6024-004_DPR_Onyx_Ranch.pdf

Gavin Newsom, Governor

Gabe Tiffany, Acting Director

PUBLIC WORKS INVITATION FOR BID

Notice to Prospective Bidders

November 14, 2024

SOLICITATION NO.: 6024-004

SOLICITATION TITLE: DPR Onyx Ranch Abandoned Mine Remediations

Pursuant to direction from the California Department of Parks and Recreation (DPR), the California Department of Conservation (Department) requires abandoned mine remediation services on DPR lands in Kern County. You are invited to review and respond to this Invitation for Bid (IFB), entitled 6024-004: DPR Onyx Ranch Abandoned Mine Remediations. Please note this is a Public Works IFB and all contractors and subcontractors included in a bid must be registered public works contractors with the California Department of Industrial Relations at the time of bid submission.

Contractors wishing to bid on this solicitation are required to attend a mandatory pre-bid walkthrough starting on Tuesday, December 3, 2024 at 7:00 AM. Please note: The pre-bid walkthrough for the solicitation will be at least six hours long. Access to the mine sites and features is over uneven, steep terrain that requires a high-clearance, four-wheel drive vehicle and over two miles of off-trail hiking. A full tank of gas and food and water sufficient for a long day are recommended for this pre-bid walkthrough.

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions for Non-IT Services (GTC 04/2017) and Contractor Certification Clauses (effective 4/4/2017). If you do not have internet access, hard copies can be provided by contacting Samantha Brooks at email address below.

In the opinion of the Department, this Public Works IFB is complete and without the need for explanation. However, the Department may release, in a timely manner and upon approval by DPR, an Addendum to this IFB Solicitation. Potential bidders may submit questions regarding intent, expectations, or other topics pertaining to the actual bid solicitation by contacting Samantha Brooks via email at email address below. Questions must be received by December 9, 2024 at 5:00 PM. All questions received by the Department will be answered by December 12, 2024, at 3:00 PM. The Department must receive bids by December 20, 2024, at 2:00 PM.

Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official Addendum.

Samantha Brooks Department Contracts Analyst ServiceContracts@conservation.ca.gov https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language mailto:ServiceContracts@conservation.ca.gov

California Department of Conservation Solicitation Number 6024-004

DPR Onyx Ranch Abandoned Mine Remediations

Table of Contents

I. DESCRIPTION OF SERVICES

A. Overview

B. Period of Performance

C. Work to Be Performed

i. Task Specific Details

ii. Construction Drawings and Required Variations

D. Construction Schedule

E. Cultural and Biological Resource Stipulations

F. Worker Site Hazards Mitigation

G. GenAI Disclosure Notification

H. Executive Order N-6-22 – Russia Sanctions

II. BUDGET DETAIL AND PAYMENT PROVISIONS

A. Invoicing and Payment

B. Budget Contingency Clause

C. Prompt Payment Act

III. BIDDER MINIMUM QUALIFICATIONS

IV. INSURANCE REQUIREMENTS

V. PUBLIC WORKS REQUIREMENTS AND INFORMATION

VI. BID REQUIREMENTS AND INFORMATION

A. Key Action Dates and Times

B. Mandatory Pre-Bid Walkthrough

C. Questions and Answers

D. References

E. Cost Detail Format and Requirements

F. Submission of Bid

G. Evaluation and Selection

H. Award and Protest

I. Disposition of Bids

J. Payee Data Record

K. Contractor Certification Clauses (CCC 04/2017)

L. Tax Delinquent Status Verification

M. Preference Programs

N. Commercially Useful Function (CUF)

VII. REQUIRED ATTACHMENTS

Attachment 1: Required Attachment Checklist

Attachment 2: Bid Sheet and Response

Attachment 3: Bid/Bidder Certification Sheet

Attachment 4: Bid/Bidder Declaration

Attachment 5: Bidder References

Attachment 6: Darfur Act Certification

Attachment 7: California Civil Rights Laws Certification

Attachment 8: Disabled Veteran Business Enterprise Declarations (STD 843)

Attachment 9: Bidder’s Acknowledgement of Prevailing Wage Requirement

Attachment 10: Generative Artificial Intelligence (GenAI) Disclosure and Factsheet…………………..…..55

Table of Figures

Figure 1. Map of task locations

Figure 2. Angle Iron Bat Gate – Tasks 2, 3

Figure 3: Culvert Gate - Task 5

Figure 4. Fence – Tasks 1, 4, 6, and 7

Figure 5. Tortoise Fencing – Tasks 1, 4, 6, and 7

Figure 6. Pre-bid walkthrough starting location

I. DESCRIPTION OF SERVICES

A. Overview

The California Department of Conservation (Department or DOC) requires the services of a Contractor with the resources, experience, and abilities to remediate physical safety hazards associated with abandoned mine features. The Department intends to award one (1) service contract for this Invitation for Bid (IFB).

