 25 Instructions for California Company Preference 00 21 26 Instructions for Disabled Veteran Business Enterprise (DVBE)

Goal and Incentive 00 21 27 Instructions for In-Use Off-Road Diesel Fueled Vehicle List 00 30 00 Available Information

BID FORM

00 41 01 Bid Schedule 00 43 36 Subcontractors Form 00 44 27 Bidder Declarations and Certifications 00 44 28 Noncollusion Declaration 00 44 30 Bidder’s Bond 00 44 41 Small Business Preference and Certification Request 00 44 42 Department of General Services, Procurement Division, Small Business Certificate 00 44 43 California Company Preference Form 00 44 44 Request for Non-Small Business Bid Preference 00 44 45 DVBE Participation 00 44 47 DVBE: Broker or Agent 00 44 48 DVBE: Declarations – Equipment Rental 00 44 49 DVBE: Declarations of Meeting and Maintaining Requirement of a DVBE – Equipment Rental 00 44 50 DVBE: Certification of Commercially Useful Function 00 44 51 In-Use Off-Road Diesel Fueled Vehicle List

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CONTRACTING REQUIREMENTS

00 52 00 Contract Form 00 61 13 Performance Bond 00 61 14 Payment Bond

GENERAL CONDITIONS

00 71 00 Abbreviations and Definitions 00 72 41 Health and Safety Requirements 00 72 42 Interpretation of the Contract 00 72 43 Compliance with Applicable Laws and Regulations 00 72 44 Contractual Relationship of Parties 00 72 45 Prosecution of Work 00 72 46 Control of Work 00 72 47 Changes 00 72 48 Payments and Retentions 00 72 49 Potential Claims and Claims 00 73 00 Supplementary Conditions

ADDENDA AND INFORMATION LETTERS

00 91 13 Addenda 00 93 15 Information Letters

DIVISION 1 – GENERAL REQUIREMENTS

01 11 00 Summary of Work 01 14 00 Work Restrictions 01 22 14 Unit Price Measurement by Ton 01 31 19 Project Meetings 01 32 16 Construction Progress Schedule 01 33 00 Submittal Procedures 01 35 34 Diving Provisions 01 51 10 Department Furnished Facilities 01 55 26 Temporary Traffic Control 01 56 00 Temporary Barriers and Enclosures 01 57 19 Temporary Environmental Controls 01 57 23 Temporary Storm Water Pollution Control 01 64 10 Department Furnished Materials and Equipment 01 71 13 Mobilization 01 71 23 Construction Surveying 01 74 19 Construction Waste Management and Disposal

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DIVISION 2 – EXISTING CONDITIONS

02 41 13 Selective Site Demolition 02 60 00 Contaminated Site Material Removal

DIVISION 3 – THROUGH DIVISION 4 – NOT USED

DIVISION 5 – METALS

05 50 00 Metal Fabrications

DIVISION 6 – NOT USED

DIVISION 7 – THERMAL AND MOISTURE PROTECTION

07 91 16 Joint Gaskets

DIVISION 8 THROUGH DIVISION 30 – NOT USED

DIVISION 31 – EARTHWORK

31 00 00 Earthwork 31 05 19 Geosynthetics for Earthwork 31 23 19 Dewatering

DIVISIONS 32 – EXTERIOR IMPROVEMENTS

32 11 23 Aggregate Base Courses 32 31 13 Chain Link Fences and Gates

DIVISIONS 33 THROUGH DIVISION 34 – NOT USED

DIVISION 35 – WATERWAY AND MARINE CONSTRUCTION

35 01 01 Operations and Maintenance of Radial Gates 35 20 14 Stoplogs

DIVISIONS 36 THROUGH DIVISION 49 – NOT USED

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APPENDICES

APPENDIX I PRE-WORK SAFETY PLAN

APPENDIX II DEPARTMENT OF INDUSTRIAL RELATIONS (DIR)

