IFB_6000001995.pdf

Invitation for Bid Bid No. 6000001995

STATE OF CALIFORNIA

DEPARTMENT OF CORRECTIONS

AND REHABILITATION

INVITATION FOR BID

BID NO. 6000001995

Date: March 3, 2016

The California Department of Corrections and Rehabilitation (CDCR), California State Prison, Los Angeles County, hereafter referred to as the State, is inviting responses to this Invitation For Bid (IFB) entitled Replace Existing Double Containment Steam and Condensate Lines.

In accordance with the California Government Code and Americans with Disabilities Act, this IFB is available in a text-only format on a compact disc as a disability-related reasonable accommodation.

To discuss how to receive a copy of this IFB in the specified format or to request a different format, please contact the person identified below.

This IFB package contains the following documents (except as otherwise indicated). Please note that you must comply with the requirements contained in all of these documents.

Notice to Prospective Bidders

Bidder Acknowledgment/Certification (OBS 300)

Public Works Bid Submittal Checklist

Sample Standard Agreement (STD 213)

Scope of Work (Exhibit A)

Budget Details and Payment Provisions (Exhibit B)

Public Works Rate Sheet (Exhibit B-1)

General Terms and Conditions (Exhibit C) This document is incorporated in this bid package by reference only and is available on the Internet at http://www.documents.dgs.ca.gov/ols/GTC-610.doc .

If you do not have Internet access, you may request a hard copy of Exhibit C by contacting the contract analyst listed below.

http://www.documents.dgs.ca.gov/ols/GTC-610.doc

Invitation for Bid Bid No. 6000001995

Special Terms and Conditions for Public Works (Exhibit D)

Prison Rape Elimination Policy-Volunteer/Contractor Information Sheet (Exhibit E)

Standard Contractor Certification Clauses (CCC)

Non-Collusion Affidavit (CDCR 1240)

CDCR Additional Certification Clauses (OBS1200)

Payee Data Record (STD 204)

Supplemental Payee Data Record Form

Non-Small Business Preference Request and Subcontractor Acknowledgement

(OBS 555)

Sample Certificate of Insurance

California DVBE Program Requirements – Not for Goods and Information

Technology

Bidder Declaration (GSPD-05-105)

DVBE Declarations (STD 843)

DVBE Bid Incentive Request and Acknowledgement (OBS 554)

Sample Payment Bond

NOTE: If your bid exceeds $15,000, failure to submit the completed DVBE worksheets with your bid proposal will result in automatic rejection of your bid.

It is the opinion of the State that this IFB is complete and without need of explanation. However, if any documents are missing, or if you have any questions regarding this IFB, immediately contact the person identified below.

Marie Bevilaqua

(916) 255-5658

Marie.Bevilaqua@cdcr.ca.gov California Relay Service 1-800-735-2929

Notice to Prospective Bidders Bid No. 6000001995

THE STATE OF CALIFORNIA

Department of Corrections and Rehabilitation

NOTICE TO PROSPECTIVE BIDDERS

REPLACE EXISTING DOUBLE CONTAINMENT STEAM AND CONDENSATE LINES

Bid No. 6000001995

I. PROJECTED TIMETABLE

The following dates are set forth for informational and planning purposes only and are subject to change.

IFB Available to Prospective Bidders March 3, 2016

Notification of Intent to Participate 5:00 p.m. on March 11, 2016 in Bidders’ Mandatory Walk-Through

Bidders’ Mandatory Walk-Through 11:00 a.m. on March 29, 2016 (additional information provided below)

Letters of Inquiry 1:00 p.m. on April 4, 2016

Submission of Bid/Public Bid Opening 2:00 p.m. on April 14, 2016

Anticipated Date for Commencement of Services Issuance of the Official Notice To Proceed

Termination of Agreement Within 120-Calendar Days of NTP

II. FUNDING

The State estimates for this Agreement is $140,217.00.

III. BIDDER QUALIFICATIONS AND LICENSING REQUIREMENTS

Bidder qualifications and licensing requirements (if any) are specified in Exhibit A. Unless otherwise stated, the bidder shall meet all qualifications and licensing requirements at the time of the bid opening.

IV. PROHIBITION ON TAX DELINQUENTS

Persons or companies identified as the largest tax delinquents by the Franchise Tax Board (FTB) or the Board of Equalization (BOE) under authority of Sections 7063 or 19195 of the Revenue and Taxation Code, shall be disqualified from the bidding process.

Pursuant to PCC §10295.4, contracts are void and unenforceable if a Contractor is included on tax delinquency lists.

(a) Notwithstanding any other law, a state agency shall not enter into any contract for the acquisition of goods or services with a contractor whose name appears on either list of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the Revenue and Taxation Code. Any contract entered into in violation of this subdivision is void and unenforceable.

