STATE OF CALIFORNIA

OBS 4008 ( 10/12)

DEPARTMENT OF CORRECTIONS AND REHABILITATION (CDCR)

Quote Request-Services

QUOTE REQUEST (QR) INFORMATION

QR Number: C5613485-D Issue Date: 11/3/2026 Quote Due Date and Time: 12/15/2026 at 11 :00 AM The CDCR is inviting responses to this QR entitled:

Heating, Ventilation, Air Conditioning Testing, Adjusting and Balancing Services at California Correctional Institution (CCI).

SERVICES SHALL BE PROVIDED AT:

Location/Facility /Institution:

California Correctional Institution (CCI)

Address:

24900 State Highway 202, Tehachapi, CA 93561

Bidder Name:

Phone Number:

Fax Number:

Contact Name:

Title:

Signature:

CONTRACT ANALYST INFORMATION:

Name: Monique Stephens

Email Address: Monique.Stephens@cdcr.ca.gov

Phone Number: (279) 210-3791

BIDDER INFORMATION:

Address:

Email Address

Date:

SMALL BUSINESS/MICRO BUSINESS/DISABLED VETERANS BUSINESS ENTERPRISE (SB/MB/DVBE)

INFORMATION:

SB/MB/DVBE Certification Number: Expiration Date:

SOLICITATION DOCUMENTS INCLUDED IN THIS QR PACKAGE:

In accordance with the California Government Code (GC) and Americans with Disabilities Act (ADA) requirements, this QR can be made available in a text-only format on a compact disc as a disability-related reasonable accommodation. Contact the contract analyst listed above.

Included in this QR package are:

00. Quote Request (OBS 4008 Form) 01. Bidder Acknowledgment-Certification (OBS 300) 02. Bid Submittal Checklist

03. Standard Agreement (STD 213) Sample 04. Scope of Work (Exhibit A) 05. Budget Details and Payment Provisions for CCM/FPCM Contracts (Exhibit B)

6. Rate Sheet (Exhibit B-1)

7. General Terms and Conditions (Exhibit C)*

This document is incorporated in this bid package by reference only and is available on the Internet at https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017 .pdf - GTC 02/2025

8. CDCR Special Terms and Conditions (Exhibit D) 09. CDCR 2301 PREA Policy Information for Volunteers and Contractors (Exhibit E)

1 o. Standard Contractor Certification Clauses (CCC 04/2017) 11. Payee Data Record (STD 204) 12. Supplement Vendor Payee Data Record

Form 13. Gen Al Reporting and Fact Sheet (OBS 1000) 14. Sample Certificate of Insurance 15. Bidder Declaration (GSPD-05-105)

16. Non-Small Business Preference Request and Subcontractor Acknowledegment (OBS 555)

17. California DVBE Bid Incentive Instructions - Selecting Incentive Option 18. DVBE Declarations (DGS PD 843)

19. DVBE Bid Incentive Request and Acknowledgement (OBS 554)

20. Darfur Contracting Act (OBS 1500)

21. Service Technician References - Attachment 1

Anticipated Term of Services:

Start Date: 1/1/2027 or Upon Approval End Date: December 31, 2029

Total Amount from Rate Sheet (Exhibit B-1):

Quote Request Page 1 of 57

STATE OF CALIFORNIA

OBS 4008 ( 10/12)

QR Number: C5613485-D

DEPARTMENT OF CORRECTIONS AND REHABILITATION (CDCR)

SB/DVBE INFORMATION

Pursuant to GC §§14838.5 and 14838.7 for contract awards of greater than $5,000.00 but less than $250,000.00, this acquisition shall be awarded only to a State of California certified Small Business (SB), Micro Business (MB) or Disabled Veteran Business Enterprise (DVBE), or for public works contracts up to $250,000.00.

BIDDER INSTRUCTIONS AND REQUIREMENTS

1. Bidders are solely responsible for understanding the scope of work and all requirements, terms, conditions, evaluation criteria, etc. If the language is unclear or ambiguous, it is the bidder's responsibility to request clarification or assistance before submitting a QR. No verbal information will be binding upon the State unless the State issues such information in writing.

2. Email or Fax the signed QR form, certifications and/or qualifications, and the completed Rate Sheet (Exhibit B-1) on or before: 12/15/26 11:00 AM

3. Quantities listed on Rate Sheet (Exhibit B-1) are the State's estimates only and are offered as a basis for comparison of quotes. The State does not expressly or by implication agree that the actual amount of work will correspond therewith and reserves the right to omit portions of the work as may be deemed necessary by the State.

4. Bidder certifications and/or qualifications and/or licensing requirements (if any) are specified in Scope of Work (Exhibit A). The bidder shall provide verification as specified upon submitting a quote and comply with all requirements, if applicable.

5. In the case of a discrepancy between the Unit Price (e.g., Hourly Rate, Cost per Service) and Item Total (e.g., Hourly Rate x Hours Worked

= Item Total), the Unit Price shall prevail. However, if the Unit Price figure is ambiguous, illegible, uncertain, or is omitted, the Item Total shall be divided by the estimated usage (e.g., Hours Worked) to determine the Unit Price. In the case of a discrepancy between the Basis of

Award and the sum of the Item Totals, the sum of the Item Totals shall prevail.

