DC240225_Valve_Replacement_IFB.pdf

Invitation For Bid (IFB)

California Department of Education Diagnostic Center Central California IFB DC240225 – Valve Replacement

BID PACKAGE TABLE OF CONTENTS

BID DOCUMENTS - The following items are for your use in preparing a bid on the attached project. The items with the asterisk (*) need to be returned as part of the bid submission package before the time listed at the place indicated on the Invitation for Bid for your bid to be considered for this project.

Invitation For Bid

NOTICE

INSTRUCTIONS TO BIDDERS

EXHIBIT A – Scope of Work

* EXHIBIT B – Budget Detail & Contractor’s Bid Form EXHIBIT C – General Terms and Conditions (GTC 04/2017) located here:

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal- Services-Resources-List-Folder/Standard-Contract-Language

EXHIBIT D – Special Terms and Conditions EXHIBIT E – Additional Provisions

* EXHIBIT F – Bonds and Certifications (Requires notarized signature)

Required Forms Attachment 1 – Protest Procedures for Invitation for Bid

* Attachment 2 – Bidder’s Bond (Required notarized signature)

* Attachment 3 – Payment Bond Certification

* Attachment 4a – Darfur Contracting Act Certification

* Attachment 4b – Darfur Contracting Act Certification Supplemental

* Attachment 5 – California Civil Rights Laws Certification (CO-005)

* Small Business Preference and Certification Request (Std 811) (Only required if Bidder is requesting the Small Business preference) Form is located here:

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std811.pdf

* Contractor Certification Clauses (CCC 04/2017) located here:

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language

* Payee Data Record (Std 204) located here:

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

* Bidder Declaration (GSPD-05-105) (Only required if Bidder proposes to use any subcontractors) Form is located here:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

* Generative Artificial Intelligence (GenAI) Reporting and Factsheet (Std 1000) located here: https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf

NOTICE

IFB or Contract Number: DC240225 Valve Replacement IFB

Sealed bid proposals will be accepted at the California Department of Education located at 1430 N Street, Suite 2213 until Tuesday, December 17, 2024 at 12:00 pm PST, at which on Thursday, December 19, 2024 at 9:00 am PST they will be publicly opened and read. The bids shall be for the performance of all manpower, labor, tools, materials, equipment, transportation, supervision, licenses, bonds and insurance certificates necessary to replace the 1 ½ “existing gate valve that controls water to the main lobby at the Diagnostic Center Central California (DCCC), All works shall be in accordance with plans and specifications as described in Exhibits A, B, C, D, E, and F.

Bid packages can be obtained by submitting a request to McKinley Carlisle by phone at (916) 445- 6826 by e-mail at mcarlisle@cde.ca.gov

A 5% "Small Business" preference will be granted to bidders properly approved in accordance with Section 1896 et seq., Title 2, California Code of Regulations. Applications for preference must be submitted to, and approved by, the Department of General Services, Procurement Division - Office of Small Business and DVBE Services located at 707 Third Street, 1st Floor, Room 400, West Sacramento, CA 95605, (916) 375-4940.

The Contractor shall possess a C-36 Plumbing Contractor’s License to bid the project. Prospective bidders may examine/obtain plans, specifications, and bid forms by contacting Shanon McClain by phone at (559) 228-2233 or by e-mail at smcclain@dcc-cde.ca.gov or McKinley Carlisle by phone at

(916) 445-6826, or by e-mail at mcarlisle@cde.ca.gov. See Exhibit F, Article IV, Bidder Certification.

Bidders are required to certify they will provide a drug-free workplace prior to contract approval.

The Contractor shall be required to provide a payment bond, Payment Bond to Accompany Construction Contract Form Std 807 (see Attachment 3), in the amount of one hundred percent (100%) of the contract price involving a bid in excess of $25,000. A Performance Bond in the amount of one hundred percent (100%) must accompany every contract involving a bid in excess of $10,000 and if progress payments will be made. See Exhibit F, Article I, Contract Bonds.

The low responsive and responsible bidder will be required to enter into a contractual agreement in the form of a State of California "Standard Agreement, STD Form 213" which shall be binding upon the State of California only after approval by the State. The contract is not binding on either party unless and until it is approved by appropriate authorized state agencies. All nonexempt state contracts of $5,000 or more are subject to state contractor nondiscrimination and compliance requirements pursuant to Government Code Section 12990 and California Code of Regulations, Title 2, Division 4, Section 11119. See Exhibit D, Article I, Standard California Nondiscrimination Construction Contract Specifications.

Pursuant to Section 1770 of the Labor Code, the Department of Industrial Relations (DIR) has ascertained the general prevailing wage rates applicable for the county in which the work is completed.

