IFB_8CA07299.pdf

STATE OF CALIFORNIA - THE NATURAL RESOURCES AGENCY GAVIN NEWSOM, Governor

CONSERVATION IS WISE-KEEP CALIFORNIA GREEN AND GOLDEN

PLEASE REMEMBER TO CONSERVE ENERGY. FOR TIPS AND INFORMATION, VISIT “FLEX YOUR POWER” AT WWW.CA.GOV

CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION

P.O. Box 944246

SACRAMENTO, CA 94244-2460

(916) 653-7772 Website: www.fire.ca.gov

Invitation for Bid Notice to Prospective Bidders

8CA07299 Green Schoolyards Project Services May 2, 2025

You are invited to review and respond to this Invitation for Bid (IFB). In submitting your bid, you must comply with these instructions. In addition to those programs and preferences that are specified in this solicitation, Prospective Contractors are encouraged to consider programs and preferences that are available, such as those for the use of small businesses, disadvantaged businesses, disabled veteran businesses, and other businesses covered by State and Federal programs and preferences.

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.

A Disabled Veteran Business Enterprise (DVBE) goal is not required, but DVBE participation is encouraged, and a DVBE incentive may apply to this IFB. See Section D, Special Programs, Item 1, in this IFB for requirements.

As required by Executive Order S-02-06, the California Department of Forestry and Fire Protection (CAL FIRE) is committed to meeting the State’s 25 percent (25%) Small Business (SB) participation goal. Certified SBs, Micro Businesses (MB), and contractors willing to commit to subcontracting a minimum of 25 percent (25%) of their net bid price to certified SBs or MBsare encouraged to submit bids. See Section D, Special Programs, Item 2, in this IFB for requirements.

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions (GTC 02/2025) and Contractor Certification Clauses that may be viewed and downloaded at Internet site https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List- Folder/Standard-Contract-Language. If you do not have Internet access, a hard copy can be provided by contacting the person listed below.

In the opinion of California Department of Forestry and Fire Protection (CAL FIRE), this IFB is complete and without need of explanation. However, if you have questions, or should you need any clarifying information, the contact person for this IFB is:

Kelly McGrew California Department of Forestry and Fire Protection

Kelly.McGrew@fire.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.

Technical questions regarding this solicitation will be addressed, in writing, and in accordance with the Questions and Answers portion of this IFB. See Section C, Item 1, Key Action Dates for more details.

Kelly McGrew Contract Analyst http://www.fire.ca.gov/ 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 mailto:Kelly.McGrew@fire.ca.gov

Invitation for Bid Number 8CA07299 Green Schoolyards Project Services

CAL FIRE

Table of Contents

A) Purpose and Description of Services 3 B) Bidder Minimum Qualifications 3 C) Bid Requirements and Information 4

1. Key Action Dates 4

2. Written Question and Answer Period 4

3. Costs Included in Bid Rates 4

4. Postconsumer Content Certification 4

5. Mandatory Organic Waste Recycling 4

6. Motor Carrier Permit Requirements 4

7. Subcontractors 5

8. Insurance 5

9. California Civil Rights Law 5

10. Darfur Contracting Act 5

11. Iran Contracting Act 6

12. Submission of Bids 6

13. Bid Opening 7

14. Evaluation and Selection 8

15. Award and Protest 8

16. Disposition of Bids 8

17. Standard Conditions of Service 8

18. Generative Artificial Intelligence (GenAI) 9

D) Special Programs 9

1. Disabled Veteran Business Enterprise (DVBE) Program Requirement 9

2. Small Business (SB) or Microbusiness (MB) Preference 10

3. Commercially Useful Function 11

4. CAL FIRE Advocates 11

5. Target Area Contract Preference Act (TACPA) 11

E) Required Attachments 11

1. Required Attachment Checklist 12

2. Bid/Bidder Certification Sheet 14

3. Rate Sheet 16

4. Disabled Veteran Business Enterprise Declarations (STD 843) 19

5. Bidder Declarations (GSPD-05-105) 20

6. Darfur Contracting Act Certification (CAL FIRE-720) 21

7. Iran Contracting Act Certification (DGS PD 3) 23

8. Payee Data Record (STD 204) 24

9. Contractor Certification Clauses (CCC 04/2017) 25

10. Target Area Contract Preference Act (TACPA) 26

11. California Civil Rights Laws Attachment 27

12. Quotes from SB/DVBE Subcontractors 28

F) Proposed Form of Agreement 29 STD 213 Sample Standard Agreement

A) Purpose and Description of Services

1. Contractor agrees to provide to the California Department of Forestry and Fire Protection (CAL FIRE) Green

Schoolyards Project Services.