(b) This section shall apply to any contract executed on or after July 1, 2012.

V. BIDDER RESPONSIBILITIES & THE BID PACKAGE

Bidders are solely responsible for understanding the scope of work and all requirements, terms, conditions, evaluation criteria, etc., before submitting a bid. If the language is unclear or ambiguous, it is the bidder’s responsibility to request clarification or assistance before submitting a bid. Please note that no verbal information will be binding upon the State unless the State issues such information in writing as an official addendum. If the IFB is modified prior to the final bid submission date, the State will issue an addendum to all bidders that received a bid package.

A lump sum total for all services stated herein must be entered on Exhibit B-1 Rate Sheet. Bidder shall set forth rates in clear, legible figures in the spaces provided in Exhibit B-1. Failure to provide the required lump sum total shall be cause for rejection of your bid.

All required documents listed in the Bid Submittal Checklist must be included within the sealed bid package. No bid will be considered unless it is submitted with the CDCR Bidder Acknowledgement/Certification form (OBS 300) and Exhibit B-1 Rate Sheet and is in conformance with the submission requirements of this IFB. Additionally, an original, signed copy of all pages of the Contractor Certification Clause (CCC) must be submitted to CDCR with the completed bid package. The State reserves the right to request clarification of any documents included with this bid.

The bid must be for the entire activity described herein. The State does not accept alternate contract language from a prospective Contractor. A bid with such language will be considered a counter proposal and will be rejected. Additionally, bids may be rejected if the bid proposal shows any alterations of form, additions not called for, a conditioned or incomplete bid, or erasures and/or irregularities of any kind. Any bid amounts changed after the amounts are originally inserted MUST be initialed in ink by the bidder.

Failure to submit required documentation may result in the rejection of your bid.

VI. BID SUBMITTAL

Sealed bids must be received no later than the time and date specified in the Projected Timetable (Section I of these instructions) at the designated address stated below.

MAIL DELIVERY,

HAND DELIVERY, or

OVERNIGHT MAIL:

California Department of Corrections and Rehabilitation Office of Business Services, Contracts Management Branch Attention: Marie Bevilaqua 9838 Old Placerville Road, Suite B-2 Sacramento, CA 95827

Any bid received at the above address after the Submission of Bid date and time specified in the Projected Timetable, Section I, will NOT be considered. It is the State's policy to make every effort to ensure that all bids have been received and properly time stamped; however, bidders are ultimately responsible for ensuring timely receipt of their bid. Bidders may verify receipt of their bid by contacting the person identified in the cover letter of this IFB prior to the Public Bid Opening.

Bids that are not properly marked may be disregarded. All completed bids and required documents shall be packaged and submitted in a sealed envelope to the address specified in the section entitled “Bid Submission Requirements”. The sealed envelope must be clearly marked "BID FOR REPLACE EXISTING DOUBLE CONTAINMENT

STEAM AND CONDENSATE LINES CALIFORNIA STATE PRISON, LOS ANGELES

COUNTY - BID NO. 6000001995 ATTENTION: MARIE BEVILAQUA - DO NOT OPEN."

Failure to do so may result in the premature opening of, or failure to open, your bid.

In submitting a bid, the bidder accepts the terms and conditions expressed herein. Costs incurred for developing bids and in anticipation of award of the Agreement are the responsibility of the bidder and shall not be charged to the State.

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

A bid may be withdrawn from consideration by submitting a written withdrawal request to the State, signed by the bidder or an authorized agent. Once opened by the State, the submitted bid is binding and may not be withdrawn without cause.

All documents submitted in response to this IFB will become the property of the State and will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and subject to review by the public.

VII. LETTERS OF INQUIRY

The purpose of these letters is to provide bidders the opportunity to ask questions and/or provide feedback to CDCR on the specifics of the IFB and/or DVBE requirements. While some input may be incorporated into the IFB, remarks and explanations submitted may not necessarily change provisions of the IFB. Any modifications to the IFB as a result of these inquiries will be documented by an addendum and forwarded to all bidders.

Prior to the Mandatory Bidders’ Walk-Through, it is requested that any inquiries related to the specifics of the IFB and/or DVBE requirements, if applicable, be submitted in writing to allow CDCR time to research and prepare a response. Bidders will still, however, have the opportunity to ask questions at the Mandatory Bidders’ Walk-Through. Submit your letter of inquiry by date/time specified in the Projected Timetable, Section I, directly to Marie Bevilaqua, Contract Analyst, Contracts Management Branch, by any of the following:

Mail: 9838 Old Placerville Road, Suite B-2 Sacramento, CA 95827

FAX: (916) 255-6187

E-mail: Marie.Bevilaqua@cdcr.ca.gov

Inquiries received after this date will only be addressed at CDCR’s discretion.

