9TSC0105-IFB.pdf

STATE OF CALIFORNIA - THE NATURAL RESOURCES AGENCY GAVIN NEWSOM, Governor

CONSERVATION IS WISE-KEEP CALIFORNIA GREEN AND GOLDEN

PLEASE REMEMBER TO CONSERVE ENERGY. FOR TIPS AND INFORMATION, VISIT “FLEX YOUR POWER” AT WWW.CA.GOV

DEPARTMENT OF FORESTRY AND FIRE PROTECTION

P.O. Box 944246

SACRAMENTO, CA 94244-2460

(916) 653-7772 Website: www.fire.ca.gov

Invitation for Bid Notice to Prospective Bidders

#9TSC0105 Rincon Fire Station Replacement - General Contractor

August 26, 2024

You are invited to review and respond to this Invitation for Bid (IFB). In submitting your bid, you must comply with these instructions.

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.

Note that all agreements entered into with the State of California will include, by reference, General Terms and Conditions (GTC 04/2017) and Contractor Certification Clauses that may be viewed and downloaded at the following internet site: Standard Contract Language (ca.gov). If you do not have Internet access, a hard copy can be provided by contacting the person listed below.

Bidders shall be aware of the requirements of codes referenced throughout this document. Bidders may access applicable codes through publications or via the internet at: Code Search (ca.gov)

This contract requires Prevailing Wages if the total bid amount exceeds $1,000.00. If the total bid amount is under $1,000.00, then Prevailing Wage language will be removed prior to award. Refer to Sample Standard Agreement, for requirement details

In the opinion of Department of Forestry and Fire Protection (CAL FIRE), this Invitation for Bid is complete and without need of explanation. However, if you have questions, or should you need any clarifying information, the contact person for this IFB is:

Dennis Schrader Department of Forestry and Fire Protection

Dennis.Schrader@fire.ca.gov

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

Dennis Schrader Contracts Analyst http://www.fire.ca.gov/ https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://leginfo.legislature.ca.gov/faces/codes.xhtml mailto:Dennis.Schrader@fire.ca.gov

#9TSC0105 Rincon Fire Station Replacement - General Contractor

CAL FIRE

Table of Contents

1. Purpose and Description of Services

2. Bidder Minimum Qualifications

3. Bid Requirements and Information

a. Key Action Dates

b. Examination of Bid Documents and Project Site

c. Mandatory Pre-Bid Meeting

d. Written Question and Answer Period

e. Submission of Bid

4. Virtual Bid Opening

5. Evaluation and Selection

6. Award and Protest

7. Disposition of Bids

8. Agreement Execution and Performance

9. Project Information

a. Time of Completion and Liquidated Damages

b. Insurance and Bonds

c. Division 1 Specifications

d. Hazardous Materials

e. Geotechnical Data

f. Substitution of Alternative Materials, Articles, or Equipment

g. Discrepancies, Conflicts, Omissions, or Errors

10. Program Requirements and Incentives

a. Disabled Veteran Business Enterprise (DVBE) Program Requirement

b. Disabled Veteran Business Enterprise (DVBE) Incentive

c. Commercially Useful Function

d. Declaration Forms

e. CAL FIRE Advocates

11. Preference Programs

a. Small Business Preference

b. Target Area Contract Preference Act (TACPA)

12. Escrow Bid Documents

13. Required Attachments

a. Required Attachment Checklist

b. Bid/Bidder Certification Sheet

c. Bid Form

d. Disabled Veteran Business Enterprise Declarations (STD 843)

e. Bidder Declarations (GSPD-05-105)

f. Darfur Contracting Act (CAL FIRE-720)24……………………………………………………………………….24

g. ran Contracting Act Certification…………………………………………………………………………………..26

h. Generative Artificial Intelligence (GenAI) Disclosure & Factsheet…………………………………………….27

i. Payee Data Record (STD 204)

j. Contractor Certification Clauses (CCC 04/2017)

k. Non-Collusion Affidavit……………………………………………………………………………………………..30

l. California Civil Rights Laws Attachment

m. Contact Information

n. Proof of Prime Bidder’s Minimum Requirements

14. Sample Agreement

a. STD213 Sample Standard Agreement

b. Scope of Work

c. Budget Detail and Payment Provisions…………………………………………………………………………..39

d. Special Terms and Conditions

e. Additional Provisions

f. SB/DVBE Subcontractor Payment Certification

g. Glossary

1. Purpose and Description of Services

The Department of Forestry and Fire Protection (CAL FIRE) is seeking services for the replacement of an existing fire station, located in San Diego County. Prime Bidder shall be responsible for the construction of a two (2)-engine, 12-bed, fire station. This project consists of demolition of the existing facility and the design and construction of a new two (2)-engine, twelve (12)-bed barracks/mess hall, single building fire station with Battalion Chief office, a generator building, a storage building, a trash enclosure, a vehicle wash building, and a hose wash rack. Project site improvements shall include grading, paving, underground utilities, utility switchboard, distribution panels, generator, retaining walls, septic system, leach fields, liquefied petroleum gas (LPG) tanks, drainage, curb/gutter/sidewalks, landscaping/irrigation, fuel tanks, well, site fencing, gates, lighting, communication tower, and all associated appurtenances. Fire station Occupancy Type B/R2/S2, Construction Type V-B, Generator/Storage Building Occupancy Type S2, Construction Type V-B, and a Vehicle Wash Building Occupancy Type B, Construction Type II-B

2. Bidder Minimum Qualifications

A. The Prime Bidder must be either an individual or firm currently licensed to do business in California and provide proof of such as required in Attachment 1, Required Attachment Checklist.