1. The work consists of the fabrication, installation, and repair as specified, directed, and approved by the California Department of Parks and Recreation (DPR) of seven (7) abandoned mine remediations at four (4) mine sites.

2. These features are located on DPR lands in the Onyx Ranch State Vehicular Recreation Area (SVRA) in Kern County (see Figure 1).

Figure 1. Map of task locations (pink diamonds) and bidwalk meeting location (red arrow)

B. Period of Performance

The Agreement's performance schedule shall be from January 2025, or upon approval by the Department of General Services (DGS), through December 31, 2025.

The Contractor agrees to start work no later than thirty (30) days after final approval and Department authorization to proceed via Work Authorization, or a mutually agreed-upon time specified in the Work Authorization. Alternative start dates may be granted under special circumstances with written approval via email from the Department.

Upon mutual consent, the Department and the Contractor may execute Amendments to the executed Agreement for time due to schedule conflicts, inclement weather, or other special circumstances. No verbal understanding or agreement not incorporated into the Agreement is binding on either party.

Work shall not commence until:

1. The contract has been awarded, executed, and approved by the Department and DGS; and

2. The Department has issued the Contractor a Work Authorization, including a date upon which to commence work; and

3. The Contractor possesses any necessary licenses, certifications, and/or permits required for the work.

Note: The Department reserves the right to cancel remediation at any task if proper permits or authorizations cannot be obtained or direction to do so is received from

DPR.

C. Work to Be Performed

Work performed under this contract shall be as directed by DPR. The AML feature remediations and specifications included in this bid solicitation were approved by DPR. The Department prepared the bid solicitation, will conduct the solicitation per state contracting rules, and will manage the contract and project during installation according to DPR direction, as contained in this solicitation and the subsequently awarded contract.

Unless directed by DPR through the Department, remediation installations shall be performed in conformance with the Construction Drawings, associated Required Variations, and Task Specific Details herein. Required Variations are corrections and modifications of the generic Construction Drawings necessary to address errors or provide additional information specific to the remediation type (see Section I.C.ii and Figures 2 through 5).Task Specific Details include information particular to the task or field conditions needed for the installation (e.g., dimensions, see Section I.C.i).

Additional site-specific modifications or clarifications will likely be identified during the pre-bid walkthrough (see Section VI.B). If approved by DPR, these will be detailed shortly after the pre-bid walkthrough in an official Addendum from the Department and provided to all bidders to inform their bid submission. It is the bidder's responsibility to submit design questions or modification requests to the Department for clarification and approval prior to submitting their bid.

The Contractor agrees to provide to the Department all services summarized in Table 1 as described herein, including in Task Specific Details, Construction Drawings and their Required Variations approved by DPR (see Section I.C.ii) and the Cultural and Biological Stipulations for this work (see Section I.E)

Table 1. Summary of tasks for DPR Onyx Ranch Abandoned Mine Remediations*

DOC Task #

DOC

Feature ID Feature Type

Remediation Type Figure

Number

Task #1 76509 Vertical opening Fence 4,5

Task #2 76547 Horizontal opening Bat gate 2

Task #3 76546 Horizontal opening Bat gate 2

Task #4 76527 Excavation Fence 4,5

Task #5 76515 Horizontal opening Culvert gate 3

Task #6 76517 Vertical opening Fence 4,5

Task #7 76523 Vertical opening Fence 4,5

* Remediation types may change through an official addendum after the bid walk if DPR determines a more viable option.

i. Task Specific Details

The following Task Specific Details shall be used in conjunction with the Construction Drawings and Required Variations (see Section I.C.ii) to perform the remediation installations. Each of the seven individual tasks below include a task number, DOC feature IDs, the remediation type to be installed, a description of the mine feature, information on access to the site, and any other necessary details on the installation.

Task #1: Vertical opening 76509 – FENCE Feature 76509 is a vertical shaft that starts as a shallow bowl shape and then tapers into a rectangular shaft. It is is about 400 feet from an open route.

A fence constructed of T-posts and smooth wire shall be installed in conformance with Figure 4, along with the following:

The fence shall have tortoise fencing in conformance with Figure 5 and the associated Required Variations provided on the page subsequent the drawing.

Task #2: Horizontal opening 76547 – BAT GATE Feature 76547 is an adit with a portal about 4 feet wide by 3 feet tall; adit passage opens larger inside. The adit is in a drainage approximately 200 feet below and 600 feet west of an open route; this road is rough in places.

An angle-iron bat gate shall be installed in conformance with Figure 2 and the associated Required Variations provided on the page subsequent the Construction Drawing, along with the following:

• The bat gate shall have a removable bar.

• The bat gate shall have a tortoise door.

Task #3: Horizontal opening 76546 – BAT GATE Feature 76546 is an adit with a portal about 3 feet wide by 3 feet tall; adit passage opens larger inside. The adit is in a drainage approximately 200 feet below and 600 feet west of an open route; this road is rough in places.