VIII. BIDDERS’ MANDATORY WALK-THROUGH

Notification of Intent to Participate in Bidders’ Walk-Through

Bidders and/or their representative(s) planning to attend the Mandatory Bidders’ Walk-Through held on institution grounds must provide their driver's license or DMV identification card number, date of birth, and complete name to secure a Gate Clearance for admittance. Please contact Mac Mimaki, Chief Engineer at (661) 729-2000 ext.

7307 or Mac.Mimaki@cdcr.ca.gov by the date specified in the Projected Timetable, Section I, to arrange for your participation in the mandatory bidders’ conference.

Any interested bidder or bidder’s representative who requires reasonable accommodation to participate in the Mandatory Bidders’ Walk-Through must contact the contract analyst identified in this package two (2) weeks before the scheduled Mandatory Bidders’ Walk- Through to identify what reasonable accommodation(s) is required.

At the time of attendance at the Bidders’ Mandatory Walk-Through, bidders and/or their representatives will be required to bring their driver’s license or state DMV identification card to be admitted onto institution grounds.

NOTE: Bidders and/or their representatives will not be admitted onto institution grounds unless professionally and appropriately dressed in clothing distinct from that worn by inmates at the institution. Specifically, blue denim pants and blue chambray shirts, orange/red/yellow/white/chartreuse clothing and/or yellow rainwear shall not be worn onto institution grounds. Contractors should contact the institution regarding clothing restrictions before any planned visit(s) to the institution to ensure the Contractor and/or their representatives are in compliance.

Additionally, electronic and communication devices such as pagers, cell phones, cameras/micro-cameras, and/or sound recording devices are not permitted on institution grounds and must be left in the bidder’s and/or their representative’s locked vehicle.

Mandatory Bidders’ Walk-Through

NOTE: PARTICIPATION IN THE WALK-THROUGH IS MANDATORY. ANY BIDDER

INTENDING TO SUBMIT A BID MUST EITHER ATTEND OR SEND A

REPRESENTATIVE TO THE WALK-THROUGH. FAILURE TO ATTEND OR PROVIDE

REPRESENTATION WILL RESULT IN THE BIDDER'S ELIMINATION FROM THE

BIDDING PROCESS.

The Mandatory Bidders’ Walk-Through will be held at California State Prison, Los Angeles County located at 44750 60th Street West, Lancaster, CA 93636 on the date and time specified in the Projected Timetable, Section I. The purpose of this walk-through is to provide bidders an opportunity to examine the work site before bidding in order to have full knowledge of the area(s) and/or specific equipment affecting the work that may not be specifically described herein.

Specific questions during the walk-through should be limited to the work site. Actual questions regarding the Scope of Work and Terms and Conditions of the IFB should be directed to the contact person identified in the cover letter of this IFB.

IX. PUBLIC BID OPENING

If you are planning to attend the public bid opening, you must notify the contact person listed in the cover letter of this IFB three (3) working days before the bid opening date specified in Projected Timetable, Section I. If you and/or your representative require reasonable accommodation to participate in the Public Bid Opening, you must contact the contract analyst identified in this package and identify what reasonable accommodation(s) is required for you to participate.

At the time of the public bid opening, the dollar amount of each bid shall be read. The contract award is subject to a complete review of the entire bid proposal for compliance and adherence to the IFB requirements, verification of all calculations and claimed preferences, and compliance with DVBE Mandatory participation requirements, if applicable.

X. NONRESPONSIBLE BIDDER

Any Contractor who has been terminated from an Agreement by the State within the last two (2) fiscal years due to poor performance may be rejected on the basis of nonresponsibility.

XI. BASIS FOR AWARD

The award of an Agreement, if it is to be awarded, will be made to the lowest responsible bidder whose bid complies with all requirements prescribed herein. In the event a bidder submits more than one (1) bid for the same institution/service under this bid process, the State shall select the lowest bid and reject all other bids from this bidder.

In the event of tie bids, except as provided in Government Code §14838(f), CDCR reserves the right to determine the bidder entitled to the contract award based on the percent of discount specified in Exhibit B-1, if applicable. If not applicable or if there is a discount tie, a coin toss or lot drawing will be used to determine the bidder entitled to the contract award. The coin toss or lot drawing will be officially witnessed and all affected bidders will be advised of the tiebreaker method and invited to attend.

The State is not required to award an Agreement and reserves the right to reject any and all bids and to waive any immaterial deviations in the bid. The State’s waiver of an immaterial deviation shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the Agreement.

XII. GENERAL PREVAILING RATE OF WAGES

In accordance with the provisions of Section 1774 of the California Labor Code, the Contractor and any subcontractors shall conform to the general prevailing rate of wages as determined by the Director of the Department of Industrial Relations. Copies of the wage rate determinations or any amendments thereto issued by the Director of the Department of Industrial Relations are on file with CDCR.

