HSR24-12_Fire_System_Maintenance_and_Repair_FINAL.pdf

Gavin Newsom

GOVERNOR

Brian P. Kelly

CHIEF EXECUTIVE OFFICER

HSR24-12

INVITATION FOR BIDS

Notice to Prospective Bidders

July 12, 2024

You are invited to review and respond to this Invitation for Bids (IFB) titled HSR24-12 Fire Systems Maintenance & Repair Services. This IFB is advertised in the California State Contracts Register through Cal eProcure at:

http://www.caleprocure.ca.gov

Please note that you must register with Cal eProcure in order to download IFB packages and any other provided documents from the Cal eProcure website.

Bidders are advised to check the Cal eProcure website for addendums, modifications, and updates to the bid documents. The California High-Speed Rail Authority (Authority and/or State) is not responsible for failure of the prospective bidder to check for any bid document updates, changes, or answers to questions posted on Cal eProcure. Failure to periodically check the website will be at the bidder's sole risk.

In submitting your bid, you must comply with the instructions found herein.

Note that this agreement will include the State of California General Terms and Conditions (GTCs 04/2017) and Contractor Certification Clauses (CCC 04/2017) that may be viewed and downloaded at Internet site:

http://www.dgs.ca.gov

The contact person for this IFB is:

Kayla Enuka California High-Speed Rail Authority

Phone: (916) 330-5661 Email: Kayla.enuka@hsr.ca.gov

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

Kayla Enuka Contract Analyst http://www.caleprocure.ca.gov/ http://www.dgs.ca.gov/

IFB/HSR24-12

TABLE OF CONTENTS

SECTION

BIDDER REQUIREMENTS AND INFORMATION

1. Purpose and Description of Services

2. Bidder Qualifications

3. Bidder Security

4. Prevailing Wage

5. Schedule of Events

6. Written Questions

7. Executive Order N-6-22 – Russia Sanctions

8. Executive Order N-12-23 – Generative Artificial Intelligence (GenAI)

9. Submission of Bid

10. Bid Opening

11. Disposition of Bids

12. Evaluation and Selection

13. Notice of Intent to Award Contract

14. Protest

15. Notice of Contract Award

16. Standard Conditions of Service

17. Required Documents (Awarded Contractor)

18. Bid Preference(s)

19. Bid Incentive(s)

STANDARD AGREEMENT FORM (SAMPLE)

EXHIBIT A – Scope of Work

EXHIBIT B – Budget Detail and Payment Provisions

EXHIBIT C – General Terms and Conditions

EXHIBIT D – Special Terms and Conditions

EXHIBIT E – Additional Provisions

EXHIBIT F – Noncollusion Declaration

EXHIBIT G – Equipment by Building

REQUIRED BID DOCUMENT CHECKLIST

ATTACHMENT 1 – Bid/Bidder Certification Sheet

ATTACHMENT 2 – Cost Sheet

ATTACHMENT 3 – Payee Data Record

ATTACHMENT 4 – Bidder Declaration & Subcontractor/Supplier List

ATTACHMENT 5 – Darfur Contracting Act

ATTACHMENT 6 – California Civil Rights Laws Certification

ATTACHMENT 7 – California Disabled Veteran Business Enterprise Participation Requirement and Incentive

ATTACHMENT 8 – Contractor Certification Clauses

Page 2of 2

ATTACHMENT 9 – GenAI Disclosure & Factsheet

EXHIBIT F – Noncollusion Declaration

DIR Registration – Copy of Department of Industrial Relations (DIR) Registration for the Bidder and all subcontractors the Bidder intends to utilize to perform Work under the Agreement.

C-10 License – Copy of a C-10 Electrical Contractor license issued by the California Department of Consumer Affairs, Contractors State License Board (CSLB)

C-16 License – Copy of a C-16 Fire Protection Contractor license issued by the California Department of Consumer Affairs, Contractors State License Board (CSLB)

The remainder of this page is intentionally left blank.

1. Purpose and Description of Services

A. Provide the California High-Speed Rail Authority (Authority) all labor (including indirect and administrative costs for all personnel), materials, tools, equipment, travel, and supervision necessary to perform inspections, service tests, equipment certifications, installations, equipment replacements, and related reporting for the Fire Systems Maintenance and Repair Services at Authority properties and adhere to all applicable local, state, and federal codes.

B. Term: August 1, 2024 or upon contract approval, whichever occurs later, through July 31, 2026, with an Authority option to extend for twelve (12) months. See Exhibit A, Scope of Work, for a complete description of services.

2. Bidder Qualifications

A. The bidder shall possess a valid C-10 Electrical Contractor license and a C-16 Fire Protection Contractor license issued by the California Department of Consumer Affairs, Contractors State License Board (CSLB). All subcontractors that the bidder intends to utilize to perform work under the contract shall possess all applicable contractor licenses for the work they shall perform under the contract. The bidder’s contractor license number shall be indicated on the Bid/Bidder Certification Sheet (Attachment 1). The names of all subcontractors that the bidder intends to utilize and their contractor license number (if applicable) shall be indicated on the Bidder Declaration & Subcontractor/Supplier List (Attachment 4). All bidder and subcontractor contractor licenses shall be in good standing from the time of the bid opening through the term of the contract.