B. The Prime Bidder must have a business license or incorporation papers for their respective State showing that their company is in good standing in that State, if the Prime Bidder’s base of operation is located outside the State of California and provide proof of such as required in Attachment 13.

C. The Prime Bidder and any subcontractors must be currently registered with the Department of Industrial Relations (DIR), as specified by Labor Code section 1725.5. The Prime Bidder must provide proof of registration for the contractor and any subcontractors [Note: Registration can be completed online at Contractor Registration (ca.gov)]

D. (If applicable) Pursuant to Public Contract Code (PCC) section 2010, a person that submits a bid or proposal to […] a state agency with respect to any contract in the amount of $100,000, or more, shall complete the California Civil Rights Laws Attachment; the link to this form can be found on page 29.

E. The Prime Bidder must be a licensed contractor with the California Contractors State License Board (CSLB), with an active B – General Building Contractor license. Proof of current licensing must be submitted with bid packages. If not licensed for all disciplines required to complete the service, the Prime Bidder must utilize applicable subcontracting, and must confirm licensing is current and active throughout the duration of the service.

Joint venture Prime Bidders must possess a joint venture license. Each party to a joint venture shall be properly licensed for the Work of this Project and must provide proof of such licensing with the bid submission.

F. The Prime Bidder must self-perform a minimum 30% of the project. Proof of required self-performance must be submitted as an attachment to Attachment 5 Bidder Declaration and must detail all services to be performed by the Prime Bidder and the corresponding percentage of the total bid price for each service.

G. The Prime Bidder must provide a security deposit with their bid submission in an amount equal to 10% of the amount of the bid; security deposit to be in the form of a Bidder’s Bond. The bidder’s bond must be payable to the Owner, as follows: Department of Forestry and Fire Protection, P.O. Box 944246, Sacramento, CA 94244-2460.

3. Bid Requirements and Information

A. Key Action Dates

It is recognized that time is of the essence. All bidders are hereby advised of the following schedule and will be expected to adhere to the required dates and times. Dates are subject to change.

https://www.dir.ca.gov/Public-Works/Contractor-Registration.html https://www.dir.ca.gov/Public-Works/Contractor-Registration.html

Event Date Time

IFB available to prospective bidders 08/26/2024

Mandatory Pre-bid Walk-through 09/10/2024 11:00 a.m.

Questions 09/18/2024 2:00 p.m.

Answers 09/27/2024

Final Date for Bid Submission 10/17/2024 2:00 p.m.

Virtual Bid Opening 10/17/2024 2:30 p.m.

Proposed Award Date 11/04/2024

Anticipated Contract Execution Date 12/01/2024

B. Examination of Bid Documents and Project Site

1) Bidder’s Responsibility:

a) The Prime Bidder shall carefully examine the Work site, drawings, and specifications.

b) By submitting a bid, the Prime Bidder acknowledges that they understand the character, quality and quantity of surface, locations of utilities, subsurface materials, or obstacles to be encountered; insofar as this information is reasonably ascertainable from inspection of the Work site, drawings, and specifications; reference the included Sample Agreement for available/incorporated documents.

c) The Prime Bidder’s examination shall include any exploratory Work done by the State, as well as information presented in the drawings, specifications, and other documents as available.

2) Failure by the Prime Bidder to acquaint itself with available information will not relieve them from responsibility for estimating properly the difficulty or cost of successfully performing the Work.

C. Mandatory Pre-Bid Meeting

1) A mandatory pre-bid meeting is scheduled at 11:00 a.m. on September 10, 2024, for viewing the site and addressing questions or concerns regarding this IFB. To ensure your participation, please notify Dennis Schrader no later than September 09, 2024, by email: Dennis.Schrader@fire.ca.gov.

The meeting site is CAL FIRE’s Rincon Fire Station, located at 16971 Hwy 76, Pauma Valley, CA 92061.

2) If a potential prime contractor is unable to attend the mandatory pre-bid meeting, an authorized representative may attend on their behalf. The representative may only sign-in for one (1) company. Subcontractors may not represent a potential prime contractor at the mandatory pre-bid meeting. No bid will be accepted unless the bidder or their authorized representative attended the mandatory pre-bid meeting.

D. Written Question and Answer Period

Potential Bidders who attended the pre-bid meeting may submit written questions regarding the bid by 2:00 p.m. on September 18, 2024. All questions should be emailed in writing to Dennis.Schrader@fire.ca.gov and CAL FIRE will provide answers to questions by written response on September 27, 2024. NO QUESTIONS will be entertained after September 18, 2024.