Copies of the wage rates are on file. See Exhibit E, Article II, Prevailing Wage. No Contractor or subcontractor may be awarded a contract for a public works project unless registered with DIR pursuant to Labor Code 1725.5.

No bidder or proposed subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

INSTRUCTIONS TO BIDDERS

I. GENERAL:

These instructions form a part of the contract documents and shall have the same force as any other contract document, including the Special Provisions.

II. EXAMINATION OF BID DOCUMENTS AND SITE:

A. Bidders shall carefully examine the Invitation for Bid document. They shall investigate conditions, character, quality and quantity of surface, and sub-surface materials or obstacles to be encountered. Any failure by bidders to acquaint themselves with site conditions and available information will not relieve them from responsibility for estimating properly the difficulty or cost of successfully performing the work.

B. Questions pertaining to the Plans and/or Specifications which may arise during the bidding period shall be directed to the CDE Contract Monitor, Shanon McClain, by phone at (559) 228-2233, or by e-mail at smcclain@dcc-cde.ca.gov, or CDE Contract Analyst, McKinley Carlisle, by phone at (916) 445-6826, or by e-mail at mcarlisle@cde.ca.gov.

III. DISCREPANCIES:

A. Any discrepancies, omissions, ambiguities, or conflicts in or among the contract documents, or doubts as to meaning shall be brought to the CDE's attention.

B. All interpretations of the contract documents will be in the form of written addenda. Addenda will be sent to all bidders to whom the IFB is sent. All addenda become part of the contract documents. Any oral representations issued by the CDE shall be of no force or effect. Bidders are responsible for determining that they have received all addenda.

IV. BIDS:

A. Each bid shall be submitted on EXHIBIT B – CONTRACTOR’S BID FORM provided and shall be filled out/signed in the same name, style, manner, and license number as the bidder is licensed with the Contractors State License Board.

B. Amounts shall be written out in figures, followed by the amount written out in numbers.

C. Each bid shall have listed therein the name and address of each subcontractor to whom the bidder proposes to subcontract portions of the work in an amount in excess of one-half of one percent (1/2%) of the total bid in accordance with the Subletting and Subcontracting Fair Practices Act, commencing at Section 4100 of the Public Contract Code.

D. Bids shall include the cost of all items shown on the Plans, mentioned in Specifications, or reasonably inferred therefrom as necessary to complete the work within the intent of the contract documents.

E. Bids shall include all applicable federal, state and other taxes, together with the cost of all permits, licenses and the like, which may be required under various laws and regulations.

F. Bids shall not be qualified. Any bids modifying the conditions of the IFB will be disqualified. Deviations from the Plans and/or Specifications shall not be considered and shall be cause for rejection of bids.

G. Bids shall be submitted in a sealed envelope marked "Sealed Bid – Valve

Replacement IFB – Do Not Open". To prevent premature opening, place sealed bid envelope within another envelope, and deliver to the place shown before the time listed on the IFB. The outer envelope must have the return address of the bidder. Faxed bids will not be accepted.

1. Bid package must include the following completed documents:

a. Exhibit B, Contractor’s Bid Form

b. Exhibit F, Bonds and Certifications (non-collusion affidavit requires a notarized signature)

c. Attachment 2, Bidder’s Bond (requires a notarized signature)

d. Attachment 3, Payment Bond Certification

e. Attachment 4a, Darfur Contracting Act Certification, OR Attachment 4b, Darfur Contracting Act Certification Supplemental

f. Attachment 5, California Civil Rights Laws Certification

g. Small Business Preference and Certification Request (Std 811) (Only required if Bidder is requesting the Small Business Preference) Form is located here: https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std811.pdf

h. Contractor Certification Clauses (CCC 04/2017) located here:

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal- Services-Resources-List-Folder/Standard-Contract-Language

i. Payee Data Record (Std 204) located here:

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

j. Bidder Declaration (GSPD-05-105) (Only required if Bidder proposes to use any subcontractors) Form is located here:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

k. Generative Artificial Intelligence (GenAI) Reporting and Factsheet (Std 1000) located here:

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

l. Photocopy of valid C-36 Plumbing Contractor’s License, as issued by the California Department of Consumer Affairs, Contractors State License Board.

m. Insurance: The bidder must possess and provide a copy of the insurance certificates outlined in Exhibit F, Articles II and III. Proof of coverage and limits are required in the bid package. Additional insured language will be required as a condition of contract award.

All bid package documents must bear the original signature of the individual authorized to bind the contract. No electronic signatures will be accepted as original. Original signature shall mean a manual handwritten signature or mark in wet ink.

H. No bids will be accepted after the time set for the bid opening. It is the responsibility of the bidder to assure delivery of the bid documents to the proper place and before the time of bid opening as listed on the IFB. Any bid received after the scheduled closing time for receipt of bids will be returned unopened.