6. The total amount of the quote will be rounded up to the nearest whole dollar when the Agreement documents are prepared.

7. By virtue of submitting a quote, the Contractor signing is accepting all terms and conditions expressed herein. A QR that references a supplier's own terms and conditions or provisions will be determined non-responsive and the QR will be rejected. The state assumes no responsibility, if a QR was not received timely or correctly.

8. Prohibition on T ax Delinquents: Persons or companies identified as the largest tax delinquents by the Franchise Tax Board (FTB) or the Board of Equalization (BOE) under authority of Sections 7063 or 19195 of the Revenue and T axation Code, shall be disqualified from the bidding process.

PCC §10295.4. Contractors included on tax delinquency lists; contracts void and unenforceable; (a) Notwithstanding any other law, a state agency shall not enter into any contract for the acquisition of goods or services with a contractor whose name appears on either list of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the Revenue and Taxation Code. Any contract entered into in violation of this subdivision is void and unenforceable. (b) This section shall apply to any contract executed on or after July 1, 2012

9. The State is not required to award an Agreement and reserves the right to reject all quotes.

10. In the event of a tie QR, CDCR reserves the right to determine the bidder based on the percent of discount specified on Rate Sheet

(Exhibit B-1), if applicable. If not applicable or if there is a tie discount, a witnessed coin toss or lot drawing will be used to determine the award.

11. Only quotes supplied on the State's own QR form and signed by an authorized representative will be considered.

12. For the purposes of this solicitation, award will be made on the basis of "All or None".

13. Pursuant to GC § 14838.5 "Notwithstanding the advertising, bidding, protest" this solicitation is exempt from protest.

14. The successful bidder will be required to complete a Payee Data Record (STD 204) form prior to issuance of the Agreement.

15. The successful bidder will enter into an Agreement with the State. If the agreement will be written as a Service and Expense Order and is less than $5,000.00 a Purchasing Authority Purchase Order (STD 65) form will be prepared. If the agreement is $5,000.00 a greater a Standard Agreement (STD 213) form will be prepared. The STD 65 and the STD 213 both include:

Exhibits A, B, B-1, C by reference, D, and E.

16. After award if the agreement is greater than $5,000.00, two (2) original STD 213 forms will be sent to the Contractor for signature. The

Contractor will sign each STD 213 with an original signature and return with any required supporting documentation. In the event the State has not received the signed Agreement and the required documents within the specified timeframe, the award may be rescinded and awarded to the next lowest responsible bidder.

17. The Agreement is not valid, unless and until approved by the Department of General Services (DGS), or, under its authority, the

CDCR. The State has no legal obligation unless and until the Agreement is approved. Any work commenced by the Contractor prior to Agreement approval may be considered voluntary and the Contractor may have to pursue claim for payment by filing with the

California Victim Compensation and Government Claims Board. When the Agreement is approved by the State, a fully executed copy will be forwarded to the awarded Contractor.

18. The State reserves the right to terminate the Agreement upon five (5) days written notice to the Contractor and award to the next lowest responsible bidder should the awarded Contractor fail to commence work at the agreed upon date and time.

19. The State reserves the right to amend the resulting Agreement. Rate increases, if any, must be included as part of the original QR.

Quote Request Page 2 of 57

Bidder Acknowledgement/Certification (OBS 300) Bid No. C5613485-D California Department of Corrections and Rehabilitation (CDCR)

The bidder hereby agrees to provide all labor, materials, supplies, licenses, permits, equipment and transportation necessary to perform all services required for the foregoing titled work in accordance with the Scope of Work, all Terms and Conditions, Disabled Veteran Business Enterprise (DVBE) requirements, if applicable, and such addenda thereto as may be issued before the public bid opening date, at the rates set forth by the bidder in Exhibit B-1, Rate Sheet. Exhibit B-1 Rate Sheet must be submitted with this Bidder Acknowledgement/Certification form.

Exhibit B-1 Rate Sheet shall remain in force for the stated term of this Agreement and shall include every item of expense, direct and indirect, including any taxes incidental to the specified rates.

By virtue of submitting this bid, the undersigned is accepting the terms and conditions expressed in this IFB. Any and all services performed outside the scope of this Agreement shall be at the sole risk and expense of the bidder.

COMPANY NAME:

STREET ADDRESS: P.O. BOX:

CITY, STATE AND ZIP CODE: CITY, STATE AND ZIP CODE:

TELEPHONE NUMBER: FAX NUMBER:

FEDERAL ID or SOCIAL SECURITY NUMBER: E-MAIL ADDRESS:

TAX STATUS [ ] Individual/Sole Proprietor [ ] Estate or Trust [ ] Partnership

[ ] Corporation (State in which incorporated _______) [ ] Other: ______________________

By signing this document, I CERTIFY UNDER PENALTY OF PERJURY, that I am duly authorized to legally bind the prospective proposer/bidder to the requirements of this bid document. This certification is made under the laws of the State of California.

