STATE OF CALIFORNIA

OBS 4008 (10/12)

DEPARTMENT OF CORRECTIONS AND REHABILITATION (CDCR)

Anticipated Term of Services:

Quote Request – Services

QUOTE REQUEST (QR) INFORMATION

QR Number: C5613045-D Issue Date:11/20/2025 Quote Due Date and Time: 12/18/2025 @ 11:00 AM

The CDCR is inviting responses to this QR entitled:

Asphalt Concrete Paving at Mule Creek State Prison (MCSP)

SERVICES SHALL BE PROVIDED AT:

Location/Facility/Institution:

Mule Creek State Prison

Address:

4001 Highway 104, Ione Ca 95640.

CONTRACT ANALYST INFORMATION:

Name: Monique Stephens

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

Phone Number: (279) 210-3791

Fax number:

BIDDER INFORMATION:

Bidder Name: Address:

Phone Number:

Fax Number:

Contact Name:

Title: Email Address

Signature: 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: **** Mandatory Walk-Through Required, Scheduled for December 16, 2025 at 10:00 AM ****

Please contact Phil Unterreiner at the following email address: Phil.Unterreiner@cdcr.ca.gov to arrange for your participation in the mandatory bidder’s walk-through by the deadline of

December 10, 2025.

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. Specifications (Exhibit A-1) 06. Plans (Exhibits A-2) 07. Cal Trans Specifications (Exhibit A-3)

08. Budget Details and Payment Provisions for CCM/FPCM Contracts (Exhibits B) 09. Public Works Rate Sheet (Exhibit B-1)

10. 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/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language - GTC 02/2025.

11. Special Terms and Conditions for Public Works (Exhibit D)

12. CDCR 2301 PREA Policy Information for Volunteers and Contractors (Exhibit E)

13. Standard Contractor Certification Clauses (CCC 04/2017)

14. Payee Data Record (STD 204) 15. Payee Data Record Supplement (STD 205)

16. Gen AI Reporting and Fact sheet (OBS 1000)

17. Supplement Vendor Payee Data Record

18. Sample Certificate of Insurance

19. Bidder Declaration (GSPD-05-105)

20. Non-Collusion Affidavit (CDCR 1240)

21. Public Works Additional Certification Clauses (OBS 1200)

22. Payment Bond Sample (STD 807)

Start Date: Notice to Proceed (NTP) End Date: 365 days from NTP

Total Amount from Rate Sheet (Exhibit B-1): $45,000.00 mailto:Monique.Stephens@cdcr.ca.gov mailto:Phil.Unterreiner@cdcr.ca.gov

STATE OF CALIFORNIA

OBS 4008 (10/12)

DEPARTMENT OF CORRECTIONS AND REHABILITATION (CDCR)

QR Number: C5613045-D

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: 12/2/2025 @ 2:00 pm

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 Tax 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 Taxation 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,

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 or greater a Standard Agreement (STD 213) form will be prepared. The STD 65 and the STD 213 both include:

Exhibits A, A-1, A-2, A-3, 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.

PUBLIC WORKS BID SUBMITTAL CHECKLIST

ASPHALT CONCRETE PAVING

BID NUMBER C5613045-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 Document)

_____ Bidder Acknowledgement/Certification (OBS 300)

_____ Public Works Rate Sheet (Exhibit B-1)

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

_____ Original signed Payee Data Record (STD 204)

_____ Supplement Vendor Payee Data Record Form

_____ Copy of valid “A” General Engineering Contractor License or a valid “C-12” Earthwork and Paving

Contractor Specialty License issued by the California Contractors State Licensing Board (CSLB)

_____ 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.

_____ GenAI Reporting & Factsheet (OBS 1000)

_____ Bidder Declaration (GSPD-05-105)

_____ Non-Collusion Affidavit (CDCR 1240)

_____ Public Works Additional Certification Clauses (OBS 1200)

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

Copy of Certificate(s) of Insurance providing:

_____ Proof of Commercial General Liability

_____ Proof of Automobile Liability

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

_____ Two (2) original signed Payment Bonds on the STD 807 (Refer to Exhibit D, Special Terms and

Conditions for Public Works)

TBB Bid Number C5613045-D California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work

ASPHALT CONCRETE PAVING

CORRECTIONAL CONSTRUCTION MENTORSHIP PROGRAM

MULE CREEK STATE PRISON

1. INTRODUCTION/SERVICES

The Contractor shall perform Asphalt Concrete Paving Services and will be compensated in accordance with the service rate specified on Exhibit B-1, Public Works Rate Sheet. Services shall include all labor, supervision, equipment, tools, insurance, materials, supplies, travel and per diem, permits, licenses, bonds, taxes, and any other item of expense necessary to provide the services for the California Department of Corrections and Rehabilitation (CDCR), Correctional Construction Mentorship Program (CCM), located at Mule Creek State Prison (MCSP), 4001 Highway 104, Ione, California 95640.