I. Bids will be opened and read publicly at the time and place specified on the IFB, or as changed by an "Addendum” to the contract documents.

J. Any bid may be withdrawn prior to the hour fixed in the IFB, provided a request for withdrawal is submitted in writing by the bidder or his/her duly authorized representative and filed at the place shown on the IFB. An oral, telegraphic, telephonic, or faxed request to withdraw a bid proposal is not acceptable. No bids may be withdrawn after the bid opening.

K. The CDE reserves the right to disregard minor irregularities (e.g., not affecting the scope, price, statutory mandate, etc.) in the bid responses.

L. The method that shall be used as a "tie-breaker" in the event of a two-way (or more) tie of the responsive/responsible lowest bid will be to place the names of the bidders in a container to be drawn. The first name drawn will be the proposed awardee. The remaining bidder(s) name(s) will be drawn sequentially and noted in case, upon validation, the proposed awardee selected through the tie-breaking process fails to perform. All interested parties are invited to attend the process.

Small business bidders, meeting the IFB specifications, shall have precedence over non-small business bidders in that the application of any bidder preference for which non-small business bidders may be eligible under any other provision of law shall not result in the denial of the award to a small business bidder.

In the event of a precise tie between the low responsible bid of bidder meeting the specifications of a small business, and the low responsible bid of a bidder meeting the specifications of a disabled veteran-owned small business, the contract shall be awarded to the veteran-owned small business.

M. Small Business Preference and Certification Request (Std. 811) must be completed (Form is located here:

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std811.pdf), if the preference is being claimed. A copy of the certification letter from Office of Small Business and DVBE Services (OSDS), or print out from OSDS website must also be included.

The California State Department of Office of Small Business and DVBE Services

(OSDS) certified small business bidders shall be granted a preference consisting of five percent (5%) of the lowest responsive/responsible bid submitted by a bidder who is not certified by the OSDS as a small business. If you are an OSDS certified small business and are claiming the preference, you must submit a copy of your OSDS certification letter, or print out from the OSDS website, with your bid response. Failure to submit a copy of your OSDS certification letter, or print out, for the industry appropriate for this bid will not be cause for bid rejection; however, preference for small business will not be considered or granted for your bid.

N. Bidder Declaration (GSPD-05-105) must be completed if Bidder proposes to use any subcontractors. Form is located here:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

THE STATE RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS

V. BIDDERS:

A. The CDE will not award a contract, nor is a bidder eligible to bid for or receive a contract for the work described herein, if, in the preceding five years, that contractor has been convicted of violating a state or federal law respecting the employment of undocumented aliens (Public Contract Code § 6101).

B. Before submitting bids, all bidders must be licensed for the appropriate classification in accordance with provisions in Division 3, Chapter 9, of the California Business and Professions Code. The class of Contractors License required for this project is listed in EXHIBIT A – SCOPE OF WORK.

No bidder may bid on work of any kind for which they are not properly licensed by the Contractors State License Board. Joint venture bidders must possess a joint venture license.

C. All Contractors and subcontractors who bid or work on a public works project must register with the Department of Industrial Relations (DIR) Contractor registration program. (Labor Code 1725.5, with limited exceptions under Labor Code 1771.1(a)).

No Contractor or subcontractor may be awarded a contract for public works project unless registered with DIR pursuant to Labor Code 1725.5

Prior to contract award, the CDE will verify Contractor and subcontractor, if any, registration status on the DIR’s database of registered Contractors and subcontractors.

Upon contract award, the CDE will submit to DIR a contract award notice (PWC-

100) for this public works project.

D. As stated in EXHIBIT D – SPECIAL TERMS AND CONDITIONS, contracts under $25,000 may or may not be required to meet Disabled Veteran Business Enterprise (DVBE) participation requirements. When stated as "…Will… require DVBE participation," the bidder shall complete documentation in accordance with EXHIBIT D. ARTICLE III. DVBE INCENTIVE OPTION and submit with EXHIBIT B - CONTRACTOR’S BID FORM. Failure to do so will disqualify the bidder.

E. All bidders submitting bids as a corporation shall be currently qualified to do business in California. The corporation shall be listed as "in good standing" with the California Office of the Secretary of State.

F. BIDDER’S BOND:

Bids have enclosed cash, a cashier's check, certified check, or a bidder's bond, executed as surety by a corporation authorized to issue surety bonds in the State of California, made payable to "California Department of Education," in an amount equal to at least ten percent (10%) of the bid amount. No such bid shall be considered unless one of the forms of bidder's security is enclosed therewith.

If bidder's security is a bidder's bond, it must be executed on the form provided by the State or on an equivalent form (see Attachment 2). Personal checks are not acceptable.