PRINT NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

SIGNATURE OF AUTHORIZED REPRESENTATIVE: DATE:

Bidding Preferences Claimed (Check only the preferences claimed) Preferences: Certification Number/Expiration Date

DGS certified Small Business

DGS certified Micro Business

Non-Small Business Subcontractor Preference (committing use of 25% or more of DGS certified Small/Micro Business Subcontractors) include the OBS 555

DGS certified Disabled Veteran Business Enterprise

DVBE Incentive requested by bidder (include the completed OBS 554 with bid)

NVSA preference request TACPA Attach all applicable forms

Bidder Providing Facility(ies) If the bidder is supplying the facility(ies) for services, please specify the complete address(es) of the facility(ies) where services will be provided (use additional sheets if necessary). The bidder hereby

Street Address, City, State, Zip Code

Street Address, City, State, Zip Code

Quote Request Page 3 of 57

BID SUBMITTAL CHECKLIST

HEATING, VENTILATION, AIR CONDITONING TESTING, ADJUSTING AND

BALANCING SERVICES

QR No. C5613485-D

Use this checklist to ensure that the documents identified below are included in your company’s bid package. Place a check mark or “X” next to each document being submitted to the State. Failure to submit these documents may be cause for rejection of your bid. This checklist should also be returned with your bid.

A complete bid will consist of the documents identified below.

NOTE TO BIDDER: The company name identified on all documents submitted to the State (e.g., licenses, permits, certifications) must be identical to the company name written on the Bidder Acknowledgement/Certification (OBS 300). Failure to comply may cause delays in the award or result in the rejection of your bid.

_____ Bid Submittal Checklist (this checklist)

_____ Bidder Acknowledgement/Certification (OBS 300)

_____ Rate Sheet (Exhibit B-1)

_____ Copy of Contractor Certification Clauses (CCC 04/2017)

_____ Payee Data Record (STD 204)

_____ Supplement Vendor Payee Data Record Form

_____ Darfur Contracting Act (OBS 1500)

_____ Copy of valid California city or county business license (if applicable) or, if a corporation located within the State of California, incorporation documents or letter from the Secretary of State or, if not a California business, an affidavit that business is in good standing with the state, province, or country in which business is headquartered.

_____ Copy of a valid California “C-20 Warm-Air Heating, Ventilating and Air-Conditioning Contractor

License” issued by the California Contractor’s State Licensing Board (CSLB) or a valid “C-61/D-62 Limited Specialty Classification – Air/Water Testing, Adjusting and Balancing Contractor’s License issued by the CSLB or; The Contractor shall possess a valid “B”, General Building Contractor’s License with a subcontractor(s) who possesses the “C-20” Warm-Air Heating, Ventilating and Air- Conditioning required specialty licensed issued by CSLB or a “C-61/D-62 Limited Specialty Classification - Air and Water Balancing Specialty License issued by CSLB.

_____ Proof of Service Technician References for each service technician providing services under this agreement (Attachment 1)

_____ Proof of AABC or NEBB certification.

_____ Bidder Declaration (GSPD-05-105)

Quote Request Page 4 of 57

_____ Generative Artificial Intelligence (GenAI) Disclosure & Factsheet (OBS 1000)

_____ DVBE Declarations (DGS PD 843), if applicable

_____ DVBE Bid Incentive Request and Acknowledgement (OBS 554), if applicable

_____ Non-Small Business Preference Request and Subcontractor Acknowledgement (OBS 555), if applicable

NOTE TO BIDDER: In addition to the above, the Provider shall furnish the following to CDCR upon award

Copy of the Certificate(s) of Insurance providing:

_____ Proof of Commercial General Liability

_____ Proof of Automobile Liability

_____ Proof of Worker’s Compensation, if applicable (If exempt, please cite the legal code that exempts you from this requirement)

Quote Request Page 5 of 57

Quote Request Page 6 of 57

TBD Bid Number C5613485-D California Department of Corrections and Rehabilitation (CDCR) Exhibit A

Scope of Work

HEATING, VENTILATION, AIR CONDITONING

TESTING, ADJUSTING AND BALANCING SERVICES

1. INTRODUCTION / SERVICES

The Contractor shall perform Heating, Ventilation and Air Conditioning (HVAC), Testing, Adjusting and Balancing (TAB) services on an “as needed” basis and will be compensated for the services in accordance with the rates specified in Exhibit B-1, Rate Sheet. The Contractor shall include all labor, equipment, parts, devices, materials, programming, tools, installation, supervision, inspection, training, licenses, permits, insurance, transportation, travel and per diem, and any other item of expense necessary to provide the services for the California Department of Corrections and Rehabilitation (CDCR), Correctional Construction Mentorship (CCM) Program, California Correctional Institution (CCI), located at 24900 State Highway 202, Tehachapi, CA 93561.

2. CONTRACTOR RESPONSIBILITIES

The Contractor shall perform TAB services on an “as needed” basis for all or part of the HVAC systems. There will be various types of HVAC units, including, but not limited to, heat pump HVAC units, split system heat pumps, packaged rooftop units, Variable Air Volume units (VAV), and exhaust fans.

The Contractor shall use accurate means of measuring airflow and temperatures to balance the

HVAC system for optimum performance throughout the system. This also includes establishing a baseline reading prior to the CCM construction, test and balance phased CCM construction and upon completion of the renovated or new HVAC system.