2. CONTRACTOR RESPONSIBILITIES

The Contractor shall provide Asphalt Concrete (AC) Paving construction for approximately 80 tons of Type A Hot Mix Asphalt (HMA) at seven (7) locations as shown below:

• Minimum Security Facility (MSF) main area parking lot at Bldg. G3 approximately 14’ X 24’ area

• MSF parking lot at Bldg. G-1 approximately 14’ X 22’ area

• MSF by Building G-1, administration roadway and parking lots approximately 325 linear feet (LF) of 42” wide trench patch

• No Mans Land (inside secure area perimeter road) approximately 160 LF of 42” wide trench patch

• A Yard approximately 72 LF of 36” wide trench patch

• B Yard approximately 28 LF of 36" wide trench patch

• C Yard approximately 206 LF of 36" wide trench patch

AC Paving is to be placed at 4” thickness minimum in all areas as directed by CCM staff. Mix shall be placed at a temperature not less than 225 degrees Fahrenheit and compacted at least 92 percent of the measured maximum density. The Contractor shall inspect and accept grade before AC is installed.

AC Paving will be Type A HMA ½-inch gradation as specified in Section 39 of the Cal Trans Specifications Section (Exhibit A-3) and CDCR Specification Section 32 12 16.

All work shall be as described herein and with the plans and specifications attached hereto. In the event of a conflict between the Scope of Work (SOW) and plans and specifications, the SOW shall prevail.

TBB Bid Number C5613045-D California Department of Corrections and Rehabilitation (CDCR) Exhibit A Sope of Work

3. CDCR RESPONSIBILITIES

• Perform rough grading, fill and compaction with aggregate in all areas requiring paving.

• Create a safe and clean work area during construction.

• Perform finish grade to receive 4” minimum HMA.

• Surveying of all areas.

• Supply all base, inspections, and testing that is required per the Specifications.

4. CONTRACTOR’S TOOLS AND EQUIPMENT

All tools and equipment are to be supplied by the Contractor and will be accompanied by an inventory list provided by the Contractor. Inventory list and tools will be approved and inventoried by the CCM Correctional Officer. The work area for this Contract will be on Institution grounds, but outside the perimeter fence. When on Institution grounds all tools are to be secured in a lockable toolbox, supplied by the Contractor. When tools and equipment are onsite and not in use, they are to be stored in the lockable toolbox. A Material Safety Data Sheet shall be onsite for all equipment entering the Institution. All heavy equipment shall be moved to a secure area, in accordance with Custody, at the end of each day.

5. NOTICE TO PROCEED / WORK PLAN / PHASES OF WORK

The Contractor shall accomplish all work in two (2) Phases as outlined below. The CCM Contract Analyst will provide a Notice to Proceed (NTP) for Phase 2 to the Contractor on behalf of the CCM Site Supervisor.

Phase 1 – Submittals/Work Plan

Upon execution of the Agreement, a Submittal and Work Plan Notice will be issued by the CCM Contract Analyst for this phase. The Submittal and Work Plan is due to the CDCR within ten (10) calendar days from the issuance date of the Submittal and Work Plan Notice.

The Work Plan shall include a construction schedule and shall identify practices to be employed in completing the SOW in accordance with the technical specifications.

The written Work Plan shall be submitted to:

California Department of Corrections and Rehabilitation Correctional Construction Mentorship Program (CCM) Attn: Rodney Whitmore, Construction Supervisor II Rodney.Whitmore@cdcr.ca.gov

9838 Old Placerville Road, Suite B Sacramento, CA 95827

The Work Plan shall be returned to the Contractor within five (5) calendar days approved for use or returned for correction and resubmission. If resubmission is required, the Contractor shall resubmit within ten (10) calendar days.

mailto:Rodney.Whitmore@cdcr.ca.gov

TBB Bid Number C5613045-D California Department of Corrections and Rehabilitation (CDCR) Exhibit A

The Contractor shall submit four (4) hard copies of material submittals to CDCR. All Design and Drawings/Submittals must be approved by the CDCR Architecture and Engineering Unit.