E. Submission of Bid

1) All bids must be submitted electronically by the date and time shown in Section 3.A, Bid Requirements, Key

Action Dates, (page 4).

a) Electronic bid submittals shall be sent to Dennis.Schrader@fire.ca.gov

b) All bid documents must be in a PDF format, attached to the email. If any bid information is contained in the body of the email, the bid will be rejected.

c) The subject line of the email must include: 9TSC0105 Rincon Fire Station Replacement – General

Contractor, Date TBD [Company Name]

2) All bids shall include the documents identified in Attachment 1, Required Attachment Checklist (page 16).

Bids not including the proper "Required Attachments" shall be deemed non-responsive. A non-responsive bid is one that does not meet the basic bid requirements.

3) All documents requiring a signature must bear the signature of a person authorized to bind the bidding firm.

4) When Bid Form is signed by an agent, other than an officer or officers of a corporation authorized to sign contracts on its behalf, or are signed by an agent other than a partner of a partnership, or by an agent for an individual, a power of attorney must be on file with the CAL FIRE prior to opening bids or shall be submitted within the bid package; otherwise the bid will be rejected as irregular and unauthorized.

5) Bids must be submitted for the performance of all the services described herein. Any deviation from the work specifications will not be considered and will cause a bid to be rejected.

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

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

8) An individual who is authorized to bind the bidder contractually shall sign Attachment 2, Bid/Bidder

Certification Sheet (page 11). The signature should indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected.

9) A bidder may modify a bid after its submission by withdrawing its original bid and resubmitting a new bid prior to the bid submission deadline. Bidder modifications offered in any other manner, oral or written, will not be considered.

10) A bidder may withdraw its bid by submitting a written withdrawal request to the State, signed by the bidder or an authorized agent. A bidder may thereafter submit a new bid prior to the bid submission deadline. Bids may not be withdrawn without cause after bid submission deadline.

11) The awarding agency may modify the IFB prior to the date fixed for submission of bids by the issuance of an addendum to all parties who received a bid package.

12) The awarding agency reserves the right to reject all bids. The agency is not required to award an agreement.

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

14) Where applicable, bidder should carefully examine Work sites and specifications. Bidder shall investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered.

No additions or increases to the agreement amount will be made due to a lack of careful examination of Work sites and specifications.

15) The State does not accept alternate contract language from a prospective Contractor. A bid with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable. The GTC may be viewed at Internet site www.dgs.ca.gov/contracts.

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

17) Bidder must complete and submit to the awarding agency the Payee Data Record (STD 204), to determine if the Contractor is subject to state income tax withholding pursuant to California Revenue and Taxation Code Sections 18662 and 26131. This form can be found on the Internet via the following link: STD 204 - Payee Data Record (ca.gov). No payment shall be made unless a completed STD 204 has been returned to the awarding agency.

If the Bidder’s remit-to address is different from their business address, they must also complete the Payee Data Record Supplement (STD 205) and include it with the bid response.

The Payee Data Record Supplement (STD 205) is available at the following website: STD 205 - Payee Data Record Supplement (ca.gov)

18) Bidder must sign and submit to the awarding agency the Contractor Certification Clauses (CCC), which can be found on the Internet via the following link: CCC 04/2017.

19) If more than one Bid Form is offered by an individual, firm, partnership, corporation, association, or any combination thereof, under the same or different names, all such Bid Forms may be rejected. A party who has quoted prices on materials or Work to a Prime Bidder is not thereby disqualified from quoting prices to other Prime Bidders.

20) Prime Bidders are put on notice that any collusive agreement fixing the prices to be bid so as to control or affect awarding of the Contract is in violation of competitive bidding requirements of the State Contract Act and may render void any Contract let under such circumstances.

21) Within ten (10) days after the award of the Contract, the Department of Forestry and Fire Protection will return Bidders’ security submissions (this is not applicable to the lowest three (3) bidders which will be retained), other than Bid Bonds, accompanying the Bid Forms that are not to be fully considered in making the award. Retained Bidder’s security will be held until the Contract has been fully executed, after which the retained Bidders’ security, except Bid Bonds, will be returned.

22) It is the sole responsibility of the Prime Bidder to ensure its bid is received in proper time. Bids received after the scheduled closing date and time for receipt of bids will be disqualified.

4. Virtual Bid Opening

A. The bid opening will only be held virtually.

B. Public Bid Opening dial in information:

1) Call: (650) 564-3271

2) Phone Conference ID: 222 264 498 425# http://www.dgs.ca.gov/contracts https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017.pdf

5. Evaluation, Selection, and Execution

A. At the time of bid opening, each bid will be checked for the presence or absence of required information in conformance with the submission requirements of this IFB.

B. The State will evaluate each bid to determine its responsiveness to the published requirements.

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

D. Award if made, will be to the lowest responsive and responsible bidder. If not awarding to the lowest, responsible bidder, the State will notify the low bidder five (5) days prior to contract award, including the reason why the lowest bidder is not being awarded the contract.

E. An award, if made, will be occur within forty-five (45) to sixty (60) days after bid opening. This time period for award is subject to an extension in the event an awarded Prime Bidder does not successfully execute the Contract and CAL FIRE must begin a new process with the next low-bidding Prime Bidder.