All work shall be performed in accordance with specifications, California Occupational Safety and Health Association (Cal/OSHA) requirements, and the Code of Safe Practices. All TAB strategies and procedures shall be performed in accordance with the Associated Air Balance Council (AABC) or the National Environmental Balancing Bureau (NEBB).

In the event of a conflict between the Scope of Work (SOW) and Plans and Specifications, the

SOW shall prevail. Plans and Specifications will be provided to the awarding Contractor when required for service request.

The Contractor shall:

• Perform pre-test and a visual inspection of HVAC and ductwork installation.

• Ensure duct system is clean and leakage is minimized.

• Ensure air outlets and air vents are installed, connected, and working properly.

• Ensure filters are in place and the fans are rotating accurately.

• Verify control systems and equipment are operable and safe.

• Verify volume dampers and fire dampers are in place, working, and open.

• Ensure access doors are closed.

Quote Request Page 7 of 57

TBD Bid Number C5613485-D

• Report immediately any defects or deficiencies, abnormal conditions, and design reasons which prevent system balancing.

• Pre-test all components with the CCM Site Supervisor, prior to balancing services.

• Provide instruments required for testing, adjusting, and balancing operations.

• Ensure instruments are available to the CDCR Representative for spot checks during testing.

• Record all data observed and measured.

• Permanently mark new set points of valves, dampers, and other adjustable devices after adjustments are completed.

• Verify equipment and components are interlocked properly with other systems as indicated on the drawings or specifications.

• Provide final Air Balance Report documents, operation, and maintenance data as defined in the specifications.

3. CDCR / CCM RESPONSIBILITIES

CCM will:

• Assist in coordinating gate clearances for the Contractor prior to commencement of work.

• Provide the Contractor with an escort to and from the job-site location(s).

• Install the HVAC units and all associated ductwork, dampers, diffusers, registers, grills, and thermostats.

• Provide coordination between the Contractor, the institution, and other trades for work and system testing, as required.

4. NOTICE TO PROCEED / PHASES OF WORK

Services shall be accomplished in three phases as outlined below; however, the construction project requirements may not need all phases to be completed. The CCM Site Supervisor or CDCR Representative will issue a separate Notice to Proceed (NTP) for the phases needed per request.

Phase I – Work Plan; Jobsite Meetings, Qualification Data, Submittal Data, and TAB Plan including Strategies and Step-by-Step Procedures

An NTP for this phase will be issued by the CCM Site Supervisor or CDCR Representative. The Contractor shall begin Phase 1 within five calendar days from the NTP.

Quote Request Page 8 of 57

TBD Bid Number C5613485-D

Phase 2 – Pre-read “Testing” per Plans and Specifications

Contractor shall begin Phase 2 within five calendar days from the NTP and will provide completed report within five calendar days from pre-test.

Phase 3 – Testing, Adjusting, and Balancing per Specifications, Reports, and Inspections

Contractor shall begin Phase 3 within five calendar days from the NTP and will provide completed report within five calendar days from the day of balancing.

5. QUALIFICATIONS

The services shall be performed by a qualified independent Air balancing and testing agency, which is certified by the AABC or the NEBB or have a sub-contractor which is certified by the AABC or NEBB. The Contractor shall possess and maintain throughout the term of this Agreement, an AABC or NEBB certification.

The Contractor shall have a minimum of three years documented experience in adjusting and balancing of HVAC systems. Acceptable proof of experience is completion of three references, listed on Attachment 1 Service Technician References, which specifically identifies the following:

• Technician’s name

• Type of systems worked on; by make and model

• Dates that services were provided

• Verification that the service was satisfactory

• Current telephone number and address of reference

The references shall be for services performed no more than five years prior to the commencement date of the Agreement.

The Contractor shall have a minimum three (3) years documented experience certified by the AABC or NEBB.

The Contractor shall furnish CDCR with a Copy of valid Licenses/permits/certifications for any service technician within 48 hours of CDCR written request. Only qualified service technicians shall perform services. Apprentices or trainees are not acceptable.

6. LICENSE/PERMIT REQUIREMENTS

The Contractor shall possess and maintain throughout the term of this Agreement a valid California “C-20 Warm-Air Heating, Ventilating and Air-Conditioning Contractor License” issued by the California Contractors State License Board (CSLB) or a valid “C-61/D-62 Limited Specialty Classification – Air/Water Testing, Adjusting and Balancing Contractor’s License issued by the CSLB or; The Contractor shall possess a valid “B”, General Building Contractor’s License with a subcontractor(s) who possesses the “C-20” Warm-Air Heating, Ventilating and Air-Conditioning required specialty licensed issued by CSLB or a “C-61/D-62 Limited Specialty Classification - Air/Water Testing, Adjusting and Balancing required specialty License issued by

CSLB.

Quote Request Page 9 of 57

TBD Bid Number C5613485-D

The Contractor shall provide a copy of a valid California city or county business license, (if applicable). If a corporation is located within the State of California, incorporation documents or a letter from the Secretary of State or, if not a California business, an affidavit that the business is in good standing with the state, province, or country in which the business is headquartered.