B. The bidder must employ, on permanent staff, at least two (2) personnel that have been trained and certified on testing, maintenance, and repair for Fire Life Safety Systems.

3. Bidders Security

A. Bidders shall submit one (1) of the following forms of bidder security (equal to 10% of the total bid amount) at the time of bid submittal if the total bid amount exceeds $388,000.00.

(1). Bid bond executed by an admitted surety insurer and made payable to the

Authority. Utilize the Bidder’s Bond form in Attachment 7; or

(2). Cash; or

(3). Cashier’s check; or

(4). Certified check.

4. Prevailing Wage

A. In accordance with the provisions of Labor Code Sections 1720, the bidder and their proposed subcontractor(s) shall adhere to the payment of prevailing wages as determined by the California Department of Industrial Relations (DIR). The prevailing wage rate determinations can be downloaded from the DIR’s internet website at:

http://www.dir.ca.gov. Copies of the DIR’s downloadable prevailing wage rate determinations are also on file at Authority Headquarters and are available to any interested party on request. Additional questions regarding prevailing wage determinations shall be referred to the DIR’s Division of Labor Statistics and Research, Prevailing Wage Unit, at: http://www.dir.ca.gov.

B. In the event the bidder’s total bid amount exceeds $25,000.00, the bidder and all subcontractors that the bidder intends to utilize to perform work under the agreement, shall be a registered public works contractor with the DIR. The bidder shall provide proof of DIR registration for the bidder and all subcontractors that the bidder intends to utilize to perform work under the agreement with their bid. All bidder and subcontractor public works contractor registrations with the DIR shall be active from the time of the bid opening through the term of the agreement and shall remain active following the term of the agreement until all certified payroll records in connection with the agreement have been submitted to the DIR Labor Commissioner.

5. Schedule of Events

Event Date Time

(1). IFB available to prospective bidders: July 12, 2024 N/A

(2). Written questions regarding IFB are due by:

(Note: See additional info in Section 6.)

July 17, 2024 12:00 p.m.

(3). Written responses to questions released by: July 22, 2024 5:00 p.m.

(4). Final date for bid submission:

(Note: See additional info in Section 9.)

July 26, 2024 11:00 a.m.

(5). Date of bid opening:

(Note: See additional info in Section 10.)

July 26, 2024 11:00 a.m.

(6). Proposed start date of agreement: August 1, 2024 N/A

6. Written Questions

A. Submit all written questions via email to the contact person indicated on the cover page of this IFB package no later than the date and time specified in Section 5, Schedule of Events. Written responses to IFB questions will be released by the date and time specified in the Schedule of Events and viewable in the online project advertisement in Cal eProcure at: https://caleprocure.ca.gov/pages/index.aspx .

http://www.dir.ca.gov/ https://caleprocure.ca.gov/pages/index.aspx

7. Executive Order N-6-22 – Russia Sanctions

A. On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals.

“Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

8. Executive Order N-12-23 – Generative Artificial Intelligence (GenAI)

A. On September 6, 2023, Governor Gavin Newsom issued Executive Order N-12-23 (the EO) regarding Generative Artificial Intelligence. 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.

B. 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.

C. The State has developed a GenAI Disclosure & Factsheet (STD 1000) to be completed by the Bidder/Offeror.

D. 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.

9. Submission of Bid

A. Bids must be submitted via mail no later than the date and time specified in Section 5, Schedule of Events.

(1). Bids submitted via mail must be enclosed in an envelope or under sealed cover.

The exterior of the envelope or sealed cover must be clearly marked with all of the following information:

a. BIDDER’S NAME

b. BIDDER’S ADDRESS

c. BID PROPOSAL # HSR24-12, DO NOT OPEN UNTIL JULY 26, 2024 AT

11:00 AM, ATTN: KAYLA ENUKA.

https://www.bing.com/ck/a?!&&p=a8c654d458f64172434e1459118a607616d5f98a0656a1f8d60b14a0af6c7b29JmltdHM9MTY1NjAxODM0NSZpZ3VpZD1mZmQwMTExYy00NWIyLTQ3MDMtODg5Mi0yMzk5MjIxMDVjNTEmaW5zaWQ9NTE2NQ&ptn=3&fclid=3fb5cd13-f338-11ec-9401-126f8b8caa1c&u=a1aHR0cHM6Ly93d3cuZ292LmNhLmdvdi93cC1jb250ZW50L3VwbG9hZHMvMjAyMi8wMy8zLjQuMjItUnVzc2lhLVVrcmFpbmUtRXhlY3V0aXZlLU9yZGVyLnBkZg&ntb=1

(2). Bids shall be mailed to the following address:

California High-Speed Rail Authority Contracts and Procurement Branch Attn: Kayla Enuka 770 L Street, Suite 620, MS 7 Sacramento, CA 95814

(3). Mailed bids not enclosed in an envelope or under sealed cover shall be rejected.