F. If a participating bidder(s) requests, in writing with their bid submission, that an Intent to Award be released by the State, then an Intent to Award memo will be posted for a minimum of five (5) Working days prior to contract award.

G. If awarding to the lowest bidder and no Intent to Award memo is requested, the State will move to contract award without delay.

H. In the event of a tie score, the award will be determined by a coin toss. The coin toss will be held in the State Agency’s headquarters area office. This is a public event, which the bidders will be invited to attend. The selection of the Contractor will be at the sole discretion of the State.

I. Upon award, the Contract shall be signed by the Prime Bidder within fifteen (15) days of receipt. The Contract shall not be binding upon the State until appropriately endorsed by the State’s legal Representative, in accordance with Public Contract Code, Section 10220. Contract Documents required for the Contract to be considered fully executed are as follows:

1) STD213 Standard Agreement, signed by both parties and CAL FIRE / Legal Office.

2) Bonds – Payment and Performance, fully-executed per the requirements detailed in Exhibit E of the

Agreement.

3) Insurance Documents required per Exhibit E of the Agreement and approved by the Department of General Services – Office of Risk and Insurance Management; CAL FIRE will submit to DGS/ORIM for their review/approval once the Prime Bidder submits documentation meeting all requirements.

4) A set of drawings and project manual signed by the awarded Prime Bidder.

5) In no event shall the awarded Prime Bidder commence Work until the State has issued a Notice to

Proceed. Should the awarded Prime bidder begin Work in advance of receiving a Notice to Proceed, any Work shall be considered as having been done at risk as a volunteer.

J. If the awarded Prime Bidder refuses or fails to execute the Contract within fifteen (15) days of receipt of the agreement, CAL FIRE may revoke the award and move to award the Contract to the second lowest responsive and responsible Prime Bidder. CAL FIRE will follow this same process until a Contract is successfully signed by all parties.

6. Award and Protest

A. Whenever an agreement is awarded under a procedure, which provides for competitive bidding, but the agreement is not to be awarded to the low bidder, the low bidder shall be notified by email five (5) Working days prior to the award of the agreement.

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

C. If any bidder, prior to the award of agreement, files a protest with the Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95605 and CAL FIRE, on the grounds that the (protesting) bidder is the lowest responsive responsible bidder, the agreement shall not be awarded until either the protest has been withdrawn or the Department of General Services has decided the matter.

D. Within five (5) days after filing the initial protest, the protesting bidder shall file with the Department of General

Services and the awarding agency a detailed written statement specifying the grounds for the protest. The written protest must be sent to the Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, California 95605. A copy of the detailed written statement should be mailed to the awarding agency. It is suggested that you submit any protest by certified or registered mail.

7. Disposition of Bids

A. Upon bid opening, all documents submitted in response to this IFB will become the property of the State of California and will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and subject to review by the public.

B. Bid packages may be returned only at the bidder's expense unless such expense is waived by the awarding agency.

8. Agreement Execution and Performance

A. Performance shall start not later than the express date set by the awarding agency and the Contractor, after all approvals have been obtained and the agreement is fully executed. Should the Contractor fail to commence Work at the agreed upon time, the awarding agency, upon five (5) days written notice to the Contractor, reserves the right to terminate the agreement. In addition, the Contractor shall be liable to the State for the difference between Contractor's bid price and the actual cost of performing Work by the second lowest bidder or by another contractor.

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

9. Project Information

A. Time of Completion and Liquidated Damages

1) All references to days will refer to calendar days, per a State of California employee calendar, unless otherwise stated elsewhere as working days.

2) All references to months will refer to calendar months.

3) The contract duration will be thirty (30) calendar months from the Notice to Proceed date. Construction duration will be twenty-four (24) calendar months from the Notice to Proceed date. The awarded Contractor will complete the project, and be substantially complete with closeout procedures, within the construction duration of twenty-four (24) calendar months.

4) Construction duration is subject to liquidated damages. For the awarded contract, the State’s good faith estimate of costs CAL FIRE may demand due to delay(s) of substantial completion, as defined in the Glossary of the Sample Agreement is $2,000.00 per day.

5) CAL FIRE anticipates construction to begin December, 2024.

B. Insurance and Bonds

A performance bond, payment bond, and applicable insurance will be required of the awarded contractor.

Bonds and insurance must be provided to CAL FIRE during contract development. The fully executed agreement will be dependent on receipt of both bonds and State approval that the awarded Contractor’s insurance meets the requirements of the Agreement.

C. Division 1 Specifications

In the event of conflict between the Special Terms, Conditions, and Provisions (detailed in the attached sample agreement) and the Division 1 Specifications for Administrative and Procedural Requirements, for the Work in this project, the Division 1 Specifications will govern.

D. Hazardous Materials

1) Interested Prime Bidders are notified that hazardous material(s) has been identified on the project site.

2) The awarded Contractor will be responsible for the removal and disposal of hazardous material(s) prior to all demolition activities.