The Submittals shall be sent to:

Correctional Construction Mentorship Program Attn: Marilee Gillespie, CCM Contract Analyst Marilee.Gillespie@cdcr.ca.gov 9838 Old Placerville Road, Suite B Sacramento, CA 95827

The Submittals will be returned to the Contractor as either “approved for use” or “returned for correction and resubmittal.” Submittals returned to the Contractor for revision shall be resubmitted within ten (10) business days.

Once the CCM Site Supervisor and Architect of Record approve the Submittal/Work Plan, the CCM Contract Analyst will provide the NTP to the Contractor on behalf of the CCM Site Supervisor.

Phase 2: Installation, Inspection, and Acceptance

A Notice to Proceed (NTP) will be provided to the Contractor for this phase by the CCM Contract Analyst, on behalf of the CCM Site Supervisor. Work shall begin within ten (10) calendar days from the issuance of the NTP and be completed within thirty (30) calendar days from the NTP issue date.

6. LICENSE REQUIREMENTS

The Contractor shall possess a valid “A” General Engineering Contactor License issued by the California Contractors State License Board (CSLB); or a valid “C-12” Earthwork and Paving Contractor Specialty License issued by the CSLB.

The Contractor must maintain current licenses as required by applicable state or local jurisdictions for the removal, transporting, disposal or other regulated activity related to the work of this Agreement.

The Contractor shall provide a copy of a valid California city or county business license (if applicable) or, 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.

TBB Bid Number C5613045-D California Department of Corrections and Rehabilitation (CDCR) Exhibit A

7. SPECIFICATIONS

01 33 00 01 33 23 32 11 23 32 12 16

The complete set of specifications were provided in the Quote Request as Exhibit A-1 and are hereby incorporated by reference.

Additionally, refer to Section 39 of the Cal Trans Specifications Section, provided in the Quote Request as Exhibit A-3 and hereby incorporated by reference.

8. PLAN SHEETS

C-502 det 6, L-100, L-101, L-102, L-103, L-104, L-105, L-106.

The complete set of plan sheets were provided in the Quote Request as Exhibit A-2 and are hereby incorporated by reference.

9. PAYMENT

The Contractor shall be paid at the completion of each phase as indicated on Exhibit B-1 Public Works Rate Sheet, and as approved by the CCM Site Supervisor.

There will be no additional compensation for travel, meals, lodging, including but not limited to the time involved with entering and exiting the Institution.

10. WORKING HOURS

The Contractor shall provide services 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. LIQUIDATED DAMAGES

Pursuant to Exhibit D, Section 5.3 Liquidated Damages, liquidated damages are hereby set at $500.00 per day for each day the Contractor fails to complete work past the specified completion date as outlined in this Agreement.

If the Contractor fails to pay liquidated damages, the CDCR may deduct the amount thereof from any invoice payment due, or that may become due, to the Contractor under this Agreement.

12. CDCR CONTACT INFORMATION

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

TBB Bid Number C5613045-D California Department of Corrections and Rehabilitation (CDCR) Exhibit A

Billing/Payment Issues:

Facility Planning, Construction and Management Correctional Construction Mentorship Contracts Unit Marilee Gillespie, Contract Analyst 9838 Old Placerville Road, Suite B Sacramento, CA 95827 Phone Number: (916) 255-3187

Email: Marilee.Gillespie@cdcr.ca.gov

Performance/Scope of Work Issues:

CCM Site Supervisor: Paul Whitmore Mule Creek State Prison Phone Number: (209) 279-0136 Email: Rodney.Whitmore@cdcr.ca.gov

General Contract Issues:

Office of Business Services Phone Number: (279) 210-3732 Email: M_cdcrobscontracts@cdcr.ca.gov mailto:Marilee.Gillespie@cdcr.ca.gov mailto:Rodney.Whitmore@cdcr.ca.gov mailto:M_cdcrobscontracts@cdcr.ca.gov