B. Bids must be received by the Authority no later than the date and time specified in Section 5, Schedule of Events. Any bid received after the specified due date and time shall remain unopened and will be returned to the bidder.

C. Bids shall include all required bid documents identified in the Required Bid Documents Checklist. Only submit the required bid documents with your bid, not the entire IFB package. In addition, do not submit bid documents within a binder or folder.

Bids not including the required bid documents shall be deemed non-responsive. A non-responsive bid is one that does not meet the bid requirements.

D. All required bid documents submitted must be printed single-sided. Bids that include required bid documents that are printed double-sided shall be deemed non-responsive.

E. All documents requiring a signature must bear an original or electronic signature of a person authorized to bind the bidding firm.

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

G. Costs for developing bids in anticipation of award of the agreement are entirely the responsibility of the bidder and shall not be charged to the Authority.

H. An individual who is authorized to bind the bidding company/firm contractually shall sign the Bid/Bidder Certification Sheet (Attachment 1). The signature must indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected.

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

J. A bidder may withdraw their bid by submitting a written withdrawal request to the Authority, signed by the bidder or an authorized agent. A bidder may thereafter submit a new bid prior to the bid submission deadline. Bids may not be withdrawn without cause subsequent to bid submission deadline.

K. The Authority may modify this IFB prior to the date fixed for submission of bids by the issuance of an addendum.

L. Bidders are cautioned to not rely on the Authority during the evaluation to discover and report to the bidder any defects and errors in the submitted documents. Bidders, before submitting their documents, should carefully proof them for errors and adherence to the IFB requirements.

M. All documents submitted in response to this solicitation will become the property of the State of California and may be subject to the California Public Records Act (Government Code section 7920 et seq.). This includes any contact information within the documents, including that of references. Additionally, to the extent that a bidder believes its bid contains trade secret or proprietary information intended to be confidential, it is the bidder’s responsibility to identify and redact such information. A separate redacted copy of the bid must be submitted along with the original unredacted bid, and it will be the bidder’s responsibility to defend any redactions should a requester dispute them under the Public Records Act. In the absence of a pre-redacted bid, the Authority will treat the entire bid as a public record, except any information the Authority is required to redact under California law.

10. Bid Opening

A. For security reasons, if you plan to attend the public bid opening, you must call the contact person indicated on the cover page of this IFB no less than 24 hours prior to the bid opening date and time so that arrangements can be made for entrance into the Authority building.

B. The bid opening shall be held at: Authority Headquarters 770 L Street, Suite 620, Sacramento, CA 95814. At the sole discretion of the Authority this bid opening may be held virtually.

11. Disposition of Bids

A. All documents submitted in response to this IFB shall become the property of the State of California and shall be regarded as public records under the California Public Records Act (Government Code Section 7920 et seq.). However, the contents of all proposals, draft bids, correspondence, agenda, memoranda, working papers, or any other medium which discloses any aspect of a bidder's bid, shall be held in the strictest confidence until notice of award is released. The content of all working papers and discussions relating to a bid shall be held in confidence indefinitely, unless the public's interest is best served by an item’s disclosure because of its direct pertinence to a decision, agreement, or evaluation of a bid.

12. Evaluation and Selection

A. Each bid shall be checked for the presence or absence of required information in conformance with the submission requirements of this IFB.

B. The Authority shall put each bid through a process of evaluation to determine its responsiveness to the Authority's needs.

C. Pursuant to Public Contract Code section 1103, a bidder may be deemed not responsible, and their bid may be rejected if they have previously been terminated for cause/breach for the same or similar services at the location designated in this IFB.

D. All bids may be rejected whenever the Authority determines that the cost is not reasonable or otherwise in the best interest of the Authority. There is no requirement to award an agreement if, in the opinion of the Authority, no bids were received containing a reasonable contract price or if there is another business-based reason not to make an award.

E. Bids that contain false or misleading statements, or which provide references that do not support an attribute or condition claimed by the bidder, may be rejected. If, in the opinion of the Authority, such information was intended to mislead the Authority in its evaluation of the bid, and the attribute, condition, or capability is a requirement of this IFB, it shall be the basis for rejection of the bid.

F. A bid may be rejected if it is conditional or incomplete. The Authority may reject any or all bids. At the Authority’s sole discretion, it may seek clarification regarding bid documents or information and may waive any immaterial deviation in a bid. The Authority's waiver of immaterial deviation shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the agreement.

The Authority will not waive material deviations in a bid, which include but are not limited to, deviations that affect the total price of the bid, or give a bidder an advantage over other bidders.