XIII. PUBLIC WORKS CONTRACTOR REGISTRATION PROGRAM

The California Legislature has imposed a new registration requirement for contractors and subcontractors involved with public works projects. Senate Bill 854, passed in late

June 2014, implemented a new registration program to fund the Department of Industrial Relations’ (DIR) monitoring and enforcement of prevailing wage laws.

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

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

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

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

(A) At least monthly or more frequently if specified in the contract with the awarding body.

(B) In a format prescribed by the Labor Commissioner.

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

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

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

(7) The contractor shall submit proof of registration with DIR to CDCR with bid proposal. The contractor shall be responsible to ensure all subcontractors are registered with DIR.

XIV. AGREEMENT EXECUTION

The Agreement will be executed only upon the State's acceptance of the Contractor's certificates of insurance, bonds, licenses, and permits, when such items are required.

Should the Contractor fail to commence work at the agreed-upon date and time, the State, upon five (5) days written notice to the Contractor, reserves the right to terminate the Agreement.

The successful bidder shall enter into an Agreement with the State, which will be prepared on a State of California Standard Agreement (STD 213 form, sample attached) and shall include from this IFB Exhibits A, B, B-1, C, D, and E.

This Agreement will not include a hard copy of the General Terms and Conditions for Private Contractors (Exhibit C), which is incorporated into the Agreement by reference only on the STD 213. Also not provided is a hard copy of the Contractor Certification Clauses (CCC). Exhibit C and the CCC may be downloaded from the Internet at www.ols.dgs.ca.gov/standard+language and printed for your files. An original, signed copy of all pages of the CCC must be submitted to CDCR. Failure to submit a signed CCC may result in rejection of your bid.

After award, two (2) original Standard Agreements will be forwarded to the Contractor for signature. Upon receipt, the Contractor must sign each Agreement with an original signature and return all Agreements with any required documentation in accordance with the time frame specified in the transmittal letter. In the event the State has not received the signed Agreements and the required documentation within the specified time frame, the award may be rescinded and awarded to the next lowest responsible bidder.

This Agreement is not valid unless and until approved by the Department of General Services, or, under its authority CDCR. The State has no legal obligation unless and until the Agreement is approved. Any work commenced by the Contractor prior to approval may be considered voluntary and the Contractor may have to pursue claim for payment by filing with the California Victim Compensation and Government Claims Board. When the Agreement is fully approved, a copy will be forwarded to you.

XV. EXTENSION OF TERM

This Agreement may be amended to extend the term, if it is determined to be in the best interest of the State. Upon signing the amendment, Contractor hereby agrees to provide services for the extended period at the rates specified in the original Agreement.

XVI. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PROGRAM

NOTE: Bidders need to begin the required DVBE participation process as soon as possible to allow adequate response time for DVBE participants.

a. DVBE participation of no less than 3 percent is mandatory for all bids exceeding

$15,000. These requirements apply whether conducting business as a for-profit or nonprofit individual, partnership or corporation. In order to be deemed responsive and eligible for award of the Agreement, the bidder must attain the prescribed goals.

For more information, bidders have been provided with a DVBE Program Requirements resource packet. Additionally, to document DVBE participation, bidders must complete and return the Bidder Declaration form (GSPD-05-105) and the DVBE Declarations form (STD 843) attached to this IFB. Failure to complete and submit all required forms with the bid, that fully document and meet the DVBE requirement, will cause the bid to be rejected.

b. The DVBE participation goals must be based on the total amount of the bid proposal.

c. Failure to submit the completed worksheets with the bid proposal will result in automatic rejection of your bid. Your bid will also be rejected if the DVBE requirement is not met.

d. Proof of Department of General Services (DGS) DVBE certification for your firm and/or subcontractors must be submitted with your DVBE Participation Worksheets.

e. CDCR’s contact for this bid is:

Marie Bevilaqua, Contract Analyst

(916) 255-5658

Marie.Bevilaqua@cdcr.ca.gov California Relay Service 1-800-735-2929

XVII. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) INCENTIVE

CDCR is committed to meeting and exceeding the 3 percent goal for Disabled Veteran Business Enterprise (DVBE) participation in State contracting activities, set forth in Military and Veterans Code 999. The DVBE Incentive Program applies to all contracting activities for services including public works, construction, services, leasing, materials testing, and other related contracts. The DVBE incentive is applied during the evaluation process and is only applied to responsive bids from responsible bidders proposing DVBE participation. This incentive is for bid computation only.

To be eligible for the DVBE incentive, the business must:

1. Complete DVBE Incentive Request and Subcontractor Acknowledgement form

(OBS 554) and submit with bid proposal.

