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SPECIFICATION NO. 26-08

CONTRACT NO. C51697

BID, CONTRACT AND SPECIFICATIONS

ROOF REPLACEMENT - 2026

SFD CASTAIC O&M CENTER

State Water Facilities California Aqueduct Southern Field Division Los Angeles County California

2026 CALIFORNIA NATURAL RESOURCES AGENCY

DEPARTMENT OF WATER RESOURCES

STATE OF CALIFORNIA

DIVISION 00

PROCUREMENT AND

CONTRACTING

REQUIREMENTS

Seals Page

00 01 07-1 F-26

DOCUMENT 00 01 07

SEALS PAGE

ROOF REPLACEMENT - 2026

SFD CASTAIC O&M CENTER

STATE WATER FACILITIES

CALIFORNIA AQUEDUCT

SOUTHERN FIELD DIVISION

LOS ANGELES COUNTY

CALIFORNIA

SPECIFICATION NO. 26-08

CONTRACT NO. C51697

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

Architectural

Licensed Architect Date

Structural

Registered Structural Engineer Date

No. C-32240 Ren. 6-30-27

No. 7208

Docusign Envelope ID: 5F8C7ACA-FB67-8DE9-838F-657CC67C661E

7/24/2026

7/24/2026

Table of Contents

00 01 10-1 F-26

DOCUMENT 00 01 10

TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

INTRODUCTORY INFORMATION

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

BIDDING REQUIREMENTS

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

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

BID FORM

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

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BID FORM – Continued

00 44 50 DVBE: Certification of Commercially Useful Function 00 44 51 In-Use Off-Road Diesel Fueled Vehicle List

CONTRACTING REQUIREMENTS

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

GENERAL CONDITIONS

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

ADDENDA AND INFORMATION LETTERS

00 91 13 Addenda 00 93 15 Information Letters

DIVISION 1 – GENERAL REQUIREMENTS

01 11 00 Summary of Work 01 14 00 Work Restrictions 01 31 19 Project Meetings 01 32 16 Construction Progress Schedule 01 33 00 Submittal Procedures 01 57 19 Temporary Environmental Controls

DIVISION 2 – EXISTING CONDITIONS

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

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DIVISION 3 – CONCRETE

03 61 17 Concrete Repair Mortar

DIVISION 4 – NOT USED

DIVISION 5 – METALS

05 05 20 Post-Installed Concrete and Masonry Anchors 05 30 00 Metal Decking 05 40 00 Cold-Formed Metal Framing 05 50 00 Metal Fabrications 05 52 10 Metal Guardrails and Ladders

DIVISION 06 – WOOD, PLASTICS, AND COMPOSITES

06 10 00 Rough Carpentry

DIVISION 07 – THERMAL AND MOISTURE PROTECTION

07 21 00 Thermal Insulation 07 42 13 Insulated Metal Wall Panels 07 52 00 Modified Bituminous Membrane Roofing 07 56 00 Fluid-Applied Membrane Roofing 07 62 00 Sheet Metal Flashing and Trim 07 72 00 Roof Accessories 07 92 00 Joint Sealants

DIVISION 8 – NOT USED

DIVISION 09 – FINISHES

09 91 00 Painting

DIVISIONS 10 THROUGH DIVISION 49 – NOT USED

APPENDICES

APPENDIX I

APPENDIX II

APPENDIX III

PRE-WORK SAFETY PLAN

DEPARTMENT OF INDUSTRIAL RELATIONS (DIR)

REGISTRATION CERTIFICATION LIST

LIMITED ASBESTOS & LEAD INSPECTION REPORT

END OF DOCUMENT

INTRODUCTORY

INFORMATION

List of Drawing Sheets

DOCUMENT 00 01 15

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LIST OF DRAWING SHEETS

1. DRAWINGS

A. Conform to the drawings as shown on the list of drawings for this project.

Notice to Contractors

DOCUMENT 00 11 01

00 11 01-1 F-26

NOTICE TO CONTRACTORS

STATE OF CALIFORNIA

CALIFORNIA NATURAL RESOURCES AGENCY

Sealed bids for

ROOF REPLACEMENT - 2026

SFD CASTAIC O&M CENTER

STATE WATER FACILITIES

CALIFORNIA AQUEDUCT

SOUTHERN FIELD DIVISION

LOS ANGELES COUNTY

CALIFORNIA

SPECIFICATION NO. 26-08

CONTRACT NO. C51697

will be received by the Department of Water Resources at the Pearblossom

Project Headquarters, 34534 116th Street East, Pearblossom, California 93553 between 9:00 A.M. and not later than 11:00 A.M. on WEDNESDAY, AUGUST

19, 2026. A public bid opening will be conducted live at an announced location in the vicinity of such office and via webinar.