An angle-iron bat gate shall be installed in conformance with Figure 2 and the associated Required Variations provided on the page subsequent the Construction Drawing, along with the following:

• The bat gate shall have a removable bar.

• The bat gate shall have a tortoise door.

Task #4: Excavation 76527 – FENCE

Feature 76527 is an excavation with vertical sides averaging 6’ deep. The feature is about 200 feet west of an open route; this road is rough in places.

A fence constructed of T-posts and smooth wire shall be installed in conformance with Figure 4, along with the following:

• The fence shall have tortoise fencing in conformance with Figure 5 and the associated Required Variations provided on the page subsequent the drawing.

Task #5: Horizontal opening 76515 – CULVERT GATE Feature 76515 is an adit with a portal about 4 feet wide by 3 feet tall; adit passage opens larger inside. The adit is approximately 100 feet west of an open route.

A culvert gate shall be installed in conformance with Figure 3 and the associated Required Variations provided on the page subsequent the Construction Drawing, along with the following:

• No PUF shall be used. The culvert shall be pinned to bedrock in at least 4 places and gaps around the culvert shall be filled with soil and rock.

• The culvert gate shall have a removable bar.

• The culvert gate shall have a tortoise door.

Task #6: Vertical opening 76517 – FENCE Feature 76517 is a shallow vertical shaft with a wooden collar and corrugated metal and wood used as lagging. Lagging and timbers have fallen in and become buried in soil at what appears to be the floor 20’ down. The shaft is approximately 2,000 feet from an open route.

A fence constructed of T-posts and smooth wire shall be installed in conformance with Figure 4, along with the following:

The fence shall have tortoise fencing in conformance with Figure 5 and the associated Required Variations provided on the page subsequent the drawing.

Task #7: Vertical opening 76523 – FENCE Feature 76517 is a wide but shallow vertical shaft. The shaft is approximately 2,000 feet from an open route.

A fence constructed of T-posts and smooth wire shall be installed in conformance with Figure 4, along with the following:

• The fence shall have tortoise fencing in conformance with Figure 5 and the associated Required Variations provided on the page subsequent the drawing.

ii. Construction Drawings and Required Variations

The following Construction Drawings and Required Variations shall be used in conjunction with the Task Specific Details (see Section I.C.i) to perform the remediation installations:

Figure 2. Angle Iron Bat Gate – Tasks 2, 3 (see associated Required Variations next page)

Figure 2 (continued): Angle Iron Bat Gate – Required Variations The bulleted items below represent modifications for installation from the standard bat gate drawing in Figure 2, as required by DPR. They consist of clarifications to, and changes from, the Construction Drawing.The Task Specific Details (see Section I.C.i), the above drawing (Figure 2), and these Required Variations must be applied jointly to properly install each bat gate:

• The uprights shall be on the portal side of the bat gate, with horizontal bars on the interior side of the bat gate, unless specified in the Task Specific Details.

• The sill plate shall be 6” angle iron or C-channel. The top of the sill plate must be flat and flush to grade of the adit floor to allow clear ingress/egress of small animals.

• The uprights shall stand atop the sill plate, as shown in Detail 2 on Figure 2.

• If a bat gate requires angled bracing down to the floor, 3” angle iron is an acceptable material.

• The bat gate shall have 8 anchoring pins, unless specified in the Task Specific Details: one pin driven up at the top of each upright, one pin driven down at the bottom of each upright, and four horizontal pins attached to the nearest bars at approximately 1/3 and 2/3 of the height of the gate (see Detail 2 on Figure 2).

• All bat gates shall have a removable bar, unless indicated in Task Specific Details.

• The removable bar shall be the third bar up from bottom, unless specified in the Task Specific Details.

• The removable bar shall be secured with two McGard bolts (no “equivalent” bolts allowed) Once installed and tightened, no threads on the McGard bolts shall be visible between the hanger and bolt receiver to reduce vandalism.

• The Contractor shall provide the McGard bolts and two matching keys for the project. The McGard bolts shall all be in a new pattern for Onyx Ranch SVRA.

DPR will provide a contact for the McGard company.

• No permanent writing shall remain on any structure at the completion of installation.

Figure 3: Culvert Gate - Task 5 (see associated Required Variations next page)

Figure 3 (continued): Culvert Gate – Required Variations culvert gate drawing in Figure 3, as required by DPR. They consist of clarifications to, and changes from, the Construction Drawing. The Task Specific Details (see Section I.C.i), the above drawing (Figure 3), and these Required Variations must be applied jointly to properly install each culvert gate:

• Culverts can be installed level (as shown in Detail 2 on Figure 3) or on any downangle, as needed to fit the maximum-size culvert with minimum disturbance.

• Culverts shall be made of 16-gauge corrugated galvanized metal pipe (CMP), unless stipulated in the Task Specific Details.

• The inside of all culverts shall be painted with a sound-damping material (e.g., Noxudol), unless stipulated in the Task Specific Details.