7. SPECIFICATIONS

Specification of an area requiring a TAB report will be provided by the CCM Site Supervisor(s) by email in a Portable Document Format (PDF) during coordination of work for each area being requested. Contractor shall be responsible for printing the Specification(s) needed.

8. PLAN SHEETS

Mechanical Sheets will be provided by the CCM Site Supervisor or CDCR Representative via email to the Contractor during coordination of work for each area where services are requested.

The Contractor shall be responsible for printing hard copies.

9. PAYMENTS

The Contractor shall be paid for services monthly in arrears in accordance with the rates specified on the Exhibit B-1, Rate Sheet.

10. WORKING DAYS/HOURS

The Contractor shall provide services from Monday through Friday, 6:30 a.m. to 3:00 p.m., excluding State Holidays, unless otherwise arranged and approved by the CCM Site Supervisor and the Contractor.

The CCM Site Supervisor reserves the right to modify the service business hours to accommodate the institution and departmental needs.

11. CDCR CONTACT INFORMATION

Should questions or concerns arise during the term of this Agreement, the Contractor may contact the following offices:

Billing/Payment Issues:

Facility Planning, Construction and Management Marilee Gillespie, Contract Analyst Phone Number: (279) 223-2907 Email: Marilee.Gillespie@cdcr.ca.gov

Performance/Scope of Work Issues:

California Correctional Institution (CCI) Nathan Coe, CCM Construction Supervisor II Phone Number: (661) 723-8075 Email: Nathan.Coe@cdcr.ca.gov

Quote Request Page 10 of 57 mailto:Marilee.Gillespie@cdcr.ca.gov mailto:Nathan.Coe@cdcr.ca.gov

TBD Bid Number C5613485-D

General Contract Issues:

Office of Business Services Contract Management Branch Phone Number: (279) 210-3791 Email: m_cdcrobscontracts@cdcr.ca.gov

Quote Request Page 11 of 57 mailto:m_cdcrobscontracts@cdcr.ca.gov

TBD Bid Number C5613485-D California Department of Corrections and Rehabilitation (CDCR) Exhibit B Budget Details and Payment Provisions for CCM/FPCM Contracts Rev. 07/2026

1. Invoicing and Payment

a. For services satisfactorily rendered, and upon receipt and approval of Contractor’s Itemized invoices, the State agrees to compensate the Contractor in accordance with the rates specified herein on Exhibit B-1 Rate Sheet and made a part of this Agreement. Exhibit B-1 Rate Sheet shall remain in force for the stated term of this Agreement and shall include every item of expense, direct and indirect, including taxes incidental to the specified rates. There will be no additional compensation for travel, meals, lodging, including, but not limited to, the time involve with entering and exiting the institutions.

b. Invoices shall include the Agreement Number, “Ordered By” name, Project Number (if applicable) and shall be submitted by one of the following:

Monthly in arrears Progress Payments, monthly in arrears Lump Sum Payment, at the completion of services

The Contractor shall submit invoices for services rendered no later than sixty (60) days after performance of services along with any Service Reports that are required per the Scope of Work. If invoices are submitted without a required Service Report, the invoice will be disputed and returned to the Contractor.

c. The Contractor shall submit their invoices electronically to the appropriate email address listed below. The Contractor must use the name on the Agreement and the Agreement Number on the subject line of the email. The email must include an attached PDF file of the invoice, in accordance with the information above, and must reference the institution acronym and invoice number. Separate emails shall be sent for contracts with more than one participating institution, facility, office and/or site with the invoice information as stated above.

For electronic submission of invoices, send to:

m_FPCM-CPPS-Invoice@cdcr.ca.gov, If you are unable to submit invoices electronically, please mail your invoices to the Contract Analyst listed on Exhibit A, Scope of Services, at the address listed below:

California Department of Corrections and Rehabilitation 9838 Old Placerville Road, Suite B P.O. Box 942883 Sacramento, CA 95827

2. Budget Contingency Clause

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

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California Department of Corrections and Rehabilitation (CDCR) Exhibit B Budget Details and Payment Provisions for CCM/FPCM Contracts Rev. 07/2026

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

3. Prompt Payment Clause

Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. Payment to small/micro businesses shall be made in accordance with and within the time specified in Chapter 4.5, Government Code 927 et seq.

4. Subcontractors

Nothing contained in this Agreement, or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve the Contractor of Contractor’s responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor’s obligation to pay its subcontractors is an independent obligation from the State’s obligation to make payments to the Contractor. As a result, the State shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.

5. Advanced Payment for Non-Profit Organizations

Pursuant to Government Code Section (GC) 11019, upon review and approval of CDCR, the Contractor may request an advance payment for the fiscal year(s) covered by this agreement, which shall not exceed twenty five percent (25%) of the annual budget for each fiscal year. The CDCR will review and determine the need for an advance payment using the criteria contained in the department’s procedures for advance payments to Community-Based, Private, Non-Profit Organizations, CDCR shall recover one-twelfth (1/12) of the advance payment each month by the reduction of monthly invoices submitted for payment by the Contractor in accordance with the project budget amount for each fiscal year of the agreement.