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

Rev. 1/27/2025

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 Public Works Rate Sheet, and made a part of this Agreement. Exhibit B-1 Public Works 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 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 Correctional Construction Mentorship Program (CCM – Formerly the Inmate/Ward Labor Program) invoices, send invoices to: CPPS-IWL-Contract-Invoices@cdcr.ca.gov

For electronic submission of all other FPCM invoices, send invoices to:

FPCM-Contract-Invoices@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:

9838 Old Placerville Road, Suite B P.O. Box 942883

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 mailto:CPPS-IWL-Contract-Invoices@cdcr.ca.gov mailto:FPCM-Contract-Invoices@cdcr.ca.gov

Budget Details and Payment Provisions for CCM/FPCM Contracts

Rev. 1/27/2025

Agreement, and Contractor shall not be obligated to perform any provisions of this Agreement.

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.

Budget Details and Payment Provisions for CCM/FPCM Contracts

Rev. 1/27/2025

7. Progress Payments

Progress payments are permitted on Agreements in the amount of $10,000 or more with a total term that is in excess of three months. If progress payments are indicated in the Agreement documents, a faithful performance bond in the sum of not less than one hundred percent (100%) of the total amount payable under the Agreement is required.

Payments will not exceed ninety percent (90%) of the Agreement amount. Any funds so withheld may be paid upon completion of the project.

TBB

California Department of Corrections and Rehabilitation (CDCR) Public Works Rate Sheet

Bid Number C5613045-D Exhibit B-1

PHASE

1. Has its principal place of business in California.

Basis For Award

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

3. Has its principal place of business in a state in which there is no local contractor preference on construction contracts, but the bidder has paid not less than Five Thousand Dollars ($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.

If awarded the contract, the Contractor agrees to sign the contract and to furnish the applicable bonds and certificates of insurance as required and start the work when notified.

Does bidder certify, under penalty of perjury, that the bidder qualifies as a California company?

Yes ____ No ____

ASPHALT CONCRETE PAVING

CORRECTIONAL CONSTRUCTION MENTORSHIP PROGRAM

Electronic bid packages include an Excel version of this Rate Sheet (Exhibit B-1) in addition to the PDF file in order to assist bidders in computing accurate totals. Bidders should download the Excel version and complete all highlighted cells. CDCR will make progress payments no more often than monthly in arrears upon completion of each phase. No progress payment will be made until Contractor’s invoice has been furnished and approved by the CDCR Representative. The Bidder shall set forth in clear legible figures the total RATE PER PHASE where required in the spaces provided below. Bid shall be monthly in arrears.

Note: Bidder is required to bid each item. Failure to indicate a dollar amount (BLANK CELL) in any item may be grounds to reject the entire bid. A zero dollar amount ($0.00 or $ - ) listed for any and/or all items shall be interpreted and understood by the State to mean that the bidder shall perform any such services at NO COST to the State.

In order to qualify as a "California company" under California Public Contract Code Section 6107, a business entity must be a licensed California contractor at the time of the bid opening and must meet one of the following requirements:

TOTAL BID AMOUNT (Phases 1+2)

Pursuant to Public Contract Code Section 6107, in awarding contracts for construction, a State agency shall grant a California company a reciprocal preference against a nonresident contractor with the lowest responsive bid, except where the resident contractor is eligible for a California small business preference, in which case the preference applied shall be the greater of the two, but not both.

NOTE: THIS RECIPROCAL PREFERENCE IS AVAILABLE ONLY TO BIDDERS WHO CERTIFY, UNDER PENALTY OF

PERJURY, THAT THEY QUALIFY AS CALIFORNIA COMPANIES.

Submittals/Work Plan

PHASE DESCRIPTION

MULE CREEK STATE PRISON

RATE PER PHASE

Installation, Inspection, and Acceptance

All prices and notations must be printed in ink or typewritten. All prices must be bid in U.S. currency and shall encompass every item of expense necessary to perform the services.

Public Works Rate Sheet

Bid Number C5613045-D Exhibit B-1

ASPHALT CONCRETE PAVING

CORRECTIONAL CONSTRUCTION MENTORSHIP PROGRAM

MULE CREEK STATE PRISON

Kind of Work Percentage of work to be performed in relation to overall bid amount

Type of License and No

Preference given:

By signing the Bidder Acknowledgement/Certification (OBS 300), the bidder certifies under penalty of perjury the correctness of this statement. Bidders are cautioned that making false certification may result in rejection of the bid or legal action or both.