• The portal shall be cleared of loose rocks and earthen debris to the minimum extent necessary to insert the culvert.

• Both ends of the culvert shall be in contact with the ground surface to allow small animal ingress and egress.

• A rolled-ring bat gate shall either be installed inside the end of the culvert and secured via bolting (as per Detail 1 on Figure 3) or by perimeter welding.

Perimeter welding requires hammering the culvert edge down, as needed, to contact the rolled ring and welding all possible points of contact.

• All culvert gates shall have a removable bar, unless specified in the Task Specific Details.

• The removable bar shall be secured with two McGard bolts (no “equivalent” bolts allowed). Once installed and tightened, no threads on the McGard bolts shall be visible between the hanger and bolt receiver to reduce vandalism.

• The contractor shall provide the McGard bolts and two matching keys for the project. The McGard bolts shall all be in a new pattern for Onyx Ranch SVRA.

DPR will provide a contact for the McGard company.

• No permanent writing shall remain on any structure at the completion of installation.

Figure 4. Fence – Tasks 1, 4, 6, and 7 (see associated Figure 5 Tortoise Fencing and Required Variations next two pages)

Figure 5. Tortoise Fencing – Tasks 1, 4, 6, and 7 (see associated Figure 5 Fence previous page and Required Variations next page)

Figures 4 and 5 (continued): Fence and Tortoise Fencing – Required Variations tortoise fencing drawing in Figure 5 required by DPR. They consist of clarifications to, and changes from, the drawing. To properly install each fence with tortoise fencing, the Task-Specific Details (see Section I.C.i), the above drawing (Figure 4 and 5), and these Required Variations must be applied jointly:

• The fence diagram (Figure 4) is to be followed for the construction of the overall T-post and smooth wire fence itself, and the Tortoise Fencing diagram (Figure 5) is only to be followed for the installation of the welded-wire tortoise fencing component onto that fence.

• Corner tieback anchors may be #6 or #8 rebar or sections of T-post. The installed anchors should have the minimum above grade height to meet the needs of the anchoring process.

• Option 2 as shown in Figure 5 shall be used for installation (the fencing is bent onto the ground), and every effort shall be made to cover the bent section with cobbles that match the general color and appearance of the adjacent ground surface to minimize visual disturbance.

D. Construction Schedule

Construction will begin once the contract is fully executed, and a Work Authorization has been issued by the Department. It is anticipated that construction shall begin in January 2025 at the earliest and be completed as soon as feasible unless otherwise directed by the Department in coordination with DPR. The Contractor shall notify DPR and the Department prior to their start of construction to allow relevant staff to be present if desired.

Some features at the project sites have wildlife usage, with bats of special and significant concern. The Contractor shall thoroughly inspect the general area around the installation location at each feature immediately before installation begins. If any bats or nesting birds are observed, the Contractor shall exit the feature and contact DPR and the Department. No work shall proceed until authorized by DPR through the Department.

E. Cultural and Biological Resource Stipulations

The following stipulations are provided by DPR and shall be followed by the Contractor. Any deviations shall be discussed and agreed upon with DPR and the Department.

• Primary access to the project sites is limited to existing open routes. Off-road equipment travel and use are prohibited.

• Access to sites located in wilderness is by foot or pack animal only.

Mechanized transport and motorized equipment are prohibited in wilderness areas. All work inside wilderness areas is restricted to hand tools unless otherwise specifically authorized and monitored by DPR.

• Extra caution is required during the desert tortoise active season. Drive slowly, watch for tortoises on roads, and check under the vehicle before moving. Prior to the start of work in Onyx Ranch, all contractor staff shall view this desert tortoise training video:

https://www.nps.gov/media/video/view.htm?id=DBCCFE6F-F66A-FDCE-

1909BC5E55030DFF

• All persons involved with the project must follow the most recent version of the National White-nose Syndrome (WNS) Decontamination Protocol:

o Before entering Onyx Ranch:

All tools, equipment, and clothing will be properly decontaminated (see below).

https://www.nps.gov/media/video/view.htm?id=DBCCFE6F-F66A-FDCE-1909BC5E55030DFF https://www.nps.gov/media/video/view.htm?id=DBCCFE6F-F66A-FDCE-1909BC5E55030DFF

If the Contractor has previously worked at a WNS-positive site, any clothing or tools used at that site will not be used on this project.

o Before moving between mine sites or demobilizing from a mine site:

Remove dirt/mud from equipment at site.

When feasible, change into clean clothing and footwear prior to entering a vehicle.

Isolate work clothing in a garbage bag or other container.

Spray work boots and hard wearable items (e.g., hard hat, welding helmet) with 70% Isopropyl alcohol and let dry.

Wash work clothing with hot water.

• To reduce the risk of introducing invasive plant species, all equipment, tools, and materials shall be washed, free of mud, and inspected prior to transport to the project sites.

• Limit vegetation removal and other surface disturbance to the minimum required for project implementation.