G. A bid may be rejected if it contains any alterations of form or other irregularities of any kind. The Authority does not accept alternate contract language from prospective contractors. Bids with such language shall be considered a counter proposal and shall be rejected. The State’s General Terms and Conditions (GTC) are not negotiable. The GTC may be viewed on the internet at: https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language

H. The final selection shall be made on the basis of the lowest responsible responsive bid.

In the event there is a tie, each of the tied bidders shall be contacted by the contact person indicated on the cover page of this IFB regarding a date and time for a flip of a coin. The bidder whose bid was received first shall make the call. Bidders or their authorized representative(s) are allowed to be present for the flip of the coin.

13. Notice of Intent to Award Contract

A. Upon written request by any bidder via email, regular mail, or personal delivery prior to award of the agreement, the Authority shall email bidders and post in a public accessible place, a written notice of intent to award agreement no less than five (5) business days prior to awarding the agreement. All written requests must be submitted to and received by the contact person indicated on the cover page of this IFB prior to award of the agreement.

B. Whenever an agreement is awarded under a procedure which provides for competitive bidding, but the agreement is not to be awarded to the lowest bidder, the Authority shall:

(1). Notify the lowest bidder in writing by email, overnight courier, or personal delivery no less than five (5) business days prior to the award of the agreement.

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

14. Protest

A. If any bidder, prior to the award of the agreement, files an initial protest with the Authority and the Department of General Services (DGS) on the grounds that the protesting bidder is the lowest responsive responsible bidder, the agreement shall not be awarded until either the protest has been withdrawn or DGS has decided the matter.

B. Within five (5) calendar days after filing an initial protest with the Authority and DGS, the protesting bidder shall file a full and complete written statement with the Authority and DGS specifying the grounds for the protest, including: the IFB number, the name of the State agency involved, and the agency contract person.

C. A written protest must be sent by email to DGS, Office of Legal Services (OLS) at OLSProtests@dgs.ca.gov, as well as the Contract Analyst listed on the cover letter of this IFB.

15. Notice of Contract Award

A. The Authority shall email, or mail bidding contractors a written notice of contract award.

16. Standard Conditions of Service

A. Following the release of the written notice of contract award, the Authority shall email, or mail the awarded contractor a prepared contract for signature that includes a cover letter instructing the awarded contractor on how to proceed. The cover letter may request that additional information and/or required documents be provided by the awarded contractor before the agreement can be fully executed.

B. Services shall be available on the expressed date set by the Authority after all approvals have been obtained and the agreement is fully executed.

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

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

17. Required Documents (Awarded Contractor)

A. Prior to approval of the agreement, the awarded contractor shall provide the Authority with all of the following required documents within ten (10) calendar days after the contract has been forwarded to the awarded contractor for signature. If the awarded contractor fails to provide the Authority with all of the following required documents within the above specified number of calendar days after the contract has been forwarded to the awarded contractor for signature, the Authority at its sole discretion may deem the awarded contractor as non-responsive and may rescind the contract award:

mailto:OLSProtests@dgs.ca.gov

(1). Contractor Certification Clauses

a. The awarded contractor shall sign and submit to the Authority, page one

(1) of the Contractor Certification Clauses (CCC 04/2017) which can be found on the Internet at: https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services-Resources-List-Folder/Standard- Contract-Language.

(2). Insurance Requirements

a. The awarded contractor shall provide the Authority with all of the following certificate(s) of insurance (Note: The Authority shall not be responsible for any premiums or assessments on insurance policies):

1. Commercial General Liability

A. Coverage shall provide limits of not less than $1 million per occurrence for bodily injury and property damage liability combined. The policy shall include coverage for liabilities arising out of premises operations, independent contractors, products/completed operations, personal and advertising injury and liability assumed under an insured contract. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the Contractor’s limit of liability.

B. The insurance policy shall include the following additional insured endorsement that shall be supplied under form acceptable to DGS, Office of Risk and Insurance Management (ORIM):

(1). The State of California, its officers, agents and employees are included as additional insured, but only with respect to work performed for the State of California.

2. Automobile Liability

A. By signing this Agreement, the Contractor certifies that the Contractor and any of their employees or subcontractors using a vehicle in the performance of work under this Agreement possesses valid automobile liability coverage in accordance with California Vehicle Code Sections 16450 to 16457, inclusive. The Authority reserves the right to request proof at any time.

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

3. Worker’s Compensation

A. Employer liability limits of not less than $1 million are required if the awarded contractor employs any person, in any manner, that is subject to the Workers Compensation Laws of California. The awarded contractor shall maintain statutory workers compensation and employer’s liability coverage for all of its employees who will be engaged in the performance of the agreement. If the awarded contractor does not employ any person, in any manner, so as to not become subject to the Workers’ Compensation laws of California, the awarded contractor shall contact the Authority Contract Analyst to request a Workers’ Compensation Exemption Certification form. This form shall be completed by the awarded contractor and submitted to the Authority prior to approval of the agreement.

B. The awarded contractor’s workers compensation insurance policy shall be endorsed with a waiver of subrogation in favor of the State of California in the event the awarded contractor employs any person, in any manner, that is subject to the Workers Compensation Laws of California.