2. Contractor shall provide all materials, labor, equipment, tools, permits, taxes, transportation, and fees to provide technical assistance and support for current and future Green Schoolyards grantees.

B) Bidder Minimum Qualifications

1. The Prime Bidder must be either an individual or firm currently licensed to do business in California and proof of such in the form of a current and valid Business License or California Secretary of State registration for the business shall be provided as required in Attachment 1, Required Attachment Checklist.

2. The Prime Bidder must have a current and valid Business License or Incorporation papers for their respective State showing that their company is in good standing in that state, if the Prime Bidder’s base of operation is located outside the State of California and provide proof of such as required in Attachment 1, Required Attachment Checklist.

3. Prime Bidder or subcontractor must possess one (1) of the following licenses: Landscape Architect, Urban/City Planner, Architect, or Structural Engineer in accordance with the laws of the State of California and shall provide proof of such as required in Required Attachment Checklist, Attachment 1.

4. Prime Bidder and subcontractors must provide resumes for all employees that may provide any consultations work for these services as required in Required Attachment Checklist, Attachment 1.

5. Prime Bidder or subcontractors must provide experts with at least 20 years of relevant experience related to designing school sites with a focus of increasing nature and nature-based learning and provide proof of such in the form of a Statement of Work.

6. Prime Bidder or subcontractors must provide experts with at least 20 years of experience in environmental education and curriculum development with a focus on nature-based, hands-on learning and provide proof of such in the form of a Statement of Qualifications as required in Required Attachment Checklist, Attachment 1.

7. Prime Bidder or subcontractors must provide experts with at least 10 years of relevant experience working with underserved communities and provide proof of such in the form of a Statement Qualifications as required in Required Attachment Checklist, Attachment 1.

8. Prime Bidder or subcontractors must provide experts with at least 20 years of landscape design experience working with school districts and provide proof of such in the form of a Statement of Qualifications as required in Required Attachment Checklist, Attachment 1.

9. Prime Bidder or subcontractors must provide experts with at least 20 years of experience in environmental outreach and advocacy and provide proof of such in the form of a Statement of Qualifications as required in Required Attachment Checklist, Attachment 1.

10. Prime Bidder or subcontractors must provide licensed architectural and/or structural engineering experts with at least 20 years of experience in designing large- and small-scale projects, 10 years of school-design experience with a focus on nature and nature-based, hands-on learning, and at least 200 designs requiring Division of the State Architect (DSA) approval and provide proof of such in the form of a Statement of Qualifications as required in Required Attachment Checklist, Attachment 1.

11. Failure of Bidder to sufficiently provide any or all of the minimum qualifications, in the opinion of CAL FIRE, will result in the Bidder’s bid being deemed non-responsive.

C) Bid Requirements and Information

1. Key Action Dates

It is recognized that time is of the essence. All bidders are hereby advised of the following schedule and will be expected to adhere to the required dates and times.

Event Date Time

(Pacific Time)

IFB available to prospective bidders May 2, 2025 Written Question Submittal May 9, 2025 Final Date and Time for Bid Submission May 16, 2025 3:00 p.m.

Bid Opening May 19, 2025 9:00 a.m.

2. Written Question and Answer Period A. Potential Bidders may submit written questions regarding the bid by May 9, 2025. All questions should be emailed in writing to Kelly.McGrew@fire.ca.gov. NO QUESTIONS will be accepted after May 9, 2025.

B. Written questions must include: the individual's name, firm name, complete address and must reference IFB No. 8CA07299.