Nonresident bidder must disclose any and all bid preferences provided to the nonresident bidder by the state or country in which the nonresident bidder has its principal place of business at the time of bid submission. Therefore, if the bidder has answered “No” above, use this space to disclose any such preference. (If none, indicate):

Subcontractor Name and Address

The bidder shall set forth in the bid:

Listed hereinafter is the name and address of each subcontractor who will be employed and the kind of work which each will perform in carrying out the aforementioned project. I understand that under California Public Contract Code Sections 4100 through 4108, I MUST clearly set forth the name and address of each subcontractor who will perform work or labor or render service to me in or about the site of the work and that as to any work in which I fail to do, I agree to perform that portion myself or be subjected to penalty under the Subletting and Subcontracting Fair Practices Act.

If further space is required for the list of proposed subcontractors, additional sheets showing the required information, in the format outlined below, shall be attached hereto and made a part of the Bid Proposal.

LIST OF PROPOSED SUBCONTRACTORS

1. The name and business address of each subcontractor who will perform work or labor or render service in an amount in excess of one-half of one percent of the general contractor's total bid; and

2. The portion of work to be performed by each subcontractor. (See California Public Contract Code Sections 4100 through 4108, inclusive.)

3. In addition, effective January 1,1994, pursuant to the California Public Contract Code Section 10115 et seq., prime contractors MUST list on their Bid Proposal all certified DVBE subcontractors who will perform work or labor or render service to the prime contractor in connection with the performance of the contract and who will be used by the prime contractor to fulfill DVBE participation goals. The prime contractor shall list only one subcontractor for each portion as is defined by the prime contractor in his/her bid.

NOTE: Percentage of work to be performed refers to the percentage of the overall Scope of Work that the subcontractor will be performing. Total should not exceed 100%.

Public Works Rate Sheet

Bid Number C5613045-D Exhibit B-1

ASPHALT CONCRETE PAVING

CORRECTIONAL CONSTRUCTION MENTORSHIP PROGRAM

MULE CREEK STATE PRISON

Subcontractor Name

Subcontractor Dollar Amount Total Bid Amount

* In the event of a tie, absent other determining factors, the lowest responsible bid with the highest discount shall prevail. IF the highest discounts' also tie, the awarded bidder shall be determined by a public coin toss. Refer to the Quote Request - Services, Bidder Instructions and Requirements, Section 10.

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.

Percentage Subcontractor Usage

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

TBB Bid Number C5613045-D California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Works Rev. 02/2025

SECTION 1

ABBREVIATIONS AND DEFINITIONS

1.1 Abbreviations

Wherever the following abbreviations are used in the Agreement, the meaning shall be as follows:

CCR California Code of Regulations

CDCR California Department of Corrections and Rehabilitation

DGS Department of General Services

DIR Department of Industrial Relations

DOM Department Operations Manual

DVBE Disabled Veteran Business Enterprise

FPPC Fair Political Practices Commission

GC Government Code

MVC Military Veterans Code

OBS Office of Business Services

NTP Notice to Proceed

PC Penal Code

PCC Public Contract Code

PCO Proposed Change Order

PREA Prison Rape Elimination Act of 2003

TB Tuberculosis

TIA Time Impact Analysis

WIC Welfare and Institutions Code

TBB Bid Number C5613045-D California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Works

1.2 Definitions

Whenever the following terms are used in the Agreement, the meaning shall be as follows:

Agreement – The STD 213 Standard Agreement, all exhibits attached thereto or incorporated by reference, all other contract documents such as plans and specifications, and any amendments or Change Orders.

CDCR Representative – The Director of the CDCR Facility, Planning, Construction and Management Division, acting either directly or through authorized representatives, within the scope of delegated authority.

Change Order – A written amendment to the Contract documents executed by CDCR which alters the Work of the project, Contract sum, and/or Contract time.

Contract – The Agreement.

Contractor – The entity which has entered into the Agreement with CDCR.

Department – CDCR.

Force Majeure – Acts of war, acts of God (such as earthquakes, floods and other natural disasters such that performance is impossible), and any other cause beyond the reasonable control of the party whose performance is affected.