(3). Payment Bond

a. Per Public Contract Code Section 7103, the awarded contractor shall provide a payment bond equal to one hundred percent (100%) of the total amount payable under the Agreement if the awarded contractor’s total bid amount exceeds $25,000.00. The payment bond must be printed on Standard Form 807 (STD 807) and must include the Agreement number and the description of work to be performed under the Agreement. The payment bond must be executed by the Contractor and a corporate surety authorized to transact general surety business in the State of California.

(4). Performance Bond

a. The awarded contractor shall provide a performance bond equal to one hundred percent (100%) of the total amount payable under the agreement guaranteeing faithful performance of the work. The performance bond shall be issued by a corporate surety authorized to transact a general surety business in the State of California.

18. Bid Preference(s)

A. The following preferences are applicable to this IFB:

(1). Small Business (SB) or Microbusiness (MB) Preference

a. Government Code section 14835 et seq. requires that a five percent (5%) preference be given to contractors who qualify as a certified SB or MB.

b. To claim the SB preference, your company/firm must have its principal place of business located in California and be certified by the California Department of General Services (DGS). If prospective Contractor is claiming the five percent (5%) SB preference, complete section 14 of Attachment 1 – Bid/Bidder Certification Sheet.

c. This preference shall not be awarded to a noncompliant bidder and shall not be used to achieve any applicable minimum requirements.

d. A certified SB bidder(s) shall have precedence over non-SB bidder(s) in the application of the SB preference.

e. SB Preference information can be found at the following internet web site:

https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro- Accordion-List/OSDS/OSDS?search=OSDS.

(2). Non-Small Business (Non-SB) Preference

a. Non-SB preference information can be found at the following internet web site: http://www.dgs.ca.gov (Note: Non-SB Preference cannot displace a direct award to a California certified Small Business or a California certified Micro Business).

(3). Target Area Contract Preference Act (TACPA) (Only applicable if the lowest bid received exceeds $100,000.00.)

a. TACPA preference information can be found at the following internet web site: http://www.dgs.ca.gov (Note: Only California certified Small Business bidders and California certified Micro Business bidders can use a TACPA preference to displace another California certified Small Business bidder or California certified Micro Business bidder).

19. Bid Incentive(s)

A. The following incentive is applicable to this IFB:

(1). Disabled Veteran Business Enterprise (DVBE) Participation Incentive

a. Per Military and Veterans Code section 999.5 and Title 2 CCR 1896.98 and incentive between one percent (1%) and three percent (3%) is included in this solicitation. The DVBE incentive will be applied during the evaluation process for responsive bids offering DVBE participation.

b. If prospective Contractor is claiming the three percent (3%) preference, complete section 14 Attachment 1 – Bid/Bidder Certification Sheet.

c. See Attachment 7 for DVBE Participation Incentive information (Note:

DVBE Participation Incentive cannot displace a direct award to a California certified Small Business or a California certified Micro Business).

https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/OSDS/OSDS?search=OSDS https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/OSDS/OSDS?search=OSDS

DO NOT COMPLETE OR SUBMIT WITH YOUR BID!

SAMPLE

EXHIBIT A

BACKGROUND AND PURPOSE

1. The California High-Speed Rail Authority is responsible for planning, designing, building, and operating the first high-speed rail system in the nation. The California high-speed rail system will connect the mega-regions of the State, contribute to economic development and a cleaner environment, create jobs, and preserve agricultural and protected lands. When it is completed, trains will run from San Francisco to the Los Angeles basin in under three hours at speeds capable of over 200 miles per hour. The high-speed rail system will eventually extend to Sacramento and San Diego, totaling 800 miles with up to 24 stations. In addition, the Authority is working with regional partners to implement a statewide rail modernization plan that will invest billions of dollars in local and regional rail lines to meet the State’s 21st century transportation needs.

2. The California High-Speed Rail Authority may enter into agreements with private and public entities for design, construction, and operation of high-speed rail trains, including all tasks and segments thereof pursuant to California Public Utilities Code section 185036. Additional authority for a State agency to enter into this Agreement (Agreement) includes Public Contract Code section 10335, et seq.

3. This Agreement is between the California High-Speed Rail Authority (Authority and/or State), an agency of the State of California, and [Contractor Name] a [form of entity] (Contractor). The Authority and Contractor are collectively referred to herein as the “Parties,” or individually as “Party.” The purpose of this Agreement is for the Contractor to provide services, as described in this Exhibit A, to the Authority.

4. All inquiries during the term of this Agreement will be directed to the Contract Managers identified below:

AUTHORITY CONTRACTOR

Contract Manager (ACM): TBD Task Manager (ATM): TBD Contract Manager: TBD Address: TBD

Phone: TBD Phone: TBD Phone: TBD Email: TBD Email: TBD Email: TBD

The Contract Managers may be changed without amendment as specified in Exhibit D, Section 2 of this Agreement.