• Joshua trees, yuccas, and cactus (e.g., barrel, cholla, etc.) shall not be disturbed.

• Feeding of wildlife, leaving of food or trash as an attractive nuisance to wildlife, collection of native plants, or harassment of wildlife is prohibited.

• Collection of any natural or historical materials (e.g., plants, seeds, rocks, artifacts) is strictly prohibited.

• Backfilling is prohibited unless specifically authorized by DPR.

• All motorized project equipment shall be equipped with spark arrestors and mufflers.

• To minimize the potential for accidental ignition from welding, the use of protective welding blankets, wetting down of vegetation or flammable cultural resources (e.g. collar timbering), and/or work in a non-vegetated area may be required.

• To protect cultural resources, if changes or modifications to the approved hazard mitigation methods become necessary due to unforeseen circumstances during project implementation, all work on that feature shall be stopped, and DPR shall be consulted prior to any deviation from the approved plan.

• All timbers, cribbing, or other features that retain the integrity and are associated with mine adits, shafts, or prospects proposed for remediation by this project shall be left in place and intact unless otherwise directly specified in the task descriptions. If loose artifacts (e.g., individual timbers on the floor inside an adit) must be moved to allow for access and construction, they shall be photographed and returned as closely to their original positions as possible.

• Any existing fences around mine features shall be removed only immediately prior to remediation work.

• Standard practices, such as the use of containment areas and spill cleaning kits, will be onsite to prevent toxic chemicals, hazardous materials, and other fluids from entering vegetation type streams, washes, and tributary networks through water runoff, erosion, or sediment transport. Contact DPR employees immediately if any spills occur.

• All materials, debris, and trash must be removed from site after completion of the installation.

• Project areas and adjacent staging areas shall be returned to approximate original site conditions upon completion of work, including any necessary replanting of vegetation and soil and rock arrangement.

• Immediately prior to project construction, an Environmental Scientist will conduct a pre-construction survey to identify any sensitive flora and fauna to be avoided during project construction; this includes flushing potential large mammals out of horizontal workings.

• If a sensitive resource, such as a special status species, burrows, or nesting birds, is identified, an appropriate avoidance buffer will be added and marked using high visibility flagging. All identified sensitive resources will be avoided during project construction.

• If any wildlife is observed within the construction area, all work will stop immediately and allow the wildlife to move out of the area on its own accord.

• A tribal monitor will monitor construction activities. In the event that cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease, and a qualified archaeologist meeting Secretary of Interior standards shall assess the find.

• An Environmental Scientist will be present during the start of project activities and will monitor the construction activities intermittently.

F. Worker Site Hazards Mitigation

The Contractor must provide at the site such equipment and medical facilities as are necessary to supply first aid service to anyone who may be injured in connection with the work. The Contractor will be responsible for accident prevention and safety in the performance of all work and will be governed by the requirements of this article in all operations at the work site. The Contractor shall ensure all personnel have appropriate Cal/OSHA trainings and certificates related to the work being performed. The Contractor must comply with all applicable safety regulations and orders of the State of California, Department of Industrial Relations, Division of Occupational Safety and Health and all applicable provisions of the California Health and Safety Code and will take or cause to be taken such additional measures as may be necessary for the prevention of accidents. The Contractor must impose the foregoing requirements on all subcontractors and enforce compliance therewith.

G. GenAI Disclosure Notification “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.

Bidders/Offerors must notify the State in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors. The State has developed a GenAI Disclosure & Factsheet to be completed by the Bidder/Offeror.

Failure to disclose GenAI to the State and submit the GenAI Disclosure & Factsheet will result in disqualification of the Bidder/Offeror and may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

Upon receipt of a Bidder/Offeror GenAI Disclosure & Factsheet 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.”

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

“Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

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

II. BUDGET DETAIL AND PAYMENT PROVISIONS

A. Invoicing and Payment

Payment for services performed under the Agreement will be made upon receipt of an acceptable invoice and approval by DPR of the completed task based on conformance with the Task Specific Details, Construction Drawings, Required Variations, any DPR-approved changes to design specifications, and information documented by the Contractor and/or the Department. The Contractor shall invoice the Department upon successful completion of services rendered. The State agrees to compensate the Contractor upon completion of a line item as specified in the Budget Detail. Invoices must be submitted via email (email address to be provided upon award of contract) or via regular mail to:

Department of Conservation 715 P Street, MS 1905 Sacramento, CA 95814

ATTN: TBD (will be provided upon award of contract)

An acceptable invoice must include:

• Date(s) of task performance.

• Contractor's name and address.

• Department's name and address.

• Department agreement number.

• Appropriate itemization that matches the Budget Detail.

• Deliverables stipulated in the Work Authorization.

The Department will verify and approve or disapprove the invoice item(s). If the Department does not approve the invoice item(s), the Department will dispute the invoice per Prompt Payment Act and provide opportunity to the Contractor to resolve the dispute.