State – The State of California, including, but not limited to, CDCR.

Work – The work includes everything required to be performed, constructed or supplied by the Contractor, and anyone under the supervision or control of the Contractor, such as employees and subcontractors, under this Agreement and any amendments or changes thereto.

SECTION 2

INTERPRETATION OF THE CONTRACT

2.1 Interpretation

If a conflict arises between the provisions of the plans and specifications and any such statute, rule or regulation, the Contractor shall notify the State at once in writing. If, before receiving clarification, the Contractor performs any portion of the Work affected by the conflict, any performance shall be at the Contractor's own risk and he/she shall not be entitled to any additional compensation.

2.2 Inconsistent Terms

If the Contractor discovers any inconsistent terms, omissions or errors in the Contract documents, has any questions concerning interpretation or clarification of the Contract documents, or if the Contractor believes the performance of the Work or any matters related to the Work is not sufficiently detailed or explained in the Contract, then, before commencing work, the Contractor shall immediately notify the State in writing and request

TBB Bid Number C5613045-D California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Works interpretation, clarification or additional detailed instructions concerning the Work.

SECTION 3

APPLICABLE LAWS AND REGULATIONS

3.1 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.

3.2 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.

3.3 Permits and Licenses

Neither the State nor the Contractor is subject to municipal, county or district statutes, rules or regulations pertaining to building permits or regulating the design or construction of buildings on State property.

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 all work required in connection with this Agreement.

In the event any license(s) and/or permit(s) expire 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. In the event the Contractor fails to maintain all required license(s) and permit(s), the State may, in addition to any other remedies it may have, terminate this Agreement upon occurrence of such event.

Pursuant to the Business and Professions CodeSection 7028.15, it is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this State without having the required license except in any of the following cases:

TBB Bid Number C5613045-D California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Works

A. The person is exempted from the provisions of this chapter; or

B. The bid is submitted on a State project governed by California Public Contract

Code section 10164.

That section shall not apply to a joint license as required by Business and Professions Code section 7029.1. However, if the Contractor makes the bid as a joint venture, each person submitting the bid shall be subject to this chapter with respect to his/her individual license.

That section shall not affect the right or ability of a licensed architect or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices.

A licensed contractor shall not submit a bid to a public agency unless his/her contractor's license number and class appear clearly on the bid, the license expiration date is stated, and he/she has signed a certification statement that the representations made in the bid with regard to the license number, class and expiration date are made under penalty of perjury. Any bid not containing this information or a bid containing information that is subsequently proven false shall be considered non responsive and shall be rejected.

3.4 Permits and Certifications from State Board of Equalization

This Contract shall be subject to all requirements as set forth in Revenue and Taxation Code Sections 6452.1, 6487, 6487.3, 7101 and 18510, and Public Contract Code Section 10295.1 requiring suppliers to provide a copy of their reseller’s permit or certification of registration and, if applicable, the permit or certification of all participating affiliates, issued by California’s State Board of Equalization. Failure of the supplier to comply by supplying the required permit or certification will cause the supplier’s bid response to be considered non-responsive and their bid rejected. A copy of the reseller’s permit or certification of registration must be supplied within five (5) State business days of the request made by the State.

3.5 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.

3.6 Prevailing Wage Rates

The Director of the Department of Industrial Relations has ascertained general prevailing wage rates in the county in which the work is to be performed. Upon request, the State shall furnish to the Contractor a copy of such prevailing wage rates that the Contractor shall post at the job site.

The prevailing wage rates set forth are the minimum that shall be paid by the Contractor.

Nothing contained herein shall be construed as preventing the Contractor from paying more than the minimum prevailing wage rates. No extra compensation will be allowed by the State due to the Contractor’s inability to hire labor at minimum rates.

TBB Bid Number C5613045-D California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Works

If it becomes necessary to employ work classifications other than those listed in the bid, the Contractor shall notify the State immediately and the State will ascertain the additional prevailing wage rates from the date of initial payment.

The Contractor shall comply with all prevailing wage rate requirements and shall be subject to all restrictions and penalties in accordance with California Labor Code sections 1770 - 1780.