C. Written responses to all questions will be collectively compiled and posted, as an Addendum, to the Cal eProcure website (https://caleprocure.com/pages/index.aspx). It is the responsibility of the Bidder to access the website for any changes or addenda that may be posted. Refer to this IFB, Section C1, Key Action Dates, for the schedule of events and dates/times. It is the responsibility of the bidder to check Cal eProcure for all addenda. Bidder can contact the Contract Analyst named above.

3. Costs Included in Bid Rates Bid prices/rates shall include the cost of employer payments to or on behalf of employees, subsistence, travel, compensation insurance premiums, unemployment contributions, social security taxes, contract bond premiums, and any other taxes or assessments, including but not limited to, sales and use taxes required by law or otherwise and no additional allowance will be paid unless separate payment provisions in the Agreement should specifically provide otherwise.

4. Postconsumer Content Certification Your signature affixed hereon and dated on the Bid/Bidder Certification Sheet, Attachment 2 shall signify that you are aware of the recycled materials, goods, and supplies program requirements of Public Contract Code Sections 12200 and 12205, and that the Recycled-Content Certification will be required for the successful contractor. The awarded bidder will be required to complete a Postconsumer-Content Certification (CalRecycle 74) and provide the form with the signed Agreement. An incomplete form or failure to provide a completed form will result in cancellation of the Agreement. The Postconsumer-Content Certification can be downloaded at https://calrecycle.ca.gov/buyrecycled/.

5. Mandatory Organic Waste Recycling The Contractor generating organic waste or commercial solid waste shall arrange for the recycling services required by this section in a manner that is consistent with State and local laws and requirements, including a local ordinance or local jurisdiction's franchise agreement, applicable to the collection, handling, or recycling of organic waste and commercial solid waste. This requirement does not modify, limit or abrogate the Contractors right to sell or donate its recyclable organic waste materials consistent with the requirements of Public Resources Code Sections 42649.8 et seq

6. Motor Carrier Permit Requirements A. Contractor is responsible for determining whether California Vehicle Code Sections 34601 and 34620 require

Contractor to have a valid Motor Carrier Permit (MCP) issued by the Department of Motor Vehicles (DMV) in order for Contractor to lawfully perform any part or aspect of the work described in Exhibit A, Scope of Work, and, if California Vehicle Code Sections 34601 and 34620 do require same for any part or aspect of such work, Contractor must have a valid MCP(s) issued from the DMV for its services as a Motor Carrier of Property under this Agreement. Contractor shall pay any required fees necessary to obtain and maintain in good standing during the entire term of this Agreement the any such required MCP(s).

mailto:Kelly.McGrew@fire.ca.gov https://caleprocure.com/pages/index.aspx https://calrecycle.ca.gov/buyrecycled/

B. The MCP(s), if any, required for the Contractor's Motor Carriers of Property under California Vehicle Code Sections 34601 and 34620 shall be on file with the Contractor for the duration of this Agreement. Upon request of CAL FIRE, the Contractor must immediately provide to CAL FIRE a copy of the required MCP(s), if any.

7. Subcontractors Bidder may subcontract portions of the work as defined in the attached Sample Standard Agreement. If subcontractors are used, complete the Bidder Declaration (GSPD–05-105), Attachment 5. Bidder must ensure that the subcontractor(s) will have all necessary licenses, permits, and/or certifications to accomplish its portion of the work. Failure of a subcontractor(s) to have the proper licenses, permits, and/or certifications, shall be cause for rejection of bid. The Bidder Declaration can also be downloaded at:

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

8. Insurance A. The bidder, who receives the Agreement award, must provide a Certificate of Insurance providing proof of insurance to the Business Service Office (BSO) within ten (10) working days from the date of notification of award. The State’s Office of Risk and Insurance Management will review insurance certificates and/or proof of self-insurance documentation before execution of the Agreement. Refer to the Sample Standard Agreement Exhibit E, Section 1 for the applicable and specific Insurance requirements and coverage limits.

B. The insurance carrier shall provide an endorsement for the additional insured statement as follows:

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 under the contract.