Note: The Pearblossom Pumping Plant is gated facility. Prospective bidders are advised to arrive early to allow sufficient time for checking in with security at the gate. prospective bidders will be directed to proceed to

Building "A" where the bid opening will take place.

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

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

Bids will be considered only if submitted for all the work required for the above project. The work is defined in Section 01 11 00 - Summary of Work.

This project will replace the roofs at the Administration and Control Buildings, Plant Maintenance Building, Civil Maintenance Building and Warehouse Building located at the Southern Field Division, Castaic Operation & Maintenance Center.

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The project includes but is not limited to the following principal features:

A. The Work at the Administration and Control Buildings and Plant Maintenance Building includes the following principal features:

1) Remove and dispose of existing roofing, roof insulation, edge flashings, counter flashings, roof jacks, skylights, gutters and downspouts as shown.

a. Existing painted surfaces contain lead. Asbestos hazardous materials are present in these buildings. See Appendix III “Limited Asbestos & Lead Inspection Report”.

2) Provide and install Styrene-Butadiene-Styrene (SBS) Modified Bituminous Membrane Roofing system, tapered and non-tapered rigid insulation, curb modifications, sheet metal work, painting and sealants.

3) Seal roof openings as shown.

4) Extend roof vent curbs and pipes as shown.

5) Install ladders and guardrails on the Administration and Control Buildings. Demolish a portion of existing concrete ledge at both ladder locations.

6) Provide fluid-applied roofing, flashing and wood trim at the entry of the Administration Building.

7) Remove and replace skylights on the Plant Maintenance Building as shown.

8) Remove and replace roof hatches on the Plant Maintenance Building.

B. The Work at the Civil Maintenance Building and Warehouse Building includes the following principal features:

1) Remove and dispose of existing roofing, roof insulation, edge flashings, counter flashings, roof jacks, skylights, gutters and downspouts as shown.

a. Existing painted surfaces contain lead. Asbestos hazardous materials are present in these buildings. See Appendix III “Limited Asbestos & Lead Inspection Report”.

2) Provide and install Styrene-Butadiene-Styrene (SBS) Modified Bituminous Membrane Roofing system, tapered and non-tapered

00 11 01-3 F-26 rigid insulation, curb modifications, sheet metal work, painting and sealants.

3) Seal roof openings and as shown.

4) Extend roof vent curbs and pipes as shown.

5) Remove and replace skylights on the Warehouse Building as shown.

6) Remove and replace roof hatches on the Civil Maintenance Building and Warehouse Building.

7) Remove and replace upper exterior wall panels at the Civil Maintenance Building as shown.

Quantities of work, materials, and equipment required for completion of the work are specified in Document 00 41 01 - Bid Schedule.

1. LICENSING

Bidders shall be licensed for the work as required by the Business and Professions Code. Contractor’s license classification(s) for this work: B & C22 or B with C22 subcontractor.

2. BIDDING

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

Submit questions or requests for clarification by email to doe_specs@water.ca.gov. Responses, if appropriate, will be sent to all prospective bidders.

3. PREQUALIFICATION

All bidders shall be prequalified by the Department. Bid forms will be furnished only to prequalified bidders who meet the requirements of the State Contract Act and Document 00 11 40 - Prequalification.

4. SITE INSPECTION TRIP

An inspection trip for prospective bidders will be conducted at the work site as per Document 00 11 02 - Notice of Inspection Trip.

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5. DVBE AND SMALL BUSINESS PARTICIPATION

Participation by Disabled Veteran Business Enterprises (DVBE) and qualification for Small Business Preference shall be as provided by Document 00 21 26 - Instructions for Disabled Veteran Business Enterprise (DVBE) Goal and Incentive and Document 00 21 21 - Instructions for Small Business Preference. A DVBE incentive will be applied during bid evaluation in accordance with Document 00 21 26, Paragraph 2 – DVBE Incentive.