Within ten (10) working days after formal award of the contract, the CDE will return the bidder's security (other than bidder's bonds) and accompanying bid except apparent low bidder and apparent second low bidder meeting bid requirements in making the bid award. Retained bidder's security will be held until the contract has been fully executed and approved, after which all bidders’ security, except bidder's bonds, will be returned.

VI. BIDDER CERTIFICATION:

EXHIBIT F – BONDS AND CERTIFICATIONS, ARTICLE IV. BIDDER CERTIFICATION

shall be sworn/attested to in the presence of a California Licensed Notary Public and signed by the Bidder. The document must then be returned with EXHIBIT B –

CONTRACTOR’S BID FORM.

VII. GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI) DISCLOSURE NOTIFICATION:

The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

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

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

Upon receipt of a Bidder/Offeror GenAI Disclosure & Factsheet the state reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the state

VIII. CONTRACT:

A. The State reserves the right to not award a contract for this project. If the contract is awarded, it will be awarded to the lowest responsive and responsible bidder whose bid complies with all prescribed requirements, including "Small

Business Bidder" preference, and "Disabled Veteran Business Enterprise" Program, in accordance with California Code of Regulations and/or Public Contract Code as applicable.

B. Once awarded, the contractor shall sign the required number of copies of the contract documents and return them within ten (10) working days, not including Saturdays, Sundays, and State holidays, after state contract documents have been received for signature. Failure to provide the required signed contract documents within the ten (10) working days, not including Saturdays, Sundays, and State holidays, may invalidate the contract award which would be cause for forfeiture of bidder's security.

The State may award to the next lowest responsive and responsible bidder and avail itself of all legal remedies provided by statute.

C. The contract shall be binding only upon approval by the State.

IX. CERTIFICATE OF INSURANCE/BONDS:

A. Prior to the approval of the contract the Contractor shall furnish a Certificate(s) of

Insurance for Workers' Compensation Insurance and Liability Insurance to the and applicable bonds required to the State as described in the EXHIBIT F –

BONDS AND CERTIFICATIONS.

EXHIBIT A

SCOPE OF WORK

I. SCOPE OF WORK:

The Contractor will furnish all labor, tools, materials, transportation, ladders, lifts, equipment, services, supervision, licenses and insurance certificates necessary to replace 1 ½ “ existing, underground, steel gate valve that is located in front of the building and controls water to the main lobby at the Diagnostic Center Central California (DCCC), as described herein. Upon confirmation by the CDE Contract Monitor that the new installed valve is not leaking, the Contractor shall backfill and compact the excavated area and reset the valve box.

II. CONTRACT MONITORS:

The CDE assigns Shanon McClain, smcclain@dcc-cde.ca.gov, (559)228-2233 as the State Contract Monitor to oversee this project. Said State Contract Monitor is not authorized by the State to make any commitments or make any changes which will affect the price, terms or conditions of this Agreement without a formal contract amendment.

The Contractor must assign a Contractor Contract Monitor to oversee this project. Said Contractor Contract Monitor is not authorized by the State to make any commitments or make any changes which will affect the price, terms or conditions of this agreement without a formal contract amendment.

III. LOCATION:

All work will be performed at the Diagnostic Center, Central California located at 1818 W. Ashlan Ave, Fresno, CA 93705.

IV. CONTRACTOR CLASSIFICATION:

It has been determined by the CDE that the following Contractor’s license classification is required for this project:

C-36 Plumbing Contractor’s License, as issued by the Department of Consumer Affairs, Contractors State License Board

V. COMMENCEMENT, TIME EXTENSION, AND LIQUIDATED DAMAGES:

A. The Contractor agrees to complete the work of this contract within five (5) working days, beginning from the date of written notice to commence work. Work cannot commence until the “start meeting” has taken place, see Exhibit E. Additional Provisions, Article X. Cooperation Between Contractor and State, section A.

B. At the discretion of the CDE, an extension in the contract time may be granted in the event a delay is caused by weather which does not permit the execution of the work of this contract in accordance with the above number of working days. Requests for extension in the contract time must be submitted in writing via post mail, within five

(5) working days of the weather related delay, by the Contractor to the CDE Contract Monitor. Requests submitted past five working days of the weather related delay will be honored solely at the discretion of the CDE.

C. Time is of the essence for this contract and the CDE will sustain damage if the work is not completed in the time herein specified. Therefore, the Contractor must pay to the CDE the sum of $100 for each and every working day's delay in finishing the work of the Contract in excess of the number of days specified. However, the Contractor shall not be assessed liquidated damages when the delay is caused by the failure of the CDE or the owner of any utility to provide for removal or relocation of an existing utility, facility, or to perform work as indicated in these specifications.