Please note that invoices not submitted to one of the above listed addresses run the risk of not being received by the appropriate unit for processing or the appropriate unit not being aware that an invoice has been submitted. To ensure an invoice is received for processing and to start the Prompt Payment process it must be delivered to one of the addresses listed above.

B. Budget Contingency Clause

It is mutually agreed that if the State Budget Act of the current year and/or any subsequent years covered under the Agreement does not appropriate sufficient funds for the program, the Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to the Contractor or to furnish any other considerations under the Agreement and the Contractor shall not be obligated to perform any provisions of the Agreement.

If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel the Agreement with no liability occurring to the State or offer an Agreement amendment to the Contractor to reflect the reduced amount.

C. Prompt Payment Act

Payment will be made in accordance with and within the time specified in the California Government Code Chapter 4.5, commencing with Section 927.

III. BIDDER MINIMUM QUALIFICATIONS

In order for bids to be considered responsive, the bidding Contractor must:

1. Be registered with the California Department of Industrial Relations as described below (as well as any subcontractors listed in the bid).

2. Possess a current and active California General Contractor License.

3. Possess a current, signed Mine Safety and Health Administration (MSHA) Form

5000-23 for the onsite job foreman1 for completion of 40 hours of health and safety training.

4. Possess an Acord Certificate of Insurance and capability to meet all requirements as specifically outlined in Section IV.

5. Submit at least three (3) references with descriptions and photos of relevant abandoned mine remediation work performed (e.g., bat gates, culvert gates, cupolas, wire nets; see Attachment 5: Bidder References).

6. Participate in a mandatory pre-bid walkthrough at the job sites.

7. Submit all items detailed in Section VI in their bid package.

1 Only the onsite job foreman requires this certificate; additional workers onsite do not.

The winning bidder only must submit a copy of their Acord Certificate of Insurance with required endorsements. The Department will request these items after the contract award date.

IV. INSURANCE REQUIREMENTS

The following are general provisions which apply to all policies:

1. Coverage Term: Coverage needs to be in force for the complete term of the contract. If insurance expires during the term of the contract, a new certificate must be received by the State at least thirty (30) days prior to the expiration of this insurance. Any new insurance must comply with the original contract terms.

2. Policy Cancellation or Termination & Notice of Non-Renewal: Insurance policies shall contain a provision stating coverage will not be cancelled without thirty (30) days prior written notice to the State. New certificates of insurance are subject to the approval of the Department of General Services (DGS) and the Contractor agrees no work or services will be performed prior to obtaining such approval. In the event the Contractor fails to keep in effect at all times the specified insurance coverage, the State may, in addition to any other remedies it may have, terminate this contract upon the occurrence of such event, subject to the provisions of this contract.

3. Premiums, Assessments and Deductibles: The Contractor is responsible for any premiums, policy assessments, deductibles or self-insured retentions contained within their insurance program.

4. Primary Clause: Any required insurance contained in this contract shall be primary, and not excess or contributory, to any other insurance carried by the State.

5. Insurance Carrier Required Rating: All insurance companies must carry an AM Best rating and financial category rating acceptable to the Office of Risk and Insurance management. If the Contractor is self-insured for a portion or all its insurance, review of financial information including a letter of credit may be required.

6. Endorsements: Any required endorsements requested by the State must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance.

7. Inadequate Insurance: Inadequate or lack of insurance does not negate the Contractor's obligations under the contract.

8. Use of Subcontractors: The Contractor's insurance must state that there is blanket coverage while work is being performed under the contract. The Contractor shall include all Subcontractor's insurance equal to policies, coverages, and limits required of the Contractor.

The following are contract-specific insurance requirements. Bidder shall display evidence of the following on an Acord certificate of insurance evidencing the following coverages:

1. Commercial General Liability: The Contractor shall maintain general liability on an occurrence form with limits not less than $1,000,000 per occurrence for bodily injury and property damage liability combined with a $2,000,000 annual policy aggregate. A "per project aggregate" endorsement is required. The policy shall include coverage for liabilities arising out of premises, operations, independent contractors, products, completed operations, personal & advertising injury, and liability assumed under an insured contract. The policy must name The Department of Conservation, Division of Mine Reclamation, The State of California, its officers, agents, employees and servants as additional insureds, but only with respect to work performed under the contract. A Primary and Noncontributory endorsement must be included.

2. Business Automobile Liability: The Contractor shall maintain business automobile liability insurance for limits not less than $1,000,000 combined single limit. Such insurance shall cover liability arising out of a motor vehicle including owned, hired and non-owned motor vehicles.

3. Worker's Compensation and Employers Liability: The Contractor shall maintain statutory worker's compensation and employer's liability coverage for all its employees who will be engaged in the performance of the contract. A waiver of subrogation is required to be attached to the workers' compensation certificate of insurance. In addition, employer's liability limits of $1,000,000 are required. The Waiver of Subrogation should waive any right of subrogation against “The State of California, Dept of Conservation” as insured.