E. Geotechnical Data

1) Because subsurface conditions indicated by soil borings are a sampling in relation to the entire construction area, and for other reasons, the State, the State's consultants, and the firm reporting the subsurface conditions do not warranty the conditions below the depths of the borings or that the strata logged from the borings are necessarily typical of the entire site. Any party using the information described in the soil borings and geotechnical report shall accept full responsibility for its use.

2) A geotechnical investigation report for this project, prepared by the California Geological Survey, dated

February 19, 2020, is available on Cal eProcure: Event Details (ca.gov).

3) The opinions expressed in the noted reports are those of a geotechnical engineer and represent interpretations of subsoil conditions, tests, and results of analyses conducted by a geotechnical engineer. The State is not responsible for interpretations or conclusions drawn from the data.

F. Substitution of Alternative Materials, Articles, or Equipment

Pursuant to PCC Section 3400, alternative material(s), article(s), or equipment that are of equal quality and of required characteristics for the purpose intended may be proposed during the bidding period; for use in the Work, provided the Bidder complies with the following requirements:

1) Proposals for alternative material(s), article(s), or equipment, requested during the bidding period, shall be submitted in writing, not later than twenty-one (21) days prior to bid opening.

2) The proposal will not be considered unless the submittal is accompanied by complete information and descriptive data necessary to determine equality of offered material(s), article(s), or equipment.

Samples shall be provided when requested by the State. Burden of proof as to comparative quality, suitability, and performance of offered material(s), article(s), or equipment shall be upon the Bidder submitting the proposal. The State will be the sole judge as to such matters. In the event the State rejects the use of such alternative(s) submitted, then one of the particular products originally specified in https://caleprocure.ca.gov/event/3540/0000026356 the Contract Documents shall be furnished. If the proposal is accepted, all Bidders will be notified by Addendum.

G. Discrepancies, Conflicts, Omissions, or Errors

1) If discrepancies, conflicts, omissions, errors, or clarifications are found in the drawings, project manual, or other incorporated document(s), prior to the date of bid opening, the Prime Bidder(s) shall request in writing any request for clarification by the due date and time identified for questions.

2) Any clarification(s) will be provided in the form of an addendum, issued to the Prime Bidders, and posted to Cal eProcure: Event Details (ca.gov).

3) If no addendums are issued, related to supposed discrepancy, conflict, omissions, or errors in figuring the Work, all bidders shall be aware that any discrepancies, conflicts, or omission between drawings and specifications shall be governed the terms of the executed Agreement.

4) Omission of an item in either the specifications or drawings does not create a discrepancy or conflict.

10. Program Requirements and Incentives

A. Disabled Veteran Business Enterprise (DVBE) Program Requirement:

The Disabled Veteran Business Enterprise (DVBE) Participation Goal Program for State contracts is established in PCC § 10115 et seq., Military and Veterans Code (MVC), § 999 et seq., and California Code of Regulations (CCR), Title 2, § 1896.60 et seq.

The Disabled Veteran Business Enterprise (DVBE) Participation Program was established to acknowledge disabled veterans for their service and to further DVBE participation in state contracting, promote competition and encourage greater economic opportunity. The state established a DVBE participation goal of at least three percent (3%).

An explanation of the DVBE Program can be found on the internet via the following link: Office of Small Business and Disabled Veteran Business Enterprise Services (ca.gov).

This solicitation requires a minimum DVBE participation percentage or goal of 3 percent. Responsive bidders must meet the minimum DVBE program requirement by utilizing a DVBE to perform Work for at least 3 percent of the total bid amount.

B. DVBE Incentive

1) In accordance with the MVC, Section 999.5(a), an incentive will be given to bidders who exceed the

DVBE program requirement. For evaluation purposes, only, the State shall apply an incentive to bids that propose California certified DVBE participation as identified on the Bidder Declaration GSPD-05-105 and confirmed by the State. The incentive amount for awards based on low price will vary in conjunction with the percentage of DVBE participation.

2) The following incentive award will apply. Incentive points will be applied to the non-cost points section for evaluation purposes.

Confirmed DVBE Participation of: DVBE Incentive 5% or over 5%

4% to 4.99% Inclusive 4% 3% to 3.99% Inclusive 3% 2% to 2.99% Inclusive 2%

0.1% to 1.99% Inclusive 1% https://caleprocure.ca.gov/event/3540/0000026356 https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/OSDS/OSDS?search=Disabled%20Veteran%20Business%20Enterprise%20(DVBE)%20Program https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/OSDS/OSDS?search=Disabled%20Veteran%20Business%20Enterprise%20(DVBE)%20Program

3) For awards based on low price, the net bid price of responsive bids will be reduced (for evaluation purposes only) by the amount of DVBE incentive as applied to the lowest responsive net bid price. If the lowest responsive, responsible bid is a California certified small business, the only bidders eligible for the incentive will be California certified small businesses.

4) An explanation of the DVBE Incentive can be found at the following website: DGS Contracting

Commitment with Small Businesses, DVBEs (ca.gov).