REGISTRATION CERTIFICATION LIST

APPENDIX III DAILY COATING INSPECTION REPORT

APPENDIX IV PERMIT RESPONSIBILITY CLARIFICATION

APPENDIX V SOLID WASTE DISPOSAL AND RECYCLING REPORT

APPENDIX VI DEPARTMENT OF WATER RESOURCES “ASBESTOS &

LEAD INSPECTION REPORT”, SMS, 2023

APPENDIX VII DEPARTMENT OF WATER RESOURCES “LEAD

INSPECTION REPORT”, SMS, 2026

END OF DOCUMENT

INTRODUCTORY

INFORMATION

List of Drawing Sheets

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DOCUMENT 00 01 15

LIST OF DRAWING SHEETS

1. DRAWINGS

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

Notice to Contractors

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DOCUMENT 00 11 01

NOTICE TO CONTRACTORS

CALIFORNIA NATURAL RESOURCES AGENCY

Sealed bids for

SAN LUIS CANAL

STATE WATER FACILITIES

SAN LUIS FIELD DIVISION

FRESNO 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, JULY 15, 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 Agency Headquarters.

Please refer to Document 00 21 13 – Instructions to Bidders, for additional information.

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

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Bids will be considered only if submitted for all the work required for the above project. The work is defined in Section 01 11 00 – Summary of Work, A. This project will permanently remove the four Check 17 radial gates and retain one of them for storage. The project includes the following principal features:

1. Earthwork and other related work, including:

a. Soil scarification and excavation.

b. Soil compaction.

c. Placement of aggregate base.

d. Construction of temporary access road.

e. Site restoration to match existing conditions.

2. Contaminated Site Material Removal:

a. Removal, recovery, and disposal of hazardous substances, materials, and waste associated with the proposed structural modifications

3. Stoplogs Repair and Transportation:

a. Replace stoplog rubber seals, including new steel plates and hardware.

b. Transport stoplogs from Dos Amigos Pumping Plant and mobilize at Check Structure 17, for installation by Department personnel.

c. Transport stoplogs from Check Structure 17 and return to Dos Amigos Pumping Plants storage area.

4. Fabricate Radial Gate Cradle Frame.

5. Dewatering of Check Structure 17 gate bays.

6. Removal of all four existing radial gates and appurtenances at Check Structure 17. Dispose of radial gates No. 1, 3, and 4.

7. Radial gate No.2 shall be transported to the Coalinga O&M Yard and stored on contractor fabricated steel gate cradle frame.

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8. Fences and Gates:

a. Reinstall barbed wire fence and swing gates.

Quantities of work, materials, and equipment required for completion of the work are specified in Document 00 41 01 – 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 and C-22 or A with C-22 Subcontractor.

2. BIDDING

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

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. 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 00 11 40 – Prequalification.

4. SITE INSPECTION TRIP

An inspection trip for prospective bidders will be conducted at the work site on THURSDAY, JULY 2, 2026 at 10:00 A.M., as per Document 00 11 02 – Notice of Inspection Trip.

5. DVBE AND SMALL BUSINESS PARTICIPATION

Participation by Disabled Veteran Business Enterprises (DVBE) and qualification for Small Business Preference shall be as provided by Document 00 21 26 – Instructions for DVBE Goal and Incentive and Document 00 21 21 – Instructions for Small Business Preference. A DVBE incentive will be applied during bid evaluation in accordance with Document 00 21 26, 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 mailto:doe_specs@water.ca.gov

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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

6. 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 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 00 72 46 – Control of Work, Paragraph 5, for substitution requests after issuance of Notice to Begin Work.

7. 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.

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

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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 00 72 43 – 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, Traditional Delivery Section, 715 P Street, Room 4-407, Sacramento, California 95814 and posted on the website listed on Document 00 30 00 – Available Information.