6. Bidder Acknowledgement/Certification (OBS 300)

The Contractor hereby agrees to provide all labor, materials, supplies, licenses, permits, equipment and transportation necessary to perform all services required for the foregoing titled work in accordance with the Scope of Work and all Terms and Conditions

Any and all services performed outside the scope of this Agreement will be at the sole risk and expense of the Contractor.

Quote Request Page 13 of 57

TBD

California Department of Corrections and Rehabilitation (CDCR) Rate Sheet

Bid Number C5613485-D Exhibit B-1

Phases Description of Services Rate Per Hour Estimated Hours

2 Pre-read “Testing” per Plans and Specifications X 50 =

Testing, Adjusting, and Balancing per

Specifications, Reports, and Inspections

X 100 =

Contractor may offer a discount to the amount paid on invoices received and accepted by the CDCR in order for the invoices to be paid within thirty

(30) days of receipt. Discount offered on invoices must be at least one percent of the invoice amount and a minimum of $50.00.

Discount offered on invoices to be paid within 30 days of receipt = _____% *

* The percent of discount (highest discount prevails) may be used in the event of tie bids. In the case of a discrepancy between the Unit Price (e.g., Hourly Rate, Cost per Service) and Item Total (e.g., Hourly Rate x Hours Worked = Item Total), the Unit Price shall prevail. However, if the Unit Price figure is ambiguous, illegible, uncertain, or is omitted, the Item Total shall be divided by the estimated usage (e.g., Hours Worked) to determine the Unit Price. In the case of a discrepancy between the Basis of Award and the sum of the Item Totals, the sum of the Item Totals shall prevail.

*This Agreement shall be written for the State's estimate of $25,000.00. The "Basis for Award" is strictly used for bidding purposes only and used to determine the lowest responsive bidder.

Basis For Award

HEATING, VENTILATION, AIR CONDITIONING

Electronic bid packages include an Excel version of the Rate Sheet (Exhibit B-1) in addition to the PDF file in order to assist bidders in computing accurate totals. Bidders should donwload the Excel version and fill in the dollar amounts of the required cells.

NOTE: Bidder is required to bid each item. Rates must include all fees and taxes. Failure to indicate a dollar amount in any item will be grounds to reject the entire bid. A zero dollar ($0.00) amount listed for any and all items will be interpreted and understood by the State to mean that the bidder indicating a zero dollar amount shall perform any such services at no cost to the State.

Quantities listed on the Exhibit B-1, Rate Sheet are the State's estimates only and are offered as a basis of comparison of bids. The State does not expressly or by implication agree that the actual amount of work will correspond therewith and reserves the right to increase/omit portions of the works as may be deemed necessary or advisable by the State.

TOTAL BID AMOUNT (1+2+3)

Total Rates

= $ - X 3

TESTING, ADJUSTING AND BALANCING SERVICES

Work Plan; Jobsite Meetings, Qualification Data, Submittal Data, and TAB Plan including Strategies and Step-by-Step Procedures

Quote Request Page 14 of 57

California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions Rev. 12/2025

1. Contract Disputes (Supersedes provision number 6, Disputes, of Exhibit C)

As a condition precedent to Contractor’s right to institute and pursue litigation or other legally available dispute resolution process, if any, Contractor agrees that all disputes and/or claims of Contractor arising under or related to the Agreement shall be resolved pursuant to the following processes. Contractor’s failure to comply with said dispute resolution procedures shall constitute a failure to exhaust administrative remedies.

Pending the final resolution of any such disputes and/or claims, Contractor agrees to diligently proceed with the performance of the Agreement, including the delivering of goods or providing of services. Contractor’s failure to diligently proceed shall constitute a material breach of the Agreement.

The Agreement shall be interpreted, administered, and enforced according to the laws of the State of California. The parties agree that any suit brought hereunder shall have venue in Sacramento, California, the parties hereby waiving any claim or defense that such venue is not convenient or proper.

a. Final Payment

The acceptance by Contractor of final payment shall release the California Department of Corrections and Rehabilitation (CDCR) from all claims, demands and liability to Contractor for everything done or furnished in connection with this work and from every act and neglect of CDCR and others relating to or arising out of this work except for any claim previously accepted and/or in process of resolution.

b. Informal Appeal Contractor and the program or institution contract liaison, or other designated CDCR employee of the unit for which the goods are being delivered or the service is being performed, shall first attempt in good faith to resolve the dispute or claim by informal discussion(s). Contractor shall identify the issues and the relief sought. Informal discussion(s) between Contractor and contract liaison, or the designated CDCR employee, shall be written, dated, and signed by the authors.

The program or institution contract liaison shall issue an informal written statement to Contractor regarding the dispute within fifteen (15) calendar days following settlement or an impasse in the informal discussion(s) process. The written statement shall either: (1) document the dispute settlement and what, if any, conditions were reached;

or, (2) document the reason(s) the dispute could not be resolved informally and provide notification to Contractor of its option to file a formal appeal within thirty (30) days of the informal statement. One (1) copy of the informal statement and the discussion(s) on which it is based shall be forwarded immediately to the Office of Business Services (OBS) for inclusion in the Agreement file.

c. Formal Appeal If the dispute or claim is not resolved to Contractor’s satisfaction by the informal appeal process, Contractor may file with the Chief, Contracts Management Branch (CMB), OBS, and a formal written appeal within thirty (30) calendar days of the date of CDCR’s informal written decision. The formal written appeal shall be addressed as follows:

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(SUBJECT)

Chief Contracts Management Branch Office of Business Services California Department of Corrections and Rehabilitation 9838 Old Placerville Road, Suite B Sacramento, CA 95827

Contractor shall specify in the formal written appeal the issue(s) in dispute, the particular relief or remedy sought, the factual basis for Contractor’s claim or dispute, and Contractor’s legal, technical and/or other authority upon which Contractor bases its claim or dispute.