4. If a helicopter is used, the Contractor shall supply evidence of Aircraft Liability or Subcontractor's evidence of Aircraft Liability. The Contractor shall maintain Aircraft Liability limits not less than $5,000,000 including passenger and third-party coverage. The policy must name The Department of Conservation, Division of Mine Reclamation, The State of California, its officers, agents, employees and servants as additional insureds, but only with respect to work performed under the contract. A Primary and Noncontributory endorsement must be included.

V. PUBLIC WORKS REQUIREMENTS AND INFORMATION

This bid entails performance of “public work” for purposes of California Labor Code section 1720 et seq. The Contractor will cause work pursuant to the contract to be performed as a public work for purposes of and in compliance with California Labor Code section 1720 et seq. and related laws, implementing regulations, and guidance.

Work in furtherance of the contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR).

Each bidder submitting a bid for such contract work must be registered with DIR, pursuant to California Labor Code section 1725.5 and 1771.1, subdivision (a). A bidder who is not a DIR Registered Contractor when submitting a bid for the contract work is deemed “not qualified.” Pursuant to Labor Code section 1725.5, all subcontractors identified in a Bidder’s Subcontractor’s List shall also be DIR Registered Contractors at the time of bid submission. The Contractor shall submit proof of DIR registration with its bid proposal.

1. The Contractor shall ensure the following, in compliance with California Labor Code section 1720 et seq. and related laws, California Code of Regulations, title 8, section 16000 et seq., and guidance issued by DIR:

(a) That all Contractors, and subcontractors of any tier, are and remain DIR Registered Contractors at all times during the performance of the work.

Contractor shall provide the Department with evidence of such registration by each prospective subcontractor prior to entry into the subcontract, pursuant to California Labor Code section 1771.1.

(b) Workers employed in furtherance of this contract by the Contractor, or by any subcontractor, are compensated and employed in compliance with the prevailing wage determinations issued by the DIR pursuant to California Labor Code section 1770. DIR prevailing wage determinations are available at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. The Contractor is responsible for determining proper classifications of work for prevailing wage purposes, and for ensuring that the applicable prevailing wages are paid. The Contractor is responsible for ensuring the wage determinations used are current and not expired.

(c) Prevailing wage categories for this project include, but are not limited to:

i. Laborer SC-023-102-2, Group 1, general or construction, general clean up.

ii. Laborer SC-023-102-2, Group 3, laborer, fence erector.

iii. Fence Builder SC-23-31-20-2024-2, fence builder (carpenter)

iv. Iron Worker C-20-X-1-2024-1, Area 4, Ornamental, Reinforcing, Structural http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm

(d) Notices regarding applicable prevailing wage rates are posted at each job site, or at a single location that is readily available to all workers, as required by California Labor Code section 1771.4 and implementing regulations;

(e) The Contractor and all subcontractors shall:

i. Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in furtherance of the contract, as required by California Labor Code section 1776;

ii. Verify such payroll records under penalty of perjury under the laws of the State of California, as described in California Labor Code section 1776;

iii. Submit such records directly to the California Labor Commissioner, as required by California Labor Code section 1771.4, subdivision (a)(3); and

iv. Comply with all other requirements of California Labor Code section 1776;

payroll records and other records of performance of work may be inspected upon request by DIR or the Department, for purposes of monitoring compliance with referenced laws in fulfillment of the contract;

(f) The Contractor monitors the payment of the specified general prevailing rate of per diem wages by each subcontractor to its employees, by periodic review of the certified payroll records of each subcontractor; upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the Contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor; prior to making final payment to a subcontractor, the Contractor shall obtain an affidavit signed under penalty of perjury under the laws of the State of California from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees, any amounts due pursuant to California Labor Code section 1813;

(g) The Contractor complies with any request of the Labor Commissioner to withhold and transfer money otherwise due to a subcontractor, in order to satisfy a wage and penalty assessment, pursuant to California Labor Code section 1727, subdivision (b); the Contractor acknowledges that the Department may withhold amounts otherwise due to the Contractor in order to satisfy a Civil Wage and Penalty assessment issued by the Labor Commissioner, pursuant to California Labor Code section 1727, subdivision (a);

(h) Deficient wages are paid to workers, and penalties determined by the Labor Commissioner are satisfied, by the Contractor and by all subcontractors, in compliance with California Labor Code section 1776 and implementing regulations and guidance; all subcontracts of any tier shall include a copy of the provisions of California Labor Code sections 1771, 1775, 1776, 1777.5, 1813, and 1815;

(i) The Contractor and all subcontracts comply with requirements related to employment of apprentices, set forth in California Labor Code, related regulations, and guidance from DIR. Properly registered apprentices shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he or she is employed, and shall be employed only at the work of the craft or trade to which he or she is registered. Special attention is directed to Sections 1777.5, 1777.6, and 1777.7 of the California Labor Code and Title 8, California Administrative Code section 200 et seq. Each Contractor and subcontractor must, prior to commencement of the public works contract, contact the Division of Apprenticeship Standards, 455 Golden Gate Avenue, San Francisco, California, 94102, or one (1) of its branch offices to ensure compliance and complete understanding of the law regarding apprentices and specifically the required ration thereunder. Responsibility for compliance with this section lies with the Contractor.