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

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

Certification information:

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

Database of certified SB/DVBE Firms:

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

6. PREBID BRAND AND TRADE NAME REQUESTS

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

A. Proposals for alternatives to a designated material, product, thing, or service, requested during the bidding period, shall be submitted to the Department via email to doe_specs@water.ca.gov, not later than 14 days prior to the date and time of the bid opening.

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

00 11 01-5 F-26 such matters. If the proposal is accepted, bidders will be notified by information letter or addenda.

C. Refer to Document 00 72 46 - Control of Work, Paragraph 5, for substitution requests after issuance of Notice to Begin Work.

7. SUBSTITUTION OF SECURITIES

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

8. DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION AND

PREVAILING WAGE MONITORING AND ENFORCEMENT

A. Department of Industrial Relations (DIR) registration and prevailing wage monitoring and enforcement shall comply with Document 00 72 43 - Compliance with Applicable Laws and Regulations.

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B. Prevailing Wage Rate Determinations rates are on file for inspection at the office of the Department of Water Resources, Traditional Delivery Section, 715 P Street, Room 4-407, Sacramento, California 95814 and posted on the website listed on Document 00 30 00 - Available Information.

THOMAS GIBSON

Director of Water Resources

Dated: July 27, 2026.

(Avertisement)

Notice of Inspection Trip

DOCUMENT 00 11 02

00 11 02-1 F-26

NOTICE OF INSPECTION TRIP

ROOF REPLACEMENT - 2026

SFD CASTAIC O&M CENTER

STATE WATER FACILITIES

CALIFORNIA AQUEDUCT

SOUTHERN FIELD DIVISION

LOS ANGELES COUNTYLOS ANGELES COUNTY

CALIFORNIA

SPECIFICATION NO. 26-08

CONTRACT NO. C51697

An inspection trip for prospective bidders will be conducted at the work site.

The inspection trip is expected to take about two hours. Interested parties are requested to schedule their time so as to make the trip on the same day.

Interested parties are requested to meet TUESDAY, AUGUST 4, 2026, at 10:00 A.M at the work site. The address is 31849 Lake Hughes Rd, Castaic, California.

Access to the meeting site is as follows:

A. Primary access to the project site is achieved from Interstate 5. To access the project site from north of Castaic Interstate 5, take the exit 176, the Lake Hughes Road exit. Then turn left onto The Old Road. Then immediate left onto Lake Hughes Road. The DWR Castaic O&M Center will be on the left side of the road after 0.5 miles.

B. To access the project site from south of Castaic while on I-5 North, take exit 176A, Ridge Route Road. After 0.7 miles take a right onto Lake Hughes Road. Project site will be on your left immediately after the turn.

Please contact the Department of Water Resources at doe_specs@water.ca.gov two days in advance of the inspection trip if you have questions.

(See map on following page.)

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Map No.1

AREA MAPS

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Map No.2

VICINITY MAP

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Map No.3

Meeting Location Map

Health and Safety

Personal Protective Equipment (PPE) Required during the job walk. All attendee are required to provide their own Personal Protective Equipment (PPE).

1. Hard hats.

2. Safety vests.

3. Steel toed work boots.

Extensive walking or standing in unshaded areas may be expected during portions of the job walk. Please bring enough water to stay hydrated, especially considering hot weather.

Prequalification

DOCUMENT 00 11 40

00 11 40-1 F-26

PREQUALIFICATION

1. DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION

REQUIREMENTS

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

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

2. SAFETY PREQUALIFICATION

A. Safety prequalification is required for all bidders.

B. Contact the Department at doe_specs@water.ca.gov to obtain Safety Prequalification Questionnaire (SPQ).

C. Submit the completed SPQ to the Department at least five days before the date of bid opening.

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

3. JOINT VENTURE BIDDING REQUIREMENTS

A. Two or more entities may bid jointly on the work as a legally constituted and licensed joint venture.

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

BIDDING

REQUIREMENTS

Instructions To Bidders

DOCUMENT 00 21 13

00 21 13-1 F-26

INSTRUCTIONS TO BIDDERS

1. BID FORM

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

B. The Bid Form is numbered serially and is transferable only upon written approval of the Department. Return the Bid Form and cover page of each addendum within a sealed envelope plainly marked as a bid, and identified as the project to which the bid relates. Bids will be rejected if submitted on other forms or on forms transferred without written approval. Bidding document pages revised or added by addendum must be included in the place of any superseded pages enclosed with the submitted bid form. Bids may be rejected if the bidder has failed to sign an addendum and enclose it with the bid, and will be rejected if the omitted addendum could have materially changed the prices bid. Bids will be received at the address specified in Document 00 11 01 - Notice to Contractors.