Director of Water Resources

Dated: June 23, 2026

(Advertisement)

Notice of Inspection Trip

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DOCUMENT 00 11 02

NOTICE OF INSPECTION TRIP

SAN LUIS CANAL

STATE WATER FACILITIES

SAN LUIS FIELD DIVISION

FRESNO COUNTY

CALIFORNIA

An inspection trip for prospective bidders will be conducted at the work site. The inspection trip is expected to take approximately 3 hours. Interested parties are requested to schedule their time so as to make the trip on the same day.

Interested parties are requested to meet on THURSDAY, JULY 2, 2026 at 10:00 A.M. at the Dos Amigos Pumping Plant located at 25001 Poleline Road in Merced County, approximately 10 miles south of Los Banos, California.

Access to the project site is from Interstate 5. Exit I-5 at Highway 165

(Mercy Springs Road) and travel for approximately half mile to Poleline Road;

turn right. Continue for approximately one mile to the Dos Amigos Pumping Plant, located at 25001 Poleline Road. (See maps on following pages.)

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SITE VICINITY MAP

MEETING LOCATION – DOS AMIGOS PUMPING PLANT

Meeting Location

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After viewing the stop logs at Dos Amigos Pumping Plant, the inspection trip will continue to Check Structure 17 at approximately Latitude: 36.456492°, Longitude: -120.303322°, approximately 1.9 miles north of Mt. Whiteney Ave in Fresno County. Access to the meeting site is as follows:

From Interstate I-5, Take the exit 349 for CA-33 towards Derrick Ave/Mendota. Head north on CA-33 for .50 miles (approx.) and turn right onto West Harlan Way and head east for 2.90 miles (approx.). Harlan way ends and transitions right towards South Stanislaus Ave. Continue on South Stanislaus Ave. And turn left onto West Mt. Whitney Ave. Head east on Mt. Whitney for 2.40 miles (approx.). Turn left onto the primary access roads at the bridge cross (mile post 134.90 - approx.). Head North along the primary roads to the Check Structure 17 site.

(See maps on following pages.)

VICINITY MAP

W. Harlen Ave

W. Mount Whitney Ave

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MEETING LOCATION

AREA MAP

MEETING LOCATION – CHECK STRUCTURE 17

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After viewing Check Structure 17, the inspection trip will continue to the Coalinga O&M Storage Yard is located at 24001 S Fresno Coalinga Rd, Coalinga, CA 93210 in Fresno County. Access to the meeting site is as follows:

From Check Structure 17, travel north towards W. Cerini Ave. Turn left on W. Cerini Ave then right back onto the secondary access road. Travel for approximately 2.2 miles then turn left onto W. Mount Whitney Ave. Travel for 5.5 miles then turn right onto S. Colusa Ave. Travel on S. Colusa Ave for 5 miles then turn right on CA-145 S. After 2.9 miles the Coalinga O&M Storage Yard will be on the left. (See maps on following pages.)

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VICINITY MAP

W. Cerini Ave

A c c e s s R o a d

Coalinga O&M Storage Yard

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MEETING LOCATION – COALINGA O&M STORAGE YARD

SITE MAP

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.

• Hearing Protection.

Please contact the Department at doe_specs@water.ca.gov at least two days in advance of the inspection trip if you plan to attend or have questions.

Prequalification

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DOCUMENT 00 11 40

PREQUALIFICATION

1. DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION

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.

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

Instructions to Bidders

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DOCUMENT 00 21 13

INSTRUCTIONS TO BIDDERS

1. BID FORM

A. Submit using 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. Bidding document pages revised or added by addendum must be included in the place of any superseded pages enclosed with the submitted bid form. 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 00 11 01 – 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 Conditions, drawings, specifications, addenda, Document 00 30 00 – Available Information, 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 00 41 01 – 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 00 41 01 – 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 00 11 01 – 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 26-07 Bid Opening 715 P Street, Room 4-407 Sacramento, California 95814

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 00 44 30 – 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 21 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 30 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 45 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 00 61 13

– Performance Bond, and Document 00 61 14 – 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 00 21 21

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:

http://www.dgs.ca.gov/pd/Programs/OSDS.aspx.