C. Commercially Useful Function

1) Only State of California, Office of Small Business and DVBE Services certified DVBEs who perform a commercially useful function relevant to this solicitation, may be used to satisfy the DVBE program requirements. Bidders are to verify each DVBE subcontractor’s certification with Office of Small Business and Disabled Veteran Business Enterprises Services (OSDS) to ensure DVBE eligibility.

2) Definition of Commercially Useful Function: California Code of Regulations, Title 2, § 1896.61(l) The term

"DVBE contractor, subcontractor or supplier" means any person or entity that satisfies the ownership (or management) and control requirements of §1896.61(f); is certified in accordance with §1896.70; and provides services or goods that contribute to the fulfillment of the contract requirements by performing a commercially useful function.

3) As defined in MVC §999, a person or an entity is deemed to perform a "commercially useful function" if a person or entity does all the following:

a) Is responsible for the execution of a distinct element of the Work of the contract.

b) Carries out the obligation by performing, managing, or supervising the Work involved.

c) Performs Work that is normal for its business services and functions.

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

4) A Contractor, subcontractor or supplier will not be considered to perform a commercially useful function if the Contractor's, subcontractor’s, or supplier's role is limited to that of an extra participant in a transaction, contract or project through which funds are passed to obtain the appearance of disabled veteran business enterprise participation.

5) The CAL FIRE Advocates listed herein can be contacted to help in identifying DBVE vendors that may perform a commercially useful function applicable to the scope of this solicitation.

D. Declaration Forms

1) Complete the Attachment 5 - Bidder Declaration GSPD-05-105 and include it with the bid response.

When completing the declaration, bidders must identify all subcontractors proposed for participation in the contract. Bidders awarded a contract are contractually obligated to use the subcontractors for the corresponding Work identified unless the State agrees to a substitution, and it is incorporated by amendment to the contract. This form is located on the internet via the following link: Bidder Declaration (ca.gov).

2) If applicable, bidders who have been certified by California as a DVBE (or who are bidding rental equipment and have obtained the participation of subcontractors certified by California as a DVBE) must also submit a completed form(s) STD. 843 (Disabled Veteran Business Enterprise Declaration). All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign the form(s). This form is located on the internet via the following link: STD. 843 (Rev. 11/2005) (ca.gov).

https://www.dgs.ca.gov/OBAS/Resources/Page-Content/OBAS-Resources-List-Folder/DGS-SB-DVBE-First-Policy https://www.dgs.ca.gov/OBAS/Resources/Page-Content/OBAS-Resources-List-Folder/DGS-SB-DVBE-First-Policy https://www.documents.dgs.ca.gov/DGS/FMC/GS/PD/GSPD05-105.pdf https://www.documents.dgs.ca.gov/DGS/FMC/GS/PD/GSPD05-105.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf

3) At the State’s option prior to award, bidders may be required to submit additional written clarifying information. Failure to submit the requested written information as specified may be grounds for bid rejection.

E. CAL FIRE Advocates

CAL FIRE Small Business and Disabled Veteran Business Enterprise Advocates are available to answer questions regarding the SB/DVBE Programs and Incentives and to help identify possible SB/DVBE vendors.

CAL FIRE ADVOCATES: sbdvbe.advocate@fire.ca.gov

11. Preference Programs

The following Preference Programs can be applied for qualifying bidders.

A. Small Business Bid Preference

As an incentive, a non-small business prime contractor who uses certified small business* subcontractors for at least twenty-five percent (25%) of its net bid price is eligible for a bid preference of five percent (5%) of the lowest responsible bid when competing against another non-small business. Participation must be documented, in detail, in the Bidder’s Declaration (Attachment 5).

A prime contractor who is a certified small business is eligible for the five percent (5%) bid preference.

Certified Small Business refers to those businesses registered as a small business with the Department of General Services, Office of Small Business and DVBE Services (OSDS). For more information: Office of Small Business and Disabled Veteran Business Enterprise Services (ca.gov)

B. Target Area Contract Preference Act (TACPA)

Promotes economic development and employment opportunities in designated distressed areas, by offering bidding preferences in specified state contracts.

For more information: TACPA | California Dept. of General Services - State of California - Dept. of General Services

12. Escrow Bid Documents

A. Within two (2) days of received bids being opened and read, the three (3) lowest bidding companies shall submit one (1) copy of all documentary information generated in preparation of submitted bid prices for this project. This material is hereinafter referred to as Escrow Bid Documents. The Escrow Bid Documents of the awarded Prime Bidder will be held in escrow for the duration of the Contract.

1) The awarded Prime Bidder agrees, as a condition of award of the Contract, that the Escrow Bid Documents constitute the only complete documentary information used in preparation of their bid. No other bid preparation information shall be considered in resolving disputes.

2) Nothing in the Escrow Bid Documents shall be deemed to change or modify the terms or conditions of the Contract Documents.