2. Have a completed DVBE application on file with DGS, OSDS by 5:00 p.m. on the date bids are due.

For certification and preference approval process information, contact the DGS OSDS by telephone at (916) 375-4940 or access the DGS OSDS Internet website at http://www.pd.dgs.ca.gov/dvbe/default.htm

Award Based on Low Price The incentive shall be equal to a bidder’s DVBE participation level (rounded to the nearest two decimal places).

DVBE PARTICIPATION LEVEL INCENTIVE APPLIED

3.0 UP TO 3.99% 3%

4.0 UP TO 4.99% 4%

5.0 UP TO 5.99% 5%

1. The incentive is subject to a minimum of three percent (3%) and a maximum of five percent (5%) and will not exceed $500,000. Bids with DVBE participation of more than five (5%) percent will be calculated with a five percent (5%) incentive.

2. Bidders with DVBE participation of less than the required percentage listed in the solicitation will be deemed non-responsive and eliminated from any further participation.

3. The Small Business Preference (five percent (5%) up to $50,000) may be combined with the DVBE incentive but will not exceed a combined total of $500,000.

4. The DVBE incentive is computed from the lowest responsive and responsible bid price.

XVIII. SMALL BUSINESS PREFERENCE PROGRAM

Current law encourages state departments to first consider a Small Business (S/B) Enterprise / Microbusiness (M/B) Enterprise for contracting opportunities. CDCR is committed to supporting Small/Micro Business participation in state contracting and seeks to use certified Small/Micro Businesses whenever possible.

A Small/Micro Business enterprise is defined as a business certified by the Department of General Services (DGS), Office of Small Business and Disabled Veteran Business Enterprise Certification Services (OSDS) in which:

1. The principal office is located in California http://www.pd.dgs.ca.gov/dvbe/default.htm

2. The officers are domiciled in California

3. The business is independently owned and operated

4. The business, with any affiliates, is not dominant in its field of operation; and

a. For Small Business, either:

(1) The business, together with any affiliates, has 100 or fewer employees and averaged annual gross receipts of $14,000,000 or less over the previous three years, or

(2) The business is a manufacturer with 100 or fewer employees

b. For Micro Business, either:

(1) The business, together with any affiliates, has 25 or fewer employees and averaged annual gross receipts of $3,500,000 or less over the previous three years, or

(2) The business is a manufacturer with 25 or fewer employees.

Section 14835, et seq., of the California Government Code requires that a five percent (5%) preference be given to bidders who certify as a Small/Micro Business enterprise.

The rules and regulations of this law are contained in Title 2, California Code of Regulations, Section 1896, et seq. A copy of the regulation is available upon request.

To claim the Small/Micro Business preference, which may not exceed $50,000 for any bid, your firm must:

1. Have a completed application (including proof of annual receipts) on file with the

DGS, OSDS, by 5:00 p.m. on the date bids are due, and

2. Receipt of documents verified by such office.

Therefore, if you are a Small/Micro Business, but are not certified, it is to your advantage to become certified. For certification and preference approval process information, contact the OSDS by telephone at (916) 375-4940 or access the OSDS Internet website at www.pd.dgs.ca.gov/smbus/getcertified.htm.

XIX. NON-SMALL BUSINESS PREFERENCE REQUEST

Pursuant to Title 2, CCR Section § 1896, et seq., and GC Section § 14838, et seq., a bid preference of five percent (5%) is available to a responsive non-small business claiming no less than twenty-five percent (25%), Small Business/Micro Business (SB/MB) subcontractor participation with one or more SB/MB enterprises. This preference is considered only if the tentative low bidder is not a certified SB/MB.

In granting the Non-Small Business Preference, no bid price will be reduced by more than $50,000. This preference cost adjustment is for bid evaluation purposes only and does not alter the actual cost offered by the bidder.

A non-small business is defined as a responsive/responsible bidder that is not certified by the DGS OSDS as a SB/MB enterprise.

To be eligible for the non-small business preference, the business prime vendor must complete and submit the Non-Small Business Preference Request and Subcontractor Acknowledgement form (OBS 555) with their bid proposal.

http://www.pd.dgs.ca.gov/smbus/getcertified.htm

XX. NONPROFIT VETERAN SERVICE AGENCY (NVSA) SMALL BUSINESS

PREFERENCE

Pursuant to Military and Veteran Code Section 999.50 et seq., Nonprofit Veteran Service Agencies (NVSAs) claiming Small/Micro Business preference and verified as such in the relevant category or business type, will be granted a preference of five percent (5%) of the lowest responsive bid, if the lowest responsive bid is submitted by a bidder not certified as a Small/Micro Business.