5. Communication regarding emergency response services shall be directed to the following law enforcement agency:

California Highway Patrol (CHP)

Phone: TBD

SCOPE OF WORK

1. Contractor’s Full Business Name (to be completed by the Authority), hereinafter referred to as the Contractor, agrees to provide the California High-Speed Rail Authority (Authority) all labor (including indirect and administrative costs for all personnel), materials, tools, equipment, travel, and supervision necessary to perform inspections, service tests, equipment certifications, installations, equipment replacements and related reporting for the Fire Alarm Suppression Systems and Fire Sprinkler Systems at the Authority properties described herein below, for the term of this Agreement. The Contractor is responsible for field verifying all dimensions and existing site conditions pertinent to this Agreement.

2. The services shall be performed at the following seven (7) locations below and will be referred to collectively herein as “Authority Property.” A full list of equipment for each Authority Property can be further detailed in Exhibit G, Equipment by Building.

A. 5661 North Golden State Blvd., Fresno, CA 93722 (Two [2] Units)

B. 5631 North Golden State Blvd., Fresno, CA 93722 (Four [4] Units)

C. 5599 / 5595 / 5591 / 5581 North Golden State Blvd., Fresno, CA 93722

D. 4741 West Shaw Ave., Fresno, CA 93722 (Two [2] Units)

E. 4727 West Shaw Ave., Fresno, CA 93722 (Two [2] Units)

F. 4753 West Shaw Ave., Fresno, CA 93722 (Two [2] Units)

G. 1548 Tulare St., Fresno, CA 93706

3. Commencement of Work

A. The Contractor shall commence work under this Agreement on the specified start date provided by the Authority Contract Manager following the execution of this Agreement by the State. The Authority Contract Manager shall provide the Contractor with written notification of the start date prior to the Contractor commencing work under this Agreement.

4. Detailed description of work to be performed and duties of all parties:

A. Summary of Work

(1). The Contractor shall conduct Fire Alarm System and Fire Sprinkler System annual inspections, equipment installation, repairs to fix any deficiencies to existing fire system, monthly fire pump testing, annual backflow assembly testing, 90-min burn test for exit signs, as-needed battery replacement, and annual service tests. If deemed necessary, the Contractor shall take necessary corrective action/s, so that the improvement is connected to the Fire Alarm System and/or Fire Sprinkler System per Office of State Fire Marshal mandates.

(2). The Authority Contract Manager will provide access to all areas requiring the Contractor access.

(3). The Contractor shall maintain the details of all system components at the Authority Property including, but not limited to, system type, panel location, panel make and model, and any and all codes required to leave the system in the “as is” state. Codes referenced herein include, but are not limited to, dealer code, installer code, access code, and/or account number. In the event any codes or system component details referred to in this Section 3, Subsection A (3) of this Exhibit A, changes, or within twenty-four (24) hours of the Authority’s request, the new codes or system component details shall be immediately provided in Excel format to the Authority Contract Manager.

5. The services shall be performed during the hours and days specified below unless prior approval is obtained from the Authority Contract Manager. All work dates and times must be approved by the Authority Contract Manager before work is performed.

A. As-Needed Scheduled Inspection, Certification, and Preventative Maintenance

Services

(1) Inspection, certification, and preventative maintenance services shall occur during regular Authority business hours from Monday through Friday, between 7:00 a.m. and 5:00 p.m.

(2) Should any of the systems be activated, the Contractor shall immediately contact and alert the current specified law enforcement agency. The Authority will provide the contact information for applicable law enforcement agencies at the onset of this Agreement and may update the contact information from time to time. In addition, the Contractor shall immediately call the applicable Authority Property to verify the activation. Should the applicable Authority Property be unoccupied, the Contractor shall immediately contact the Authority Contract Manager.

(3) Should any of the systems go into a battery back-up mode, the Contractor shall immediately contact the Authority Contract Manager via email and follow-up phone call.

(4) The Contractor shall provide the Authority Contract Manager with a report detailing the cause of any false alarms via email and follow-up phone call within twenty-four (24) hours of the false alarm.

(5) Any charges or fines assessed to the Authority or Authority Property due to false alarms as a result of the Contractor’s error or lack of preventative maintenance to the system shall be paid by the Contractor.

B. Unanticipated Maintenance, Service, and Repair Work

(1) Unanticipated maintenance and repair services shall occur during regular Authority business hours, Monday through Friday, between 7:00 a.m. and 5:00 p.m.

(2) Emergency maintenance and repair services may occur outside of regular Authority business hours, Monday through Friday, between 6:00 p.m. and 6:00 a.m., and Saturdays and Sundays between 6:00 a.m. and 6:00 p.m., including State holidays as identified in the California Department of Human Resources (CalHR) internet website: https://www.calhr.ca.gov/employees/pages/state-holidays.aspx

(3) The Contractor shall provide emergency on-site response within two (2) hours of the Authority providing notice of the requested services. The Contractor shall complete non-emergency repair work within a reasonable timeframe and as directed by the Authority Contract Manager. The Authority Contract manager, within their sole discretion, shall determine whether the maintenance and repair services are an emergency or non- emergency. The Contractor shall be responsible for seeking clarification in writing from the Authority Contract Manager on whether the maintenance and repair services are an emergency or non-emergency; provided, however, an undefined request for services and will require an on-site response within two (2) hours of the Authority providing notice of the requested services.