B. The Escrow Bid Documents are, and shall always remain, the property of the Contractor, subject only to joint review by the State and the Contractor, as provided herein.

a) The State acknowledges that the Escrow Bid Documents, as defined herein, constitute trade secrets.

mailto:sbdvbe.advocate@fire.ca.gov https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/OSDS/OSDS?search=Disabled%20Veteran%20Business%20Enterprise%20(DVBE)%20Program https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/OSDS/OSDS?search=Disabled%20Veteran%20Business%20Enterprise%20(DVBE)%20Program https://www.tacpa.dgs.ca.gov/ https://www.tacpa.dgs.ca.gov/

b) The State acknowledges that the Escrow Bid Documents and the information contained therein are made available to the State only.

c) The State agrees to safeguard the Escrow Bid Documents and all information contained herein, against disclosure to the fullest extent permitted by law.

C. Escrow Bid Documents may be used to assist in the negotiation of price adjustments, change orders, and in the settlement of disputes, claims, and other controversies. They will not be used, prior to award, for evaluation of the Prime Bidder’s anticipated methods of construction or to assess the Prime Bidder’s qualifications for performing the Work.

D. The three (3) lowest bidding companies shall submit Escrow Bid Documents in their usual cost estimating formats. The Escrow Bid Documents will be adequate to enable complete understanding and proper interpretation for their intended use. The Escrow Bid Documents shall be in the format as follows:

a) The Escrow Bid Documents shall clearly itemize the estimated costs of performing the Work of each bid item contained in the bid. Bid items shall be separated into sub-items, as required, to present a complete and detailed cost estimate and allow a detailed cost review.

b) If a bid utilizes subcontracting for any portion of the Work, each subcontractor (including suppliers and transporters) whose total subcontract price exceeds five percent (5%) of the total contract price proposed by the Prime Bidder, or $100,000, whichever is the least, shall provide separate Escrow Bid Documents, in the same format as described above, and are to be included in the Prime Bidder’s submission of their Escrow Bid Document package.

E. The Escrow Bid Documents shall be submitted by the three (3) lowest bidding companies in a sealed envelope within two (2) days, after the time of received bids being opened and read. The envelope shall be clearly marked with the Company name, date of submittal, project name (Rincon Fire Station Replacement Project), project number (9TSC0105), and the words “Escrow Bid Documents”.

1) The Escrow Bid Documents shall be accompanied with the below Bid Document Certification, signed by an individual authorized by the Prime Bidder to execute the bid form.

2) The package shall be mailed/delivered to:

Technical Services Unit Attn: Jonathan Pike 1131 S Street

Sacramento, CA 95811

3) Timely submission of complete Escrow Bid Documents is an essential element of the Prime Bidder’s responsiveness. The State will open the Escrow Bid Documents in the presence of the Prime Bidder.

F. Bid Document Certification shall be in the following form:

BID DOCUMENT CERTIFICATION

The undersigned hereby certifies that the bid documentation contained herein constitutes the complete, only and all documentary information used in the preparation of the bid and that I have personally examined these contents and have found that this bid documentation is complete.

By:

Title:

Firm:

Date:

G. The Escrow Bid Documents of the awarded Prime Bidder will be held by the State.

H. Examination After Award of Contract: The Escrow Bid Documents may be examined by the State and/or the

Contractor, at any time deemed necessary after award of the Contract, to assist in negotiation of price adjustments and change orders, and/or in the settlement of disputes.

I. The Escrow Bid Documents will be returned to the Contractor at such time as the Contract has been completed and/or all outstanding issues, disputes or claims between the parties have been resolved.

13. Required Attachments

Refer to the following pages for additional Required Attachments that are a part of this solicitation.

9TSC0105 Rincon Fire Station Replacement - General Contractor

ATTACHMENT 1

REQUIRED ATTACHMENT CHECKLIST

A complete bid or bid package will consist of the items identified below. Complete this checklist to confirm the items in your bid. Place a check mark or “X” next to each item that you are submitting to the State. For your bid to be responsive, all required attachments must be returned. This checklist should be returned with your bid package also.

Attachment Attachment Name/Description

_____ Attachment 1 Required Attachment Checklist

_____ Attachment 2 Bid/Bidder Certification Sheet

_____ Attachment 3 Bid Form

_____ Attachment 4 STD 843 Disabled Veteran Business Enterprise Declarations

_____ Attachment 5 GSPD-05-105 Bidder Declaration

_____ Attachment 6 DARFUR Contracting Act (CAL FIRE 720)

_____ Attachment 7 Iran Contracting Act Certification (DGS PD 3)

_____ Attachment 8 Generative Artificial Intelligence (GenAI) Disclosure & Factsheet

_____ Attachment 9 Payee Data Records (STD 204 / STD 205)

_____ Attachment 10 Contractor Certification Clauses (CCC 042017)

_____ Attachment 11 Non-Collusion Affidavit

_____ Attachment 12 California Civil Rights Laws Attachment

_____ Attachment 13 Contact Information

_____ Attachment 14 Proof of:

1. The Prime Bidder must be either an individual or firm currently licensed to do business in California.

2. The Prime Bidder has a business license or incorporation papers for their respective State showing that their company is in good standing in that state, if the Prime Bidder’s base of operation is located outside the State of California.

3. The Prime Bidder and any subcontractors are currently registered with the Department of Industrial Relations (DIR), as specified by Labor Code section 1725.5.