In granting Small/Micro Business preference to NVSAs, no bid will be reduced by more than $50,000. The preference cost adjustment is for computation purposes only and does not alter the actual cost offered by the bidder.

To be eligible for the NVSA Small/Micro Business Preference, the business concern must:

1. request preference at the time of bid submission, and

2. must possess a valid certification prior to bid submission.

An SB/NVSA is not subject to the same standards as other certified Small/Micro businesses. SB/NVSA standards are identified in Military and Veterans Code Section 999.51(a) (3).

XXI. IDENTIFICATION OF CONTRACTORS, SUBCONTRACTORS, CONSULTANTS:

SMALL/MICRO BUSINESS AND DVBES

CDCR must identify all contractors, subcontractors, and consultants who will provide labor or render services in the performance of this Agreement and further identify whether any of the listed subcontractors and consultants are a certified Small/Micro business, or a certified DVBE. Therefore, the bidder must complete a Bidder Declaration (GSPD-05- 105). If any changes occur in the submitted original GSPD-05-105, the Contractor shall notify the Office of Business Services (OBS), in writing within ten (10) working days of those changes, including any changes to Small/Micro business or DVBE status.

CDCR asks that you encourage any subcontractor(s) and/or consultant(s) not currently certified as a Small/Micro business or DVBE that may meet the certification requirements specified herein to become certified through the DGS, OSDS. Please provide those subcontractor(s)/consultant(s) the OSDS contact and certification information provided above.

If you are a certified Small/Micro business enterprise and fail to complete the Prime Contractor information of the CDCR Bidder Acknowledgement/Certification form (OBS 300), your business shall be classified as a large business, which will preclude your bid from receiving the five percent (5%) Small/Micro business preference and can cause incorrect reporting of Small/Micro business and large business participation by CDCR.

If you are a certified DVBE and fail to specify that information on the CDCR Bidder Acknowledgement/Certification form, (OBS 300) your business shall be classified as a large business, which will preclude your bid from receiving any range of the DVBE incentive and cause incorrect reporting of DVBE participation by CDCR.

XXII. BIDDER PROVIDING FACILITY(IES)

Bidders providing facility(ies) for their services must specify the complete address(es) of the facility(ies) where the services will be performed in the appropriate section on the Bidder Acknowledgement/Certification form (OBS 300) in the spaces provided.

The bidder hereby authorizes the State to insert the bidder’s facility(ies) as listed in the CDCR Bidder Acknowledgement/Certification form (OBS 300) into the contract Exhibit A Scope of Work.

Enclosures

Bidder Acknowledgement/Certification (OBS 300) Bid No. 6000001995 California Department of Corrections and Rehabilitation (CDCR)

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

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

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

COMPANY NAME:

STREET ADDRESS: P.O. BOX:

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

TELEPHONE NUMBER: FAX NUMBER:

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

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

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

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

California.

PRINT NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

SIGNATURE OF AUTHORIZED REPRESENTATIVE: DATE:

Bidding Preferences Claimed (Check only the preferences claimed)

Preferences: Certification Number/Expiration Date

DGS certified Small Business

DGS certified Micro Business

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

DGS certified Disabled Veteran Business Enterprise

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

NVSA preference request

Check all that bidder is applying for: TACPA LAMBRA EZA Attach all applicable forms

Bidder Providing Facility(ies) If the bidder is supplying the facility(ies) for services, please specify the complete address(es) of the facility(ies) where services will be provided (use additional sheets if necessary). The bidder hereby authorizes the State to insert the bidder’s facility(ies) listed below into the Exhibit A Scope of Work.

Street Address, City, State, Zip Code

Street Address, City, State, Zip Code

PUBLIC WORKS-BID SUBMITTAL CHECKLIST

IFB No. 6000001995

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

A complete bid will consist of the documents identified below.

NOTE TO BIDDER: The company name identified on all documents submitted to the State (e.g., licenses, permits, certifications) must be identical to the company name written on the Bidder

Acknowledgement/Certification (OBS 300). Failure to comply may cause delays in the award or result in the rejection of your bid.

_____ Bidder Acknowledgement/Certification (OBS 300)

_____ Rate Sheet For Public Works (Exhibit B-1)

_____ Payee Data Record (STD 204) and Supplemental Payee Data Form

_____ Public Works Contractor Certification (OBS 1200)

_____ Noncollusion Affidavit (CDCR 1240)

_____ Proof of registration with the Department of Industrial Relations

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

_____ Copy of valid “C-34” California Contractors State License Board specialty license.

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

_____ Contractor Certification Clauses (CCC).

_____ GSPD-05-105 Bidder Declaration

_____ STD 843 DVBE Declarations

_____ OBS-554 DVBE Incentive Request/Subcontractor Acknowledgement Form

*Submit only if applicable

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

Payment Bond (Refer to Exhibit D, Special Terms and Conditions For Public Works.)