(j) The Contractor and all subcontractors comply with the working hours requirements set forth in California Labor Code section 1810 et seq., including payment of overtime wages; except as allowed under California Labor Code section 1815, the maximum hours a worker is to be employed is limited to eight hours a day and forty hours a week and the Contractor and any subcontractors shall forfeit, as a penalty to the State, twenty-five dollars ($25) for each worker employed in the execution of the contract for each calendar day during which a worker is required or permitted to labor more than eight hours in any calendar day or more than forty hours in any calendar week;

(k) The Contractor and all subcontractors comply with the workers compensation insurance requirements of California Labor Code sections 1860 and 3700 et seq.; Contractor and each subcontract shall sign and file with the Department the following certification prior to performing work pursuant to the contract: “I am aware of the provisions of section 3700 of the California Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract”; and

(l) No subcontractor that is currently debarred by the Labor Commissioner from performing work on public works, pursuant to California Labor Code section

1777.1 shall perform work on the contract.

2. The Contractor and any subcontractor under the contractor shall, as a penalty to the State, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by DIR for the work or craft in which the worker is employed, and in addition the Contractor and any subcontractor under the contract further agrees to pay to each worker the difference between the actual amount paid for each calendar day, or portion thereof, and the stipulated prevailing wage rate for the same. This provision shall not apply to properly registered apprentices.

3. The Contractor and subcontractors may contact DIR to obtain authoritative and complete instructions regarding their responsibilities regarding prevailing wage requirements and other requirements described above. Oral statements by Department staff regarding responsibilities of the Contractor and subcontractors regarding the above-referenced laws may not be relied upon by the Contractor.

The Department will take cognizance of violations of the above-referenced laws, regulations, and guidelines, and will assist DIR in monitoring and enforcement actions, including by withholding amounts dues as required by California Labor Code section 1727, notwithstanding any other provisions of this contract.

4. The contract is subject to state contractor nondiscrimination and compliance requirements as stated in Public Contract Code section 11119.

5. By signing the contract, the Contractor swears under penalty of perjury that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against the Contractor within the immediately preceding two

(2) year period because of the Contractor’s failure to comply with an order of a Federal court which order the Contractor to comply with an order of the National Labor Relations Board.

6. Department of Conservation required document submittal and review process:

a. The Contractor is required to submit documents to stephanie.sherlock@conservation.ca.gov

b. The Contractor shall submit to the Department a weekly Public Works Certified Payroll Form or Electronic Certified Payroll Record (ECPR).

c. Weekly payroll submissions must be received by the Department seven (7) calendar days after the pay period ends. The Contractor will remove or redact all personal identification information from payroll reports.

d. The Department shall review all payroll and benefit calculations for accuracy.

e. Contractor shall correct and resubmit any payroll errors to the Department within seven (7) calendar days of notification.

mailto:stephanie.sherlock@conservation.ca.gov

f. Contractor shall submit to the Department a weekly Statement of Compliance Certification with weekly Public Works Certified Payroll report or Electronic Certified Payroll Record.

g. The Department shall verify Contractor has paid all required Training Fees for the Apprenticeship program and Contractor has transmitted those amounts to the state.

h. The Department shall verify Contractor is paying correct labor classifications and wages, based on the current Prevailing Wage Determinations.

i. The Contractor shall submit proof of submission of the Apprenticeship Request Form to the Department.

j. The Department shall verify Contractor is registered as an active Public Works Contractor for the life of the contract.

VI. BID REQUIREMENTS AND INFORMATION

A. Key Action Dates and Times

The following schedule has been established for information purposes. Efforts will be made to adhere to this plan, but the Department reserves the right to adjust the dates and times as required by circumstances. All event times are in the Pacific Time Zone.

Event Date and Times* Bid Solicitation Available to Prospective Bidders Thursday, November 14 by 3:00 PM Mandatory Pre-Bid Walkthrough (Start) Tuesday, December 3 at 7:00 AM Written Questions Submission Deadline Monday, December 9 at 5:00 PM Responses to Questions Deadline Thursday, December 12 at 3:00 PM Bid Submission Deadline Friday, December 20 at 2:00 PM Bid Opening Monday, December 23 at 2:15 PM Proposed Award Date Monday, December 23 at 3:00 PM

*NOTE: All dates and times after the Bid Submission Deadline are approximate and may be adjusted as conditions indicate without an Addendum to this IFB.

B. Mandatory Pre-Bid Walkthrough

Contractors wishing to bid are required to attend the entire duration of a mandatory pre-bid walkthrough. The following conditions apply to this pre-bid site visit:

1. Contractors wishing to bid on this solicitation are required to attend…