It is also agreed that these monies will be deducted from final payment to the

Contractor.

VI. DESCRIPTION OF SERVICES:

A. The Contractor will replace a 1 ½ “existing, underground, steel gate valve that is located in front of the building and controls water to the main lobby at the DCCC.

B. Upon confirmation by the CDE Contract Monitor that the newly installed valve is not leaking, the Contractor shall backfill and compact the excavated area and reset the valve box.

VII. COORDINATION:

A. All work at the school, except for tasks requiring utility interruptions, must be done between the daylight hours of 7:00 a.m. and 3:30 p.m., Monday through Friday. Any change to these time periods must be approved by the CDE Contract Monitor in advance.

B. Entrance for use of occupants and access thereto must be kept clean and clear of materials, equipment, refuse, etc., at all times.

C. The Contractor must retain a competent superintendent at the job site, to represent the Contractor and to direct the performance of the work under this contract any time work is being done.

D. It is the Contractor’s responsibility to be self informed regarding any and all peculiarities and limitations of the area and availability for this work.

E. The Contractor will be aware work under this contract may take place when school is in session. During the school year students and staff will occupy most buildings. The Contractor should keep all paths of travel clear of debris, equipment, and personnel when students, faculty, and/or staff are in the area.

VIII. REGULATORY REQUIREMENTS:

A. The Contractor must cooperate with the DCCC authorities and shall observe and comply with all regulations presently in force on DCCC grounds and laws of the State of California.

B. All work under this contract must comply with the current edition of the California

Code of Regulations.

C. The Contractor must possess and provide a copy of each of the following:

1. C-36 Plumbing Contractor’s License

2. Contractor must be insured and bonded.

IX. CONTRACT CLOSEOUT:

Upon completion of work the Contractor will request a final inspection with the CDE Contract Monitor.

X. SPECIAL PROJECT PROCEDURES:

A. The Contractor is responsible for thoroughly investigating the site and satisfying itself of the accuracy of the data on information provided prior to starting work. Any damage caused to the DCCC utilities, buildings, landscape and or exterior will be the responsibility of contractor to repair, at no additional cost to the State.

B. The Contractor will report to the CDE Contract Monitor and /or CDE authorized designee each morning with the number of staff on DCCC grounds daily.

The Contractor is to be advised that all employees working on the site are required to sign in at the front desk in the main lobby of the DCCC. Each of the Contractor’s employees are to sign in daily when on State property. The Contractor must be escorted by a DCCC staff member while on site.

C. The Contractor is required to take all precautions and employee heightened safety controls during the process of work. The Contractor will include a submittal indicating area of work, the time involved, and clearly identify specific area that may need to be blocked off. The CDE Contract Monitor will review the submittal; after the schedule has been approved arrangements will be made with the Contractor to begin work. The schedule may be altered after review by the CDE Contract Monitor if the contract schedules conflict with the operation of the facility.

D. Heavy equipment must be kept off the grass areas, sidewalks, and planted areas.

When it becomes necessary to use heavy equipment in these areas, the Contractor is to contact the CDE Contract Monitor twenty-four hours in advance to allow the landscape department to secure the sprinkler systems, flag sprinkler heads, and valve boxes.

XI. PROJECT MEETINGS:

A. The Contractor or his representative must be available for weekly construction meetings during the period work, if needed.

XII. SUBMITTALS:

A. The CDE Contract Monitor shall provide Contractor with lay down plan showing proposed location of employee parking, materials storage, shop facilities, and other major work areas for acceptance prior to site mobilization.

B. The Contractor must submit to the CDE Contract Monitor the following data:

1. Contracting license number and issue date.

2. Cut sheets on materials needed (valve, piping fittings, thread compound, etc.) to complete work.

3. The Contractor must provide a project schedule before work begins and provides an updated schedule at each weekly construction meeting.

XIII. FIELD QUALITY CONTROL:

A. The Contractor will notify the CDE Contract Monitor to request an inspection for work complete in each area identified on the project schedule. The CDE Contract Monitor or his representative shall inspect each area upon receipt of request.

B. The CDE Contract Monitor will provide observation reports periodically during phases of work identifying contract deficiencies. The Contractor is responsible for making corrections.

XIV. ADDITIONAL REQUIREMENTS:

A. The Contractor must remove from the construction areas all trash and debris as it accumulates and dispose of it at no additional cost to the State.

B. All construction areas are required be kept clean, safe and orderly at all times. At the completion and acceptance of the work, the Contractor must remove from the site all debris and surplus materials resulting from his work and dispose of off grounds at no additional cost to the State.

XV. HOURS/TIME OF WORK:

A. The Contractor must complete all work under this contract within five (5) working days from the date of written notice to commence work.