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

2. EXAMINATION OF THE WORK

A. Carefully examine the contract, including but not limited to, Bid Documents, General Conditions, Supplementary Conditions, drawings, specifications, addenda, Document 00 30 00 - Available Information, and all related information and data referenced or otherwise available.

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

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

00 21 13-2 F-26

3. NOTIFICATION REQUIREMENT

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

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

4. ADDENDA

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

5. SUBMISSION OF BIDS

A. Completion of Bid Schedule: The total of the bid will be the sum of the total prices of all items in Document 00 41 01 - Bid Schedule. The total price of unit price items will be the product of the unit price and the estimated quantity of the item. In case of discrepancy between the unit price and total price of an item, the unit price governs, provided, that if the unit price is ambiguous, unintelligible, or uncertain for any cause, or is omitted, it is the amount obtained by dividing the amount set forth as the total price by the estimated quantity of the item. Bids must include for each item in Document 00 41 01 - Bid Schedule, a unit price and a total price, and for each lump sum price item, a total price, all in legible figures.

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

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

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

2) A member of a partnership bidder.

00 21 13-3 F-26

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

D. Submission of Bid:

1) In-Person Drop Off: Bids will be accepted in person only between the hours specified in Document 00 11 01 - Notice to Contractors.

a. Bids will be accepted in person only between the hours specified in Document 00 11 01 - Notice to Contractors.

b. Bids will be timestamped at the time of submission.

2) Overnight Carrier Delivery:

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

b. Send bids overnight to the following address:

Department of Water Resources Pearblossom Project Headquarters C/O Spec No. 26-08 Bid Opening 34534 116th Street East, Building A Pearblossom, California 93553

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

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

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

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

00 21 13-4 F-26

F. Webinar Information: Microsoft Teams Meeting

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

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

2) Or call in (audio only):

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

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

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

I. Bid Security:

1) Include with the Bid one of the following forms of bid security: cash, cashier’s check, certified check, or bidder’s bond; made payable to the Director of Water Resources. The security must be at least 10 percent of the total amount of the bid. Bidder’s bond must conform to Document 00 44 30 - Bidder's Bond, furnished in the Bid Form and be properly filled out and executed by an admitted surety insurer authorized to transact business in California. Bids not accompanied by one of the above forms of bid security in the proper amount will be rejected.

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

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

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

00 21 13-5 F-26

7. AWARD OF CONTRACT

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

B. Award will be made within 30 days after the bid opening date to the lowest responsible bidder. If the lowest responsible bidder refuses or fails to execute the contract, the Department may award the contract to the second lowest responsible bidder. Such award will be made within 45 days after the bid opening date. If the second lowest responsible bidder refuses or fails to execute the contract, the Director may award the contract to the third lowest responsible bidder. Such award will be made within 60 days after the bid opening date. Such times are subject to extension by written agreement between the Department, the bidder and the bidder’s surety.

8. BID PROTEST: Submit any bid protest in writing to the Department prior to Award of Contract. Send protests to doe_specs@water.ca.gov.

9. CONTRACT BONDS: The successful bidder must, at its sole cost and expense, furnish on forms provided by the Department, Document 00 61 13

- Performance Bond, and Document 00 61 14 - Payment Bond, each equal to at least the total amount of the bid, executed in duplicate with acknowledgments by an admitted surety insurer authorized to transact business in California.

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

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

Instructions For Small Business Preference

DOCUMENT 00 21 21

00 21 21-1 F-26

INSTRUCTIONS FOR SMALL BUSINESS PREFERENCE

1. SMALL BUSINESS PREFERENCE

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

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

OSDS.