4. Pursuant to PCC section 2010, a person that submits a bid or proposal to […] a state agency with respect to any contract in the amount of $100,000, or more, shall complete the California Civil Rights Laws Attachment; the link to this form can be found on page 31.

5. The Prime Bidder must be a licensed contractor with the California Contractors State License Board (CSLB), with an active B – General Building Contractor license. Proof of current licensing must be submitted with bid packages. If not licensed for all disciplines required to complete the service, the Prime Bidder must utilize applicable subcontracting, and must confirm licensing is current and active throughout the duration of the service.

6. The Prime Bidder must self-perform a minimum thirty percent (30%) of the project. Proof of required self-performance must be submitted as an attachment to Attachment 5 Bidder Declaration and must detail all services to be performed by the Prime Bidder and the corresponding percentage of the total bid price for each service.

7. The Prime Bidder must provide a security deposit with their bid submission in an amount equal to ten percent (10%) of the amount of the bid; security deposit to be in the form of a bidder’s bond. The bidder’s bond must be payable to the Owner, as follows: Department of Forestry and Fire Protection, P.O.

Box 944246, Sacramento, CA 94244-2460.

ATTACHMENT 2

BID/BIDDER CERTIFICATION SHEET

This Bid/Bidder Certification Sheet must be signed and returned along with all the "required attachments" as an entire package in duplicate with signatures.

Do not return IFB Sections A through M, page 18, or the "Sample Agreement" included in this IFB.

A. Our all-inclusive bid is submitted as detailed in Attachment 3, Bid Sheet.

B. All required attachments are included with this certification sheet.

C. I have read and understand the DVBE participation requirements and have included documentation demonstrating that I have met the participation goals.

D. The signature affixed hereon and dated certifies compliance with all the requirements of this bid document.

The signature below authorizes the verification of this certification.

An Unsigned Bid/Bidder Certification Sheet May Be Cause for Rejection

1. Company Name 2. Telephone Number 2a. Fax Number

3. Address

E-mail Address:

4. Indicate your business entity type

Sole Proprietorship Corporation L.L.C. Limited Liability Company

Indicate the applicable employee and/or corporation number:

5. Federal Employee ID No. (FEIN) 6. California Entity No.

7. Indicate applicable license and/or certification information:

8. Bidder’s Name (Print) 9. Title

10. Signature 11. Date

12. Are you certified with the Department of General Services, Office of Small Business and DVBE Certification as:

a. California Small Business Enterprise

Yes No Yes No

If yes, enter certification number:

F. Disabled Veteran Business Enterprise Yes No

If yes, enter certification number:

NOTE: A copy of your Certification is required to be included if either of the above items is checked “Yes”.

Date application was submitted to OSBCR, if an application is pending:

Completion Instructions for Bid/Bidder Certification Sheet

Complete the numbered items on the Bid/Bidder Certification Sheet by following the instructions below.

Item Number s

Instructions

1, 2, 2a, Must be completed. These items are self-explanatory.

Place a check to indicate your business entity type.

Enter your federal employee tax identification number.

Enter your entity number assigned by the California Secretary of State’s Office, if you have one.

This information is used for checking if a business entity is in good standing and qualified to conduct business in California.

Complete, if applicable, by indicating the type of license and/or certification that your firm possesses and that is required for the type of services being procured.

10, 11, 12, 13

Must be completed. These items are self-explanatory.

If certified as a California Small Business, place a check in the "Yes" box, and enter your certification number on the line. If certified as a Disabled Veterans Business Enterprise, place a check in the "Yes" box and enter your service code on the line. If you are not certified to one

(1) or both, place a check in the "No" box. If your certification is pending, enter the date your application was submitted to OSBCR.

ATTACHMENT 3

BID FORM

CERTIFICATIONS AND BASE BID

A. Base Bid, Single-Prime (all trades) Contract: The undersigned Bidder, having carefully examined the Procurement and Contracting Requirements, Conditions of the Contract, Drawings, Specifications, and all subsequent Addenda, as prepared by CAL FIRE Technical Services Headquarters Architectural & Engineering Unit, and being familiar with all conditions and requirements of the Work, hereby agrees to furnish all material, labor, equipment and services, including all scheduled allowances, necessary to complete the construction of the above-named project, according to the requirements of the Procurement and Contracting Documents, for the stipulated sum of:

Written Dollar Amount:

________________________________________________________________________________ Dollars

BIDDER’S GUARANTEE

A. The undersigned Bidder agrees to execute an Agreement for the Work in the above amount and as such agrees to furnish surety as specified within ten (10) days of receiving a written Notice of Award, if offered within ninety (90) days after opening of bids, and on failure to execute the Agreement within 15 days of receipt agrees to forfeit to the State the surety, as liquidated damages for such failure, in the following amount constituting five percent (5%) of the Base Bid amount above:

Written Dollar Amount:

________________________________________________________________________________ Dollars

B. In the event the State does not offer Notice of Award within the time limits stated above, the State will return to the undersigned the bid bond.

C. All sureties must identify the following as Owner: Department of Forestry and Fire Protection, P.O. Box 944246, Sacramento, CA 94244-2460.

TIME OF CONSTRUCTION COMPLETION

A. The undersigned…