3.7 Payment Records

The Contractor and all subcontractors shall keep accurate payroll records showing the name, address, social security number, work week, work classification, straight time, overtime, the actual per diem, and the wages paid to each employee in connection with this project. Such records shall be certified and be available for inspection during business hours at the principal place of business of the Contractor in accordance with California Labor Code section 1776.

3.8 Public Works Contractor Registration Program

The California Legislature has imposed a new registration requirement for contractors and subcontractors involved with public works projects. Senate Bill 854, passed in late June 2014, implemented a new registration program to fund the Department of Industrial Relations’ (DIR) monitoring and enforcement of prevailing wage laws.

Pursuant to Labor Code §1771.4, which imposes additional requirements when bidding and awarding public works contracts:

(A) This project is subject to compliance monitoring and enforcement by the DIR.

(B) The Department shall post or require the prime contractor to post job site notices, as prescribed by regulation.

(C) Each contractor and subcontractor shall furnish the records specified in Labor Code §1776 directly to the Labor Commissioner, in the following manner:

1. At least monthly or more frequently if specified in the contract with the awarding body.

2. In an electronic format prescribed by the Labor Commissioner, on the DIR’s internet website.

(D) The Department shall undertake those activities it deems necessary to monitor and enforce compliance with prevailing wage requirements. Contractor shall cooperate with the Department by providing such information as the Department may request to ensure the Contractor’s compliance with this law.

(E) No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

TBB Bid Number C5613045-D California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Works

(F) No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the DIR pursuant to Labor Code section 1725.5.

(G) The Contractor shall submit proof of registration with DIR to CDCR with bid proposal.

The Contractor shall be responsible to ensure all subcontractors are registered with

DIR.

3.9 Air Pollution Control

The Contractor shall comply with all air pollution control statutes, rules, regulations, and ordinances that apply to any work performed in connection with this project in accordance with California Public Contract Code section 10231 and California Government Code section 11017.

3.10 Accident Prevention

The Contractor is responsible for the safety of all persons and property entering the premises during the term of the Contract. The Contractor shall comply with all applicable laws relating to safety precautions, including safety regulations of the California Department of Industrial Relations, State Division of Industrial Safety.

3.11 Hazardous Materials

Contractor shall handle only those hazardous material(s), if any, specified in the Scope of Services. If Contractor encounters any unspecified hazardous material while fulfilling the conditions of the Contract, the work shall stop immediately. The removal of any unspecified hazardous material(s) may be added to this contract by amendment or may be performed by the State through other means, at the discretion of the State. Any contractor providing hazardous material services shall comply with all hazardous material regulations and the Contractor shall have all applicable certifications either through itself or a subcontractor and be insured against environmental liability of not less than $1,000,000 per occurrence for bodily injury and property damage liability combined.

3.12 Employment of Undocumented Aliens

No State agency or department that is defined in Public Contract Code section 10335.7, and thereby subject to this code, shall award a public works or purchase contract to a bidder or contractor, nor shall a bidder or contractor be eligible to bid for or receive a public works or purchase contract, who has previously been convicted of violating a state or federal law respecting the employment of undocumented aliens.

3.13 Small Business and DVBE Participation – Commercially Useful Functions

This solicitation and any resulting Agreement shall be subject to all requirements as set forth in the following code:

Government Code Sections 14837, 14839, 14842, 14842.5

Military and Veterans Code (MVC) Sections 999, 999.6, 999.9

TBB Bid Number C5613045-D California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions for Public Works

In part, these codes involve requirements for businesses to qualify as a California certified Small Business, Micro-business and/or DVBE. The aforementioned companies must perform a commercially useful function to be eligible for award and must be “domiciled” in California. A supplier’s bid will be considered non-responsive and rejected for failure to comply with the definition and requirements set forth in the statutes. Contractors found to be in violation of certain provisions within these code sections may be subject to loss of certification, penalties and Agreement cancellation.

3.14 Disabled Veteran Business Enterprise (DVBE)

If this Agreement is exempt from DVBE requirements, CDCR requests Contractor’s assistance in achieving legislatively established goals for the participation of DVBEs by reporting any certified DVBEs that will be used in the performance of this Agreement.

3.15 DVBE Replacement Request

Contractor understands and agrees that should award of this contract be based in part on their commitment to use the Disabled Veteran Business Enterprise (DVBE) subcontractor(s) identified in their bid or offer, per (M&VC)§ 999.5 (e), a DVBE…