The formal written appeal shall include a written certification signed by a knowledgeable company official under the penalty of perjury according to the laws of the State of California pursuant to California Code of Civil Procedure Section 2015.5 that the dispute, claim, or demand is made in good faith, and that the supporting information are accurate and complete. If an Agreement adjustment is requested, the written certification shall further state under penalty of perjury that the relief requested accurately reflects the Agreement adjustment for which the CDCR is responsible.

If Contractor is a corporation, the written certification shall be signed by an officer thereof. If Contractor is a sole proprietorship or partnership, it shall be signed by an owner or full partner. If Contractor is other than a corporation, sole proprietorship or partnership, it shall be signed by a principal of the company with authority to bind the company.

The Chief, CMB, shall issue a formal written decision on behalf of CDCR within thirty

(30) calendar days of receipt of the properly addressed formal written appeal. If mutually agreed by the parties, the date for the issuance of CDCR’s final written decision may be extended.

d. Further Resolution If the dispute is not resolved by the formal appeal process to Contractor’s satisfaction, or Contractor has not received a written decision from the Chief, CMB, after thirty (30) calendar days, or other mutually agreed extension, Contractor may thereafter pursue its right to institute other dispute resolution process, if any, available under the laws of the State of California.

e. Contract Disputes with Public Entities A county, city, district or other local public body, state board or state commission, another state or federal agency, or joint-powers authority shall resolve a dispute with CDCR, if any, through a meeting of representatives from the entities affected. If the dispute cannot be resolved to the satisfaction of the parties, each entity may thereafter pursue its right to institute litigation or other dispute resolution process, if any, available under the laws of the State of California.

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2. Right to Terminate (Supersedes provision number 7, Termination for Cause, of Exhibit C)

The State reserves the right to terminate this Agreement subject to thirty (30) calendar days written notice to the Contractor. Contractor may submit a written request to terminate this Agreement only if the State should substantially fail to perform its responsibilities as provided herein.

Additionally, the State reserves the right to terminate this Agreement subject to thirty (30) calendar days written notice to the Contractor should it be later identified as a service which can be consolidated into a statewide/regionalized Agreement. The State may exercise its option to cancel the remaining years of this Agreement, should it be decided that with additional institutions and/or sites, the State would receive a better rate for the same service.

However, the State can immediately terminate this Agreement for cause. The term “for cause” shall mean that the Contractor fails to meet the terms, conditions, and/or responsibilities of the Agreement. In this instance, the Agreement termination shall be effective as of the date indicated on the State’s notification to the Contractor.

This Agreement may be suspended or cancelled without notice, at the option of the Contractor, if the Contractor or State’s premises or equipment are destroyed by fire or other catastrophe, or so substantially damaged that it is impractical to continue service, or in the event the Contractor is unable to render service as a result of any action by any governmental authority.

3. Contract Suspension

Notwithstanding any other provisions of this Agreement, pursuant to a Governor’s Executive Order or equivalent directive, such as a court order or an order from a federal or state regulatory agency, mandating the suspension of state contracts, the State may issue a Suspension of Work Notice. The Notice shall identify the specific Executive Order or directive and the Agreement number(s) subject to suspension. Unless specifically stated otherwise, all performance under the Agreement(s) must stop immediately upon receipt of the Notice. During the period of contract suspension, Contractor is not entitled to any payment for the suspended work. Once the order suspending state contracts has been lifted, a formal letter from the Department will be issued to the Contractor to resume work.

4. Responsibility Hearing

If this Agreement is terminated for cause, CDCR reserves the right to conduct a responsibility hearing to determine if the Contractor is a responsible bidder before an award of future Agreements can be made.

5. Confidentiality of Data

All financial, statistical, personal, technical and other data and information relating to State’s operation, which are designated confidential by the State and made available to carry out this Agreement, or which become available to the Contractor in order to carry out this Agreement, shall be protected by the Contractor from unauthorized use and disclosure.

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If the methods and procedures employed by the Contractor for the protection of the Contractor’s data and information are deemed by the State to be adequate for the protection of the State’s confidential information, such methods and procedures may be used with the written consent of the State. The Contractor shall not be required under the provisions of this paragraph to keep confidential any data already rightfully in the Contractor’s possession that is independently developed by the Contractor outside the scope of the Agreement or is rightfully obtained from third parties.

No reports, information, inventions, improvements, discoveries, or data obtained, repaired, assembled, or developed by the Contractor pursuant to this Agreement shall be released, published, or made available to any person (except to the State) in violation of any state or federal law.

Contractor by acceptance of this Agreement is subject to all of the requirements of California Government Code (GC) Section 11019.9 and California Civil Code Sections 1798, et seq., regarding the collection, maintenance, and disclosure of personal and confidential information about individuals.