(4) Except as provided herein, the Authority shall not be responsible for purchasing any parts. The Contractor may recommend the replacement of specific parts to the Authority Contract Manager. In the event the Authority Contract Manager determines that the replacement parts are needed, the Authority Contract Manager may purchase the replacement parts from the Contractor at cost, or another vendor, as applicable. The Contractor shall be responsible for the installation of any replacement parts. The Contractor shall not install any replacement parts while performing regular scheduled inspections and service tests without prior written approval from the Authority Contract Manager.

6. Fire Alarm System Inspections and Service Tests (NFPA 72)

A. Panel Component Service Test

(1) The Contractor shall comply with all National Fire Protection Association

(NFPA) guidelines and manufacturer’s recommendations. All panel components shall be tested and documented for proper function, which includes all applicable input and output voltage readings, proper grounding, LED and lamp test, and all alarm and trouble circuits.

(2) For hardwired systems, all devices shall be logged for proper zone verification. For addressable systems, all addressable devices shall be logged for proper address verification. Batteries shall be checked for age and shall be load tested to ensure proper charging and adequate power capacity.

(3) All auxiliary components (including but not limited to interfaces for elevator recall, smoke dampers, and central station monitoring dialers or communicators) shall be tested and documented for proper functioning.

https://www.calhr.ca.gov/employees/pages/state-holidays.aspx

(4) Battery back-up power, at each of the control panels, shall be tested for automatic switch over and trouble signaling.

(5) The Contractor shall contact the Authority Contract Manager prior to testing and upon completion of any work by the Contractor.

7. Annual Fire Sprinkler Inspection/ 5-year Fire Sprinkler Inspection and Service Test

A. All manual pull-stations shall be functionally tested.

B. All detection devices shall be tested per manufacturer’s specifications.

C. All audible and visual alarm indicators shall be tested and verified for proper operation.

D. Remote annunciators shall be tested for proper signaling and zone identification.

E. All applicable auxiliary contact operated devices, such as door holders and elevator capture function, shall be tested and operation verified.

8. Annual Backflow Assembly Testing

9. Monthly Axillary Fire Pump Testing

10. Annual 90-Min. Battery Load (Burn) Testing

11. Annual Fire Extinguisher testing

A. Annual Inspection and Service Test

(1) Make a thorough visual inspection of all system components, to include checking the riser and distribution piping for mechanical damage, loose bracing or hangers, leaks, and proper function in accordance with the manufacturer’s specifications and proper lubricants as required to maintain a smooth and fully functioning system. Sprinklers shall be free of corrosion, foreign material, paint, and physical damage.

(2) This inspection includes the following components:

a. Fire pump and test header.

b. Hydraulic nameplate.

c. Hanger/seismic bracing.

d. Piping and fittings.

e. Sprinklers.

f. Spare sprinklers.

g. Fire department connections.

h. Valves and pressure gauges (all types).

i. Electrical, tamper switches and connections, gauges, all reporting devices and water flow alarms.

j. All drains.

(3) Sprinkler heads shall be checked for mechanical damage, leaks, corrosion, obstruction and any other factors which may have an effect on performance.

(4) A full flow test through the system main drain shall be performed, and static and residual pressure shall be properly recorded. This test shall ensure retard chambers and water flow audible devices are properly functioning.

(5) The position of all control valves and tamper switches shall be verified for proper positioning and operation.

12. Supervisory Signal

A. Within two (2) hours of receiving a notice of a supervisory signal (low battery), the

Contractor shall notify the Authority Contract Manager, by email and follow-up phone call.

13. Reporting

A. Within seven (7) calendar days of completing any regularly scheduled inspections and/or service tests, the Contractor shall provide (1) a complete and detailed report for each of the buildings identified; (2) provide documentation for inspections that include exact physical locations of all individual devices as well as zone and address locations with test results; and (3) provide all applicable control panel voltages, test results of all applicable auxiliary functions, names of technicians performing services, and any recommended repairs with cost estimates. The Contractor shall provide a report submittal for the Authority Contract Manager’s review and will make any alterations requested by the Authority Contract Manager within a reasonable time.

B. The Contractor’s employees, equipment, and building materials shall be restricted to the immediate area serviced for maintenance and repair.

14. Technicians

A. All service technicians shall be factory trained and certified to work on the equipment installed at all Authority Property. Certifications of each technician shall be verified by the Authority Contract Manager.

B. All field technicians shall be factory trained and authorized by the manufacturer to make any system program changes or system diagnostics. Manufacturer authorization shall be verified by the Authority Contract Manager. Field technicians shall be equipped with factory issued software and laptops that allow on-site program changes or system diagnostics.