B. Work hours at the DCCC must be conducted between the hours of 7:00 a.m. and 3:30 p.m., Monday through Friday.

C. The Contractor can request to schedule work for Saturday and Sundays and after normal working hours at no additional cost to the State, with prior written approval and only under special circumstances.

D. The Contractor will not be allowed to work on State holidays.

E. The CDE Contract Monitor must approve all changes for additional work or changes to the schedule in advance.

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

I. INVOICING AND PAYMENT:

Payment made by the School, as a lump sum final payment, upon the Supervisor of Building Trades acceptance and approval of the job. The State agrees to compensate the Contractor for actual expenditures incurred in accordance with the costs specified in

EXHIBIT B – CONTRACTOR’S BID FORM.

Invoices shall include the DC240225 and shall be submitted in arrears at the end of the contract period in duplicate to:

Diagnostic Center Central California

1818 W. Ashlan Ave Fresno, CA 93705

Attention: Shanon McClain Email: smcclain@dcc-cde.ca.gov

II. BUDGET CONTINGENCY CLAUSE:

A. It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of congressional or legislative appropriation of funds, for the mutual benefit of both parties in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made.

B. This Agreement is valid and enforceable only if sufficient funds are made available to the State by the United States Government or the California State Legislature for the purpose of this program. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress or the State Legislature that may affect the provisions, terms or funding of this Agreement in any manner.

C. It is mutually agreed that if the Congress or the State Legislature does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds.

D. Pursuant to GC, Section 927.13, no late payment penalty shall accrue during any time period for which there is no Budget Act in effect, nor on any payment or refund that is the result of a federally mandated program or that is directly dependent upon the receipt of federal funds by a state agency.

E. CDE has the option to terminate the Agreement under the 30-day termination clause or to amend the Agreement to reflect any reduction in funds.

III. PAYMENT:

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

IV. PROGRESS PAYMENTS:

Progress payments will not apply to this contract. All contracts of $10,000 or less and/or less than three months in duration shall be one payment (lump sum) for the entire contract at the end of the contract period.

V. PROGRESS SCHEDULE AND BID COST BREAKDOWN:

A. Prior to commencing the work, the Contractor shall submit to the CDE Contract

Monitor a practicable progress schedule of operations preferably in chart form. The schedule of operations shall show the order in which the Contractor proposes to carry out the work, the day on which he/she will start each subdivision of the work, and contemplated day of completion of such subdivision. When required by the CDE Contract Monitor the Contractor shall submit an adjusted progress schedule to reflect changed conditions. Progress schedule and adjusted progress schedule shall be consistent in all respects with time requirements of the contract and shall be subject to review and modification by the State.

B. Prior to starting work, the Contractor shall furnish to the CDE Contract Monitor in writing a breakdown by subcontractor and/or sub-subcontractor of bid costs.

VI. TRAVEL AND SUBSISTENCE PAYMENTS:

The Contractor shall make travel and subsistence payments to each worker needed to execute the work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code, Section 1773.1(8).

VII. ELECTRONIC CERTIFIED PAYROLL RECORDS:

All Contractors must furnish electronic certified payroll records to the Labor

Commissioner in their eCPR data system.

EXHIBIT B

CONTRACTOR’S BID FORM

TO: Diagnostic Center Central California Valve Replacement IFB

1818 W. Ashlan Ave

Fresno, CA 93705

The undersigned Contractor hereby proposes to furnish all manpower, labor, tools, materials, equipment, transportation, supervision, licenses, bonds and insurance certificates necessary to replace the 1 ½ “existing gate valve that controls water to the main lobby at the DCCC, All work shall be in accordance with plans and specifications as described in Exhibits A, B, C, D, E, and F.

for the total sum of dollars ($ ).

Preference as a small business requested for this bid: Yes No. If yes, the Small Business Preference and Certification Request, STD 811, must be included with this Exhibit B - Bid Proposal Form.

Bidders must identify all subcontractors, including DVBE subcontractors, proposed for participation in the contract by completing and submitting the Bidder Declaration (GSPD-05-105) with the Bid. The GSPD-05-105 can be accessed at: https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

Listed hereinafter are the names, addresses and contractor's license numbers of all subcontractors (including DVBE) who will perform work, labor or render services in an amount in excess of one-half of one percent (.5%) of the prime contractor's total bid, and the type of work that each will perform.

NAME/ADDRESS (ATTACH SEPARATE SHEET AS NEEDED)

TYPE OF WORK

% OF

TOTAL

LICENSE NO.

1.

2.

3.

4.