1) Procedures To Request Small Business Preference:

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

b. Bidders shall complete and sign Document 00 44 41 - Small Business Preference and Certification Request furnished in the Bid Form. The bidder’s signature on the Small Business Preference and Certification Request is a declaration, under penalty of perjury, that under the following conditions, at least 50 percent of the subcontractors to be utilized on the project are either certified small business, or will have a completed application on file with Department of General Services, Procurement Division for small business certification no later than five o’clock (5:00 p.m.) on the date the bid is opened and will be subsequently certified small business. The conditions requiring the 50 percent level of subcontracting by small business subcontractors apply if:

(1) The lowest responsible bid for the project exceeds $100,000.

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

Instructions For Small Business Preference

00 21 21-2 F-26

(3) Two or more subcontractors will be used.

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

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

Instructions for Non-Small Business Bid Preference

DOCUMENT 00 21 22

00 21 22-1 F-26

INSTRUCTIONS FOR NON-SMALL BUSINESS BID PREFERENCE

1. NON-SMALL BUSINESS BID PREFERENCE

A. Code Reference: California Code of Regulations, Title 2, Section

1896.6 .

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

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

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

3) submitted a timely, responsive bid; and

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

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

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

1) Document 00 44 44 - Request for Non-Small Business Bid Preference bidder’s signature on Document 00 44 44 is a declaration, under penalty of perjury, that at least 25 percent of the listed subcontractors/suppliers are either certified small businesses, or will have a completed application on file with Department of General Services, Procurement Division for small business certification no later than five o’clock (5:00 p.m.) on the date the bid is opened and will be subsequently certified as a small business.

2) Document 00 44 44-1 – California Certified Small Business Subcontractors and Suppliers. The bidder shall list for each small business subcontractor/supplier the following: name, address, phone numbers, and description, dollar amount, and percentage of the work to be performed.

Instructions for Non-Small Business Bid Preference

00 21 22-2 F-26

3) Bidder is also strongly urged to ensure that each small business subcontractor/supplier has executed a certification of “commercially useful function,” and to submit such certification with Documents 00 44 44 and 00 44 44-1. Document 00 44 44-2 – Small Business (SB): Certification of Commercially Useful Function may be used for this purpose.

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

E. Preference Application:

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

a. The preference is applied to compare bids only.

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

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

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

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

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

F. Substitution of a Small Business Subcontractor/Supplier:

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

Instructions for California Company Preference

DOCUMENT 00 21 25

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INSTRUCTIONS FOR CALIFORNIA COMPANY PREFERENCE

1. CODE REQUIREMENT: In accordance with Public Contract Code, Section 6107, a “California company” will be granted a reciprocal preference for bid comparison purposes as against a nonresident contractor from any state that gives or requires a preference to be given contractors from that state on its public entity construction contracts.

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

A. Has its principal place of business in California.

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

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

3. REQUIREMENTS

A. To carry out the “California company” reciprocal preference requirements of Public Contract Code, Section 6107, bidders shall refer to Document 00 44 27 - Bidder Declarations and Certifications, and to Document 00 44 43 - California Company Preference Form, for instructions about how to indicate their status. A nonresident contractor shall disclose to the Department any and all bid preferences provided to the nonresident contractor by the state or county in which the nonresident contractor has its principal place of business. In the event the bidder fails to certify its status, the bid may be rejected.

B. Bid Documents without a completed and signed Document 00 44 43 - California Company Preference Form, may be rejected.

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

Instructions for California Company Preference

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

Instructions for Disabled Veteran Business

Enterprise (DVBE) Goal and Incentive

DOCUMENT 00 21 26

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INSTRUCTIONS FOR DISABLED VETERAN BUSINESS ENTERPRISE (DVBE)

GOAL AND INCENTIVE

1. DVBE GOAL

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

2. DVBE INCENTIVE

A. The Department encourages bidders to include DVBE participation on this contract by applying a three percent (3%) DVBE incentive to bids that meet or exceed three percent (3%) DVBE participation.

B. For compliance with Military and Veterans Code 999.5, to qualify for the DVBE incentive, complete, sign and submit the following documents with bid:

Document Required for 00 44 45 - DVBE Participation DVBE Participation 00 44 47 - DVBE: Broker or Agent (if applicable)

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

00 44 48 - DVBE: Declarations – Equipment Rental (if applicable)

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

00 44 49 - DVBE: Declarations of Meeting and Maintaining Requirement of a DVBE – Equipment Rental (if applicable)

Each DVBE prime contractor listed on Document 00 44 45 that will rent equipment, with or without an operator, to the Department must complete this form (Military and Veterans Code section 999.2 (d)).