Required Insurance and Workers Compensation (Refer to Exhibit D, Special Terms and Conditions For Public Works.)

STANDARD AGREEMENT

STD 213 (Rev 06/03) AGREEMENT NUMBER

REGISTRATION NUMBER

1. This Agreement is entered into between the State Agency and the Contractor named below:

STATE AGENCY'S NAME

CONTRACTOR'S NAME

2. The term of this through

Agreement is:

3. The maximum amount $ of this Agreement is:

4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement.

Exhibit A – Scope of Work page(s)

Exhibit B – Budget Detail and Payment Provisions page(s)

Exhibit C* – General Terms and Conditions

Check mark one item below as Exhibit D:

Exhibit - D Special Terms and Conditions (Attached hereto as part of this agreement) page(s)

Exhibit - D* Special Terms and Conditions

Exhibit E – Additional Provisions page(s)

Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.

These documents can be viewed at www.ols.dgs.ca.gov/Standard+Language

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

CONTRACTOR California Department of General Services Use Only

CONTRACTOR’S NAME (if other than an individual, state whether a corporation, partnership, etc.)

BY (Authorized Signature)

DATE SIGNED(Do not type)

PRINTED NAME AND TITLE OF PERSON SIGNING

ADDRESS

AGENCY NAME

BY (Authorized Signature)

DATE SIGNED(Do not type)

PRINTED NAME AND TITLE OF PERSON SIGNING Exempt per:

ADDRESS

S A M

P

LE

Bid Number 6000001995

Scope of Work

Exhibit A

CALIFORNIA STATE PRISON, LOS ANGELES COUNTY

1. INTRODUCTION/SERVICES

The Contractor shall provide all parts, labor, materials, supplies, tools, equipment, permits and licenses, bonds, transportation, travel and per diem, and every other item of expense necessary to replace the existing Double Containment Steam and Condensate Lines at the California State Prison, Los Angeles County (LAC), located at 44750 60th Street West, Lancaster, CA 93636.

2. CONTRACTOR RESPONSIBILITIES

The Contractor shall be responsible for coordinating with and notifying the CDCR Site Representative for all work and schedule activities.

The Contractor shall perform the following tasks:

Identify and/or mark the location of the existing steam, condensate, sewer, water or any line that may become damaged during excavation. It is the responsibility of the Contractor to verify existing utilities prior to excavation. All repairs due to damage by the Contractor are the sole responsibility of the Contractor.

Saw cut and remove asphalt and dig a new trench to accommodate the new 4” steam supply and 3” condensate lines. The new trench shall parallel the existing lines and shall be tied-in on the weekend as mutually agreed between the Contractor and the CDCR Site Representative.

Expose the existing steam lines at the places of the tie-in and verify the slope. The new lines shall have the same slope in order to avoid water hammering. Temporary steel plates shall be placed over all open trenches to allow for pedestrian traffic when feasible and to avoid preventable accidents.

Provide shop drawing to CDCR Site Representative for approval at least five (5) days prior to the commencement of any work.

Install a new 4” Schedule 80 Carbon Steel Black Steel Supply Pipe with 2” mineral wool insulation and a 3” Schedule 80 Carbon Steel Black Condensate Pipe with 1” mineral wool insulation. Both lines shall be encased in a 20” steel containment carrier pipe. The outer containment cover shall be epoxy coated and have cathode protection. All other material and insulation shall match the existing lines.

Adhere to ASME code Section I and B 31.1 and ASME Code Section IX for welding procedure specifications. Welders must be qualified to the requirements of ASME code Section IX and provide proof upon request.

Provide shoring, if needed, and use sand as a backfill around the new pipe line.

Test all connections prior to backfilling trench, compact, and patch with asphalt to match existing. Concrete may be used to patch upon written request to the CDCR Site Representative.

Provide shop drawing to CDCR Site Representative for approval at least five (5) days prior to the commencement of any work.

3. NOTICE TO PROCEED (NTP)

A NTP will be issued by the Section Chief, Contracts and Procurement, Facility Planning, Construction and Management Division. Contractor shall not proceed with the work prior to the NTP being issued.

4. WORK HOURS/SCHEDULE

Work is to be performed between the hours of 7:00 a.m. to 4:00 p.m., Monday through Friday, excluding State holidays, unless otherwise mutually arranged. The CDCR Site Representative or designee will approve the Contractors work schedule.

5. CDCR SITE REPRESENTATIVE

The CDCR Site Representative or designee shall be solely responsible for determining the satisfactory completion of any services provided by the Contractor under this Agreement.

6. LIQUIDATED DAMAGES

Pursuant to provision 24 of Exhibit D, liquidated damages are hereby set at $500 per day for each day the Contractor fails to complete work past the specified completion date.