Type of Business (check one):

Contractor: __ Corporation __ Partnership Address: __________________________________ __ Individual

Federal Employer I.D. No.: ____________________ License No.: _______________

License Classification: ________________________ Date of Expiration: _________________

Nondiscrimination Compliance Statement - The company named below (hereinafter referred to as "prospective contractor") unless specifically exempted, certifies compliance with Government Code Section 12990 (a-f) and California Code of Regulations, Title 2, Division 4, Chapter 5 in matters relating to reporting requirements and the development, implementation and maintenance of a Nondiscrimination Program. Prospective Contractor agrees not to unlawfully discriminate, harass or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, disability (including HIV and AIDS), medical condition (cancer), age, marital status, denial of family and medical care leave and denial of pregnancy disability leave.

Acknowledgement of Addenda # ___,# ___, # ___, # ___.

Signature: _____________________________________ Date: __________________

Printed Name/Title: ___________________________________________________________

Telephone No.: __________________ E-mail: _______________________

EXHIBIT C

GENERAL TERMS & CONDITIONS

GTC 04/2017 will be incorporated by reference and made part of this Agreement. The GTC 04/2017 document can be viewed at https://www.dgs.ca.gov/OLS/Resources/Standard- Contract-Language

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

I. STANDARD CALIFORNIA NONDISCRIMINATION CONSTRUCTION

CONTRACT SPECIFICATIONS:

These specifications are applicable to all State Contractors and subcontractors having a construction contract or subcontract of $5,000 or more.

A. As used in the specifications:

1. "Administrator" means Administrator, Office of Compliance Programs

(OCP), California Department of Fair Employment and Housing (DFEH), or any person to whom the Administrator delegates authority;

2. "Minority" includes:

a. Black (all persons having primary origins in any of the black racial groups of Africa, but not of Hispanic origin);

b. Hispanic (all persons of primary culture or origin in Mexico, Puerto Rico, Cuba, Central or South America or other Spanish derived culture or origin regardless of race);

c. Asian/Pacific Islander (all persons having primary origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent or the Pacific Islands); and

d. American Indian/Alaskan Native (all persons having primary origins in any of the original peoples of North America and who maintain culture identification through tribal affiliation or community recognition).

B. Whenever the Contractor or any subcontractor subcontracts a portion of the work, it shall physically include in each subcontract of $5,000 or more the nondiscrimination clause in this contract directly or through incorporation by reference. Any subcontract for work involving a construction trade shall also include the Standard California Construction Contract Specifications, either directly or through incorporation by reference.

C. The Contractor shall implement the specific nondiscrimination standards provided in the following paragraphs, F 1 through 5 of the specifications.

D. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Government Code, Section 12990, or the regulations promulgated pursuant thereto.

E. In order for the non-working training hours of apprentices and trainees to be counted, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor or the California Department of Industrial Relations.

F. The Contractor shall take specific actions to implement its nondiscrimination program. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor must be able to demonstrate fully its efforts as described in Steps 1 through 5 below:

1. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and at all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all lead-persons, superintendents, and other on site supervisory personnel are aware of and carry out the Contractor's obligations to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities.

2. Provide written notification within seven days to the director of DFEH when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations.

3. Disseminate the Contractor's equal employment opportunity policy by providing notice of the policy to unions and training, recruitment and outreach programs and requesting their cooperation in assisting the Contractor to meet its obligations; and by posting the company policy on bulletin boards accessible to all employees at each location where construction work is performed.

4. Ensure all personnel making management and employment decisions regarding hiring, assignment, layoff, termination, conditions of work, training, rates of pay or other employment decisions, including all supervisory personnel, superintendents, general lead-persons, on site lead-persons, etc., are aware of the Contractor's equal employment opportunity policy and obligations, and discharge their responsibilities accordingly.

5. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the equal employment opportunity policy and the Contractor's obligations under these specifications are being carried out.

G. Contractors are encouraged to participate in voluntary associations which assist in fulfilling their equal employment opportunity obligations. The efforts of a Contractor association, joint Contractor union, Contractor community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female work force participation, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's.

H. The Contractor is required to provide equal employment opportunity for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Fair Employment and Housing Act (Government Code, Section 12990 et seq.) if a particular group is employed in a substantially disparate manner.

I. Establishment and implementation of a bona fide affirmative action plan pursuant to Section 8104(b) of this Chapter shall create a rebuttal presumption that a Contractor is in compliance with the requirements of Section 12990 of the Government Code and its implementing regulations.

J. The Contractor shall not use the nondiscrimination standards to discriminate, harass or allow harassment against any person because of race, color, religious creed, sex, national origin, ancestry, disability (including HIV and AIDS), medical condition (cancer), age, marital status, or denial of family and medical care leave and denial of pregnancy disability leave.

K. The Contractor shall not enter into any subcontract with any person or firm decertified from State contracts pursuant to Government Code, Section 12990.