00 44 50 - DVBE: Certification of Commercially Useful Function (if applicable)

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

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C. The Department applies the DVBE incentive:

1) To responsive bids from responsible bidders.

2) During the bid evaluation process, for bid evaluation purposes only.

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

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

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

F. Complete and sign all applicable documents as required on each document to qualify.

G. The Department will make the final determination of the bidder’s DVBE participation at its sole discretion. The Department will not accept rounding up of DVBE participation percentages.

H. DVBE Certification: List only DVBEs that the State of California, Department of General Services (DGS), Procurement Division, Office of Small Business and DVBE Services has certified by the date of bid opening on Document 00 44 45 - DVBE Participation. The Department reserves the right to verify DVBE certifications.

1) For a listing of certified DVBEs, contact:

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

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

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

CA DGS Procurement Division Office of Small Business and DVBE Services Phone No.: (916) 375-4940 Toll Free: (800) 559-5529 FAX No.: (916) 375-4950 E-mail: OSDSHelp@dgs.ca.gov

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

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

2) The Department encourages review of each DVBE certification and to include a copy of each certification with Document 00 44 45 - DVBE Participation.

3. COUNTING DVBE PARTICIPATION

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

and section 10115 et seq., in Document 00 43 36 - Subcontractors Form.

B. Dollar Value:

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

2) If a disabled veteran business enterprise rents equipment (including equipment with an operator) to the Department, the Department will consider it an equipment broker unless one or more disabled veterans own at least 51 percent of both the quantity and the value of each piece of equipment.

a. If one or more disabled veterans own the equipment, each owner must submit a signed declaration to the Department. The declaration must state that the owner is a disabled veteran and must include the owner's name, address, telephone number, and tax identification number. Refer to Document 00 44 48 - DVBE: Declarations – Equipment Rental.

b. The Department of General Services requires each disabled veteran owner to submit their federal income tax returns

00 21 26-4 F-26 pursuant to Military and Veterans Code section 999.2, subdivision (g), as if they were a disabled veteran enterprise.

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

d. A disabled veteran business enterprise that rents equipment to the Department must submit a declaration to the Department, signed by each disabled veteran owner and manager of the enterprise. In the declaration, they must state that the enterprise obtained the contract by representing that it was a disabled veteran business enterprise meeting and maintaining all DVBE requirements. The declaration must also include the name, address, telephone number, and tax identification number of the owner of each piece of equipment identified in the contract.Refer to Document 00 44 49 - DVBE: Declarations of Meeting and Maintaining Requirement of a DVBE – Equipment Rental.

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

f. A disabled veteran business enterprise that is a broker or agent and obtains a contract pursuant to Military and Veterans Code section 999.2(a) must disclose to the Department that it is acting as a broker or agent. Each disabled veteran owner and manager of the enterprise must sign and execute a declaration stating that the enterprise is a broker or agent and identifying the name, address, and telephone number of the principal the enterprise represents.Refer to Document 00 44 47 - DVBE:

Broker or Agent.

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

a. A bidder may count the total dollar value of the work performed by a certified DVBE first- or lower-tier subcontractor or supplier toward the DVBE participation. Each DVBE must perform a “commercially useful function” as defined in Paragraph 7 E. 1) and 2).

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4. SUBSTITUTION OF LISTED DVBE’S

A. The Contractor must use each DVBE listed on Document 00 44 45 - DVBE Participation for the committed amounts unless the Contractor submits a written request to substitute and the Department grants written permission for the substitution. Each request for substitution should include:

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

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

B. The Department requires this information for monitoring purposes in accordance with Public Contract Code section 10115 et seq. This requirement does not alter any other provision of law, including the Subletting and Subcontracting Fair Practices Act (Public Contract Code sections 4100–4114), or any contract requirements relating to the substitution of subcontractors.

C. Failure of Contractor to adhere to at least the DVBE participation listed on Document 00 44 45 may be cause for contract termination and recovery of damages under the rights and remedies due to State under Document 00 72 45 - Prosecution of Work, Paragraph 10.

D. Additionally, the under/non-use of DVBEs listed on Document 00 44 45 may have other ramifications for the Contractor including, but not limited to, possible violations of the California False Claims Act, Government Code section 12650 et seq.