7. PAYMENT

Contractor shall invoice CDCR in accordance with the Exhibit B and Exhibit B-1, lump sum upon completion of the work and approval by CDCR Site Representative. There will be no additional compensation for time involved with getting into and out of the Institution.

8. LICENSE REQUIREMENTS

The Contractor shall possess, and maintain throughout the term of this Agreement, a valid “C-34,” California Contractors State License Board specialty license.

If the Contractor is located within the State of California, a business license from the city/county in which the company is headquartered shall be submitted. Corporations shall submit a copy of the incorporation documents/letter from the Secretary of State’s Office. If the Contractor is outside the State of California, the Contractor shall submit a copy of a business license or incorporation papers from the respective State demonstrating the company is in good standing in that State.

9. CDCR CONTACT INFORMATION

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

CDCR Site Representative:

California State Prison - Los Angeles County (LAC) Mac Mimaki, Chief Engineer Phone Number: (661) 729-2000 Ext. 7307 FAX Number: (661) 729- 6974

Billing/Payment Issues:

Facility Planning, Construction and Management Julie Sandberg, Contract Analyst Phone Number: (916) 255-2265 FAX Number: (916) 255-3030

Scope of Work/Performance Issues:

Facility Operations Branch Contact Pedro Reyes, Departmental Construction & Maintenance Supervisor Phone Number: (916) 255-0516 FAX Number: (916) 255-3022

General Agreement Issues:

Office of Business Services Contracts Management Branch Phone Number: (916) 255-5624 FAX Number: (916) 255-6187

California Department of Corrections And Rehabilitation (CDCR) Exhibit B Budget Details and Payment Provisions

1. Invoicing and Payment

a. For services satisfactorily rendered, and upon receipt and approval of Contractor’s invoices, the State agrees to compensate the Contractor in accordance with the rates specified herein on Exhibit B-1 Rate Sheet, and made a part of this Agreement. Exhibit B-1 Rate Sheet shall remain in force for the stated term of this Agreement and shall include every item of expense, direct and indirect, including taxes incidental to the specified rates.

b. Invoices shall include the Agreement Number, Purchase Order Number and shall be submitted in triplicate not more frequently than monthly in arrears to the address provided below.

California Department of Corrections and Rehabilitation (CDCR) Facilities Planning, Construction and Management Attention: Julie Sandberg, Contracts Analyst 9838 Old Placerville Road, Suite B Sacramento, CA 95827 Phone Number: (916) 255-2265 Fax Number: (916) 255-3030

2. Budget Contingency Clause

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

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

3. Prompt Payment Clause

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

4. Subcontractors

Nothing contained in this Agreement, or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve the Contractor of Contractor’s responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The

California Department of Corrections And Rehabilitation (CDCR) Exhibit B Budget Details and Payment Provisions

Contractor’s obligation to pay its subcontractors is an independent obligation from the State’s obligation to make payments to the Contractor. As a result, the State shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.

5. Advanced Payment for Non-Profit Organizations

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

6. Bidder Acknowledgement/Certification (OBS 300)

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

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

California Department of Corrections and Rehabilitation Exhibit B-1 Rate Sheet For Public Works

AT CALIFORNIA STATE PRISON, LOS ANGELES COUNTY

The Lump Sum Rate must be provided below. Failure to provide the required rate shall be cause for rejection of your bid.

Complete all work for a Lump Sum of: $

BASIS FOR AWARD

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

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

NOTE: THIS RECIPROCAL PREFERENCE IS AVAILABLE ONLY TO BIDDERS WHO

CERTIFY, UNDER PENALTY OF PERJURY, THAT THEY QUALIFY AS CALIFORNIA

COMPANY.

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

1. Has its principal place of business in California.

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

3. Has its principal place of business in a state in which there is no local contractor preference on construction contracts, but the bidder has paid not less than Five Thousand Dollars ($5,000) in sales or use taxes to California for construction related activity for each of the five years immediately preceding the submission of the bid.

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

Yes ____ No ____

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

Preference given: _____________________________________________________________

By signing the Quote Request, the bidder certifies under penalty of perjury the correctness of this statement.

Bidders are cautioned that making false certification may result in rejection of the bid or legal action or both.

The bidder shall set forth in the bid:

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

2. The portion of work to be performed by each subcontractor. (See California Public

Contract Code Sections 4100 through 4108, inclusive.)

3. In addition, effective January 1, 1994, pursuant to the California Public Contract Code

Section 10115 et seq., prime contractors MUST list on their Bid Proposal all certified DVBE subcontractors who will perform work or labor or render service to the prime contractor in connection with the performance of the contract and who will be used by the prime contractor to fulfill DVBE participation goals.