L. The Contractor shall carry out such sanctions and penalties for violation for these specifications and the nondiscrimination clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Government Code, Section 12990 and its implementing regulations by the awarding agency. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Government Code, Section 12990.

M. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company equal employment opportunity policy is being carried out, to submit reports relating to the provisions hereof as may be required by OCP and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status, (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in any easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, Contractors shall not be required to maintain separate records.

II. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION

GOALS:

Section 10115 et seq. of Public Contract Code, and Section 999 et seq. of the Military and Veterans Code requires a goal of three percent (3%) for Disabled Veteran Business Enterprise (DVBE) participation for all contracts on an agency-wide basis of $25,000.00 and over unless exempted due to the services provided.

CDE WILL NOT require DVBE participation for this contract.

III. DVBE INCENTIVE OPTION:

In accordance with Section 999.5(a) of the Military and Veterans Code, an incentive will be given to bidders who provide DVBE participation. The incentive amount for awards based on the lowest responsive/responsible bid received will vary in conjunction with the percentage of DVBE participation. The incentive is only given to those bidders who are responsive to the DVBE Program Requirements and DVBE participation in the resulting contract. The following table represents the percentages that will be applied:

Confirmed DVBE Participation of: DVBE Incentive:

5% or Over 5% 4% to 4.99% inclusive 4% 3% to 3.99% inclusive 3%

In order to receive the incentive all bidders must document DVBE participation commitment by completing and submitting the Bidder Declaration (GSPD-05-105) with the Bid. The GSPD-05-105 can be accessed at:

http://www.documents.dgs.ca.gov/pd/poliproc/MASTER-BidDeclar08-09.pdf (Outside Source). When completing the declaration, bidders must identify all subcontractors proposed for participation in the contract.

IV. RESOLUTION OF DISPUTES:

If the contractor disputes any action by the project monitor arising under or out of the performance of this contract, the contractor shall notify the project monitor of the dispute in writing and request a claims decision. The project monitor shall issue a decision within 30 days of the contractor's notice. If the contractor disagrees with the project monitor's claims decision, the contractor shall submit a formal claim to the Superintendent of Public Instruction or the Superintendent's designee. The decision of the Superintendent shall be final and conclusive on the claim unless the decision is arbitrary, capricious, or grossly erroneous or if any determination of fact is unsupported by substantial evidence. The decision may encompass facts, interpretations of the contract, and determinations or applications of law. The decision shall be in writing following an opportunity for the contractor to present oral or documentary evidence and arguments in support of the claim. Contractor shall continue with the responsibilities under this Agreement during any dispute.

V. LOSS LEADER:

It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code.

VI. ICT ACCESSIBILITY REQUIREMENTS (05/2018):

Unless the scope of work expressly provides that the CDE shall be responsible for all 508 compliance:

A. Contractor shall, in accordance with California Government Code section 11135 (which requires state agencies to comply with Section 508 of the federal Rehabilitation Act of 1973 (Section 508)), ensure that any and all Information and Communications Technology (ICT) deliverables developed, procured, or maintained as a result of this contract shall comply with state and federal accessibility requirements, including: (i) the California Department of Education’s (CDE) Web Content Accessibility Guidelines (WCAG) 2.0 at the AA level found at: http://www.w3.org/TR/WCAG20/, (ii) the CDE’s Web Standards found at:

https://www.cde.ca.gov/re/di/ws/webstandards.asp, and (iii) the CDE’s Web Application Review Team (WebART) review process found at:

https://www.cde.ca.gov/re/di/ws/webartproc.asp.

B. The definition of “Information and Communications Technology” or “ICT” includes but is not limited to: computer hardware, software, cloud services, websites, web content, web or mobile application, office documents (e.g., MS Word, MS Excel, MS PowerPoint, PDF), multimedia, social media, email, and electronic devices.

C. Contractor shall employ a section 508 compliance expert with qualifications and experience acceptable to the CDE to: (i) advise Contractor during ITC deliverable development, and (ii) certify in writing on behalf of Contractor that the ITC deliverables are fully compliant with the standards in subsection A above and Section 508 prior to submission to, or use by, the CDE. Such certification shall also include a statement describing precise methods by which compliance was determined, along with the results of testing. The Contractor is responsible for any costs associated with breach of such certification.

D. Upon CDE’s request, the Contractor must provide to the CDE all source files for

ITC deliverables to the CDE for the purpose of improving accessibility. This may include non-proprietary code, unedited pictures and video, and original documents prior to PDF conversion among others.

VII. PROHIBITION OF DISCRIMINATION:

In addition to the non-discrimination requirements in General Terms and Conditions attached as Exhibit C, Contractor and its…