6. Compliance with Legal Requirements

The Contractor shall be aware of and comply with all Federal and State statutes, rules, regulations, and CDCR policies and directives (“CDCR Policies”) applicable to the Contract.

CDCR policies shall include, but are not limited to the Department Operations Manual (DOM), California Code of Regulations Title 15, any policy memoranda issued by the CDCR Secretary or jointly with the Receiver, California Correctional Health Care Services (CCHCS), and any similar department-wide guidance that may be issued by proper authority, of which the Contractor has been informed by CDCR or has been published on the CDCR public internet web site, CDCR.ca.gov.

7. 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. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, 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 termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

8. Liability for Loss and Damages

Any damages by the Contractor to the State’s facility including equipment, furniture, materials or other State property, will be repaired or replaced by the Contractor to the satisfaction of the State at no cost to the State. The State may, at its option, repair any such damage and deduct the cost thereof from any sum due Contractor under this Agreement.

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9. Computer Software Management Memo

Contractor certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws.

10. Accounting Principles

The Contractor will adhere to generally accepted accounting principles as outlined by the American Institute of Certified Public Accountants. Dual compensation is not allowed; a Contractor cannot receive simultaneous compensation from two or more funding sources for the same services performed even though both funding sources could benefit.

11. Liability for Nonconforming Work

All work provided by the Contractor shall conform to the latest requirement of federal, state, city and county regulations. Contractor is responsible for compliance with all applicable laws, codes, rules and regulations in connection with work performed under this Agreement.

The Contractor will be fully responsible for ensuring that the completed work conforms to the agreed upon terms. If nonconformity is discovered prior to the Contractor’s deadline, the Contractor will be given a reasonable opportunity to cure the nonconformity. If the nonconformity is discovered after the deadline for the completion of the project, CDCR, in its sole discretion, may use any reasonable means to cure the nonconformity. The Contractor shall be responsible for reimbursing CDCR for any additional expenses incurred to cure such defects.

12. Subcontractor/Consultant Information

Contractor is required to identify all subcontractors and consultants who will perform labor or render services in the performance of this Agreement. Additionally, the Contractor shall notify CDCR, OBS in writing within ten (10) working days of any changes to the subcontractor and/or consultant information.

13. Contract Violations

The Contractor acknowledges that any violation of Chapter 2 or any other chaptered provision of the Public Contract Code (PCC) is subject to the remedies and penalties contained in PCC Sections 10420 through 10425.

14. Temporary Nonperformance

If, because of mechanical failure or for any other reason, the Contractor shall be temporarily unable to perform the work as required, the State, during the period of the Contractor’s inability to perform, reserves the right to accomplish the work by other means and shall be reimbursed by the Contractor for any additional costs above the Agreement price.

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15. Extension of Term

This Agreement may not be amended to extend the term except where necessary to complete performance of the original agreement and not to provide for additional services.

16. Employment of Ex-Offenders

Contractor cannot and will not either directly, or on a subcontract basis, employ in connection with this Agreement:

a. Ex-Offenders on active parole or probation, who have been on active parole or probation during the last three years preceding their employment;

b. Ex-offenders convicted of drug trafficking in a prison/jail; escape or aiding/abetting escape; battery on a Peace Officer or Public Official; arson offenses; or, any violations of Penal Code Sections 4570-4574 (Unauthorized Communications with Prisons and Prisoners Offenses);

c. Ex-Offenders required to register as a sex offender pursuant to Penal Code Section 290 or if such ex-offender has an offense history involving a “violent felony” as defined in subparagraph (c) of Penal Code Section 667.5; or

d. Any ex-offender in a position which provides direct supervision of parolees, except in the following instances:

1. Contractor shall only employ ex-offenders who can provide written evidence of having satisfactorily completed parole or probation, and who have remained off parole or probation, and have had no arrests or convictions within the past three years.

An ex-offender whose assigned duties involve administrative or policy decision-making, accounting, procurement, cashiering, auditing, or any other business-related administrative function shall be fully bonded to cover any potential loss to the State or Contractor. Evidence of such bond shall be supplied to CDCR prior to employment of the ex-offender.

17. Electronic Waste Recycling

The Contractor certifies that it complies with the requirements of the Electronic Waste Recycling Act of 2003, Chapter 8.5, Part 3 of Division 30, commencing with Section 42460 of the Public Resources Code, relating to hazardous and solid waste. Contractor shall maintain documentation and provide reasonable access to its records and documents that evidence compliance.

18. Tax

The State of California and Contractor will each bear their own respective federal, state and local tax liabilities arising from this Agreement. It is expressly understood that neither the State nor the Contractor will assign, shift, pass on or otherwise assume the tax liabilities of the other party.

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19. Licenses and Permits

The Contractor shall be an individual or firm licensed to do business in California and shall obtain at Contractor’s expense all license(s) and permit(s) required by law for accomplishing any work required in connection with this Agreement.

In the event any license(s) and/or permit(s) expire at any time during the term of this Agreement, Contractor agrees to provide CDCR with a copy of the renewed license(s) and/or permit(s) within thirty (30) days following the expiration date.