5. DVBE MONITORING AND REPORTING

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

B. The Contractor must submit Document 00 21 26-1 – DVBE Quarterly and Final Report to the Engineer to report the amounts it paid to each DVBE that participated in performing this Contract, as follows:

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

2) Upon the Contractor’s certification of completion of the work pursuant to Document 00 72 46 - Control of Work, Paragraph 14.

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3) In addition to any other potential remedies, the Engineer may withhold all or part of any payments due if the Contractor does not furnish the required reports.

C. In accordance with Military and Veterans Code section 999.5(d), when the Contractor certifies completion of the work under Document 00 72 46 - Control of Work, Paragraph 14, for a Contract with a DVBE goal commitment, the Contractor must use Document 00 21 26-2 – Certification of DVBE Participation to certify the following:

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

2) The name and address of the DVBE(s) that participated in the performance of the Contract and the Contract number.

3) The amount and percentage of work the Contractor committed to provide to one or more DVBEs under the requirements of the Contract and the amount each DVBE received from the Contractor.

4) That all payments under the Contract have been made to the DVBE(s). Upon request by the Department, the Contractor must provide proof of payment for the work.

D. In accordance with Military and Veterans Code section 999.7(a), the Department will withhold ten thousand dollars ($10,000) from the final payment, or the full final payment if it is less than ten thousand dollars ($10,000), until the Contractor complies with the certification requirements of subdivision (d) of Section 999.5. If the Contractor does not comply, the Department will give written notice and allow the Contractor to cure the defect. Notwithstanding any other law, if the Contractor refuses to comply with the certification requirements from at least 15 calendar days, but no more than 30 calendar days after the date the Department issues written notice, the Department will permanently deduct ten thousand dollars ($10,000) from the final payment, or the full payment if it is less than ten thousand dollars ($10,000).

E. In accordance with Military and Veterans Code Section 999.5(d)(4), and Government Code Section 14841, after receipt of the final Contract payment, the Contractor must report the actual percentage of DVBE participation to the Engineer and certify the total amount received under the Contract using Document 00 21 26-3 – DVBE Percentage Achieved and Certification of Total Payments to Prime Contractor.

F. In addition to any other potential penalties or remedies, a civil penalty of no less than $2,500 and no more than $25,000 for each violation on any person or entity that knowingly provides false information may be imposed, pursuant to Military and Veterans Code Section 999.5(f).

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6. CONTRACT AUDITS

A. The Contractor agrees that the Department or its delegate may review, obtain, and copy all records related to the Contractor’s performance of the contract as it pertains to DVBE requirements. The Contractor agrees to provide any relevant information the Department or its delegate requests and will allow access to its premises, upon reasonable notice during normal business hours, so the Department or its delegate can interview employees and inspect and copy books, records, accounts, and other materials relevant to an investigation of compliance. The Contractor also agrees to maintain these records for three (3) years after final payment, in accordance with Document 00 72 43 - Compliance with Applicable Laws and Regulations, Paragraph 2.

7. DEFINITIONS, DVBE PROGRAM

A. Broker or Agent: Any individual or entity, or any combination thereof, that does not have title, possession, control, and risk of loss of materials, supplies, services, or equipment provided to the Department, unless one or more certified disabled veterans has 51-percent ownership of the quantity and value of the materials, supplies, services, and of each piece of equipment provided under the contract.

B. Contractor (for the purposes of this Document): Any person or persons, regardless of race, color creed, national origin, ancestry, sex, marital status, disability, religious or political affiliation, or age, or any sole proprietorship, firm, partnership, joint venture, corporation, or combination thereof who submits a bid and enters into a contract with a representative of a state agency, department, governmental entity, or other officer empowered by law to enter into contracts on behalf of the State of California.

C. Disabled Veteran: A veteran of the military, naval, or air service of the United States, including, but not limited to, the Philippine Commonwealth Army, the Regular Scouts (“Old Scouts”), and the Special Philippine Scouts (“New Scouts”), who has at least a 10 percent service-connected disability and who is domiciled in the State of California.

D. Disabled Veteran Business Enterprise (DVBE): A business certified by the Department of General Services as meeting all of the requirements listed below. A DVBE that fails to maintain the certification requirements set forth in Military and Veterans Code section 999 et seq.