15. Waste Disposal

A. All waste material created, as a result of the services performed, shall be removed and properly disposed of on a daily basis. Broken and replaced electronic controls and devices shall be turned over to the Authority for proper disposal through means of a State “green” waste program. The Contractor shall properly package and identify electronic controls and devices being turned over to the Authority for disposal.

16. Discrepancies

A. Should there arise any error, discrepancy, or doubt as to the intent and purpose of

Exhibit A, Scope of Work, the Contractor shall immediately refer to the Authority Contract Manager for further instructions before proceeding with the work affected.

Applicable building codes shall have precedence over any discrepancies.

17. Correction of Work

A. Before any payment, the Contractor shall promptly correct any work that does not comply with the requirements of this Agreement, as determined by the Authority Contract Manager, at no cost to the Authority. The Contractor shall bear all expenses involved in repairing any damages or destruction caused by any subcontractors involved in this project.

18. Safety

A. The Contractor shall be responsible for providing safety barriers, signs, and any necessary controls to protect all persons and the Authority’s property.

19. Documentation

A. All accessible components and devices shall be logged for:

(1) Location address verification of each device tested, including system address or zone location.

(2) Test results and applicable voltage readings.

(3) Any discrepancies found shall be noted individually and on a separate summary page.

(4) Inspection reports shall be filled out and shall indicate the condition of the system at the time of the inspection and shall include all pertinent test data.

(5) All systems shall be properly tagged at the conclusion of each inspection with approved tags noting the date and technician performing the inspection.

(6) Documentation shall be provided to the Authority Contract Manager at the end of the Agreement. The Contractor shall keep copies on file for five (5) years.

20. Warranty

A. Maintenance: Any fire monitoring and notification systems added by the Authority shall be maintained by the Contractor. The Contractor shall take precautions to not void factory warranties by work performed under this Agreement. The Contractor shall be liable for voiding any factory warranties.

B. Repairs: The Contractor shall warrant all repairs against any defects or workmanship as prescribed by the manufacturer. The term of the warranty shall be one (1) year or as prescribed by the manufacturer.

C. The recommendations that are made and/or observations during the inspection are not to be considered an engineering review.

21. Uniform Clothing

A. The Contractor shall require all employees, including supervisors, to wear distinctive uniform clothing while performing services under this Agreement. The Contractor shall assure that every employee and supervisor is in uniform when on-site at an Authority Property. Uniform clothing shall clearly identify the Contractor’s name in a manner that is easily identifiable via a permanently affixed badge or monogram.

22. Notice to Proceed

A. The Authority will issue a Notice to Proceed (NTP) to the Contractor to commence work after the execution of the Agreement by both Parties. No Work shall be initiated by the Contractor prior to execution of the Agreement and the NTP has been provided by the Authority Contract Manager.

23. Contract Transition

A. The first thirty (30) days and last thirty (30) days of this Agreement term are hereby identified as “Contract Transition” for transitioning the performance of services under existing agreements to new agreements with different vendors (when applicable) to prevent service interruptions.

B. Transition In Phase

(1) The first thirty (30) days of this Agreement term is hereby identified as the “Transition In” phase. During this phase, the current contractor shall assist in the transition of services required under this Agreement to the new incoming Contractor, when applicable.

a. The Contractor shall submit a transition schedule to the Authority Contract

Manager within the two (2) business days of the contract start date. The transition schedule shall include proposed date for installation, the toll-free number through which the alarm(s) will be monitored and panel model to ensure the transition is completed by the end of the transition period. The transition schedule must be approved by the Authority Contract Manager.

1. The Contractor shall obtain emergency contact information from the

Authority Contract Manager at the initial on-site visit.

(2) Once all work is completed for the transition visit, the Contractor shall obtain signature from the Authority Contract Manager on a work order detailing the work, in order to verify the Transition In Phase was completed.

C. Transition Out Phase

(1) The last thirty (30) days of this Agreement term are hereby identified as the

“Transition Out” phase. During this phase, the Contractor shall assist in the transition of services required under this Agreement to the new incoming contractor, when applicable.

a. The Contractor shall provide a copy of the Authority Property panel type, number of billable signals, panel phone number, and any and all codes required to transition the system such as, but is not limited to, dealer code, installer code, access code, and/or account number to the Authority Contract Manager in the form of an Excel spreadsheet, no later than thirty

(30) days to the end date of this Agreement.

b. The Contractor shall assist the Authority and the new contractor during the “Transition In” phase by providing all codes required to support the transition of the system, such as, but is not limited to, dealer codes, installer codes, access codes, and/or account numbers, as well as unrestricted programming access into the panel during normal Authority business hours to panels for reprogramming purposes. Normal Authority business hours are 8:00AM to 5:00PM, Monday through Friday, except state holidays as indicated in the following website:

c. The Contractor shall continue to provide services to the Authority Property under this Agreement until the transition has been successfully completed or the contract expires, whichever occurs first.

d. All services shall be fully transitioned to the incoming…