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 00 44 41 – 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.

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 and Suppliers

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DOCUMENT 00 21 22

INSTRUCTIONS FOR NON-SMALL BUSINESS BID PREFERENCE

FOR USING CALIFORNIA CERTIFIED

SMALL BUSINESS SUBCONTRACTORS AND 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 00 44 44 – Request for Non-Small Business Bid Preference for Using California Certified Small Business Subcontractors and Suppliers. The bidder’s signature on Document 00 44 44 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 00 44 44-1 – California Certified Small Business Subcontractors and 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 00 44 44 and 00 44 44-1. Document 00 44 44-2 – 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 00 21 25

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 00 44 27 – Bidder Declarations and Certifications, and to Document 00 44 43 – 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 00 44 43 – 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 00 21 26

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 qualify for the DVBE incentive, bidder must complete, sign and submit the following documents with its bid:

Document Document Title 00 44 45 DVBE Participation 00 44 47 (if applicable)

DVBE: Broker or Agent. Each DVBE prime contractor listed on Document 00 44 45 who is a broker or agent must complete this form (Military and Veterans Code section 999.2 (f)).

00 44 48 (if applicable)

DVBE: Declarations – Equipment Rental.

Each DVBE prime contractor listed on Document 00 44 45 who will rent equipment, including equipment and operator, to the Department, must complete this form (Military and Veterans Code section 999.2 (c)).

00 44 49 (if applicable)

DVBE: Declarations of Meeting and Maintaining Requirement of a DVBE – Equipment Rental. Each DVBE prime contractor listed on Document 00 44 45 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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Document Document Title 00 44 50 DVBE: Certification of Commercailly

Useful Function. For each DVBE listed on Document 00 44 45, submit Document 00 44 50.

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 00 44 45 – 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

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

CA DGS Procurement Division Office of Small Business and DVBE Services 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 00 44 45 – DVBE Participation.

I. Commercially Useful Function: Bidder is strongly urged to have each DVBE execute a certification of “commercially useful function” prior to listing a DVBE on Document 00 44 45 – DVBE Participation.

1) Document 00 44 50 – DVBE: Certification of Commercially Useful Function may be used for this purpose. Submit this certification with the bid or by mail to the address listed below.

CA Department of Water Resources Division of Engineering 715 P Street, Room 2-303 Sacramento, CA 95814 Attention: DVBE Coordinator E-mail: DOE_Specs@water.ca.gov

J. Definitions are in Paragraph 8.

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 00 43 36 – mailto:DOE_Specs@water.ca.gov

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Subcontractors Form, 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 8 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 identification number of the disabled veteran owner. Refer to Document 00 44 48.

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 00 44 49.

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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 00 44 47.

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 8 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 participation. Each DVBE must perform a “commercially useful function” as defined in Paragraph 8 E. 1) and 2).

4. CERTIFICATION OF COMPLIANCE WITH DVBE REQUIREMENTS

A. By signing Document 00 44 28 – Noncollusion Declaration, the bidder certifies that it acted in good faith to comply with the DVBE requirements specified herein.

5. SUBSTITUTION OF LISTED DVBE’S

A. The Contractor must use each DVBE listed on Document 00 44 45 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

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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 00 44 45 may be cause for contract termination and recovery of damages under the rights and remedies due to State under Document 00 72 45 – Prosecution of Work, Paragraph 10.

D. Additionally, the under/non-use of DVBEs listed on Document 00 44 45 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.

6. 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 00 21 26-1 – 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 00 72 46 – Control of Work, Paragraph 14.

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 00 72 46 – 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 00 21 26-2 – 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

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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 00 21 26-3 – DVBE Percentage Achieved and Certification of Total Payments to Prime Contractor.

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).

7. 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…