C. The additional insured endorsement must accompany the certificate of insurance.

D. Available Coverages/Limits In the event the insurance coverages obtained by the Contractor is broader in scope than, and/or the limits are higher than, those required under the contract, all such broader coverage and/or higher limits available to the Contractor shall also be available and applicable to the State.

E. In the case of Contractor and/or Permittee’s utilization of subcontractors to complete the contracted scope of work, contractor and/or Permittee shall include all subcontractors as insured under Contractor and/or Permittee’s insurance or supply evidence of insurance to The State equal to policies, coverages and limits required of Contractor and/or Permittee.

9. California Civil Rights Laws Any person that submits a bid or proposal to, or otherwise proposes to enter into or renew a contract with, a state agency with respect to any contract in the amount of one hundred thousand dollars ($100,000.00) or more shall certify, under penalty of perjury, at the time the bid or proposal is submitted or the contract is renewed, that they satisfy all of the conditions set forth in California Public Contract Code Section 2010 and they shall execute the California Civil Rights Laws Certification, as Attachment 11, completed, signed, and returned with its bid or proposal.

10. Darfur Contracting Act A. The Darfur Contracting Act, Public Contract Code Section 10475-10481, applies to any company that currently or within the previous three (3) years has had business activities or other operations outside of the United States. The Act was passed by the California Legislature and signed into law by the Governor to preclude State agencies generally from contracting with “scrutinized” companies that do business in the African nation of Sudan (of which the Darfur region is a part), for the reasons described in Public Contract Code Section 10475. All bidders shall complete the Darfur Contracting Act Certification, CAL FIRE-720, Attachment 6, and submit with the proposal.

B. If your company has not, within the previous three (3) years, had any business activities or other operations outside of the United States, complete Option 1 on the CAL FIRE-720.

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

C. A scrutinized company is a company doing business in Sudan as defined in Public Contract Code Section 10476. Scrutinized companies are ineligible to, and cannot bid on, or submit a bid or proposal for an Agreement with a State agency for goods or services. (Pub. Cont. Code Section 10477(a)).

D. Therefore, Public Contract Code Section 10478(a) requires a company that currently has (or within the previous three (3) years has had business activities or other operations outside of the United States to certify that it is not a “scrutinized” company when it submits a bid or proposal to a State agency.

E. A scrutinized company may still; however, submit a bid or proposal for an Agreement with a State agency for goods or services if the company first obtains permission from the Department of General Services according to the criteria set forth in Public Contract Code Section 10477(b).

11. Iran Contracting Act A. Pursuant to the Iran Contracting Act of 2010 (Pub. Cont. Code Sections 2200 et seq., hereinafter “the Act”), persons identified on the list established under Public Contract Code Section 2202.5 (hereinafter “List”) are ineligible to bid on, submit a proposal for, enter into, or renew any contract with the State for goods or services of one million dollars or more.

B. Any person who submits a bid or proposal must complete and submit to CAL FIRE with its bid proposal, the Iran Contracting Act Certification (DGS PD 3), Attachment 7, certifying that it is not on the most current List unless the person is exempted from the certification requirement by Public Contract Code Section 2203(c) or (d). If claiming an exemption, the person shall provide written evidence that supports an exemption under Public Contract Code Section 2203(c) or (d) with its bid or proposal. The Iran Contracting Act Certification can also be downloaded at https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_3.pdf.

C. Any person, for a contract that is exempt from bidding or is renewed, or for whom a contract is otherwise awarded by the State, must complete and submit to CAL FIRE the DGS PD 3, certifying that it is not on the most current List, before the contract has been executed by the parties, unless the person is exempted from the certification requirement by Public Contract Code Section 2205(c) or (d). If claiming an exemption, the person shall provide written evidence that supports an exemption under Public Contract Code Section 2203(c) or (d), before execution of the contract.

12. Submission of Bid A. All bids must be submitted and received under sealed cover and sent to CAL FIRE by dates and times shown in Section C, Bid Requirements and Information, Item 1) Key Action Dates.

B. Bids can be submitted Electronically

1) Electronic Submissions

a) Electronic bid submittals shall be sent to Bids@fire.ca.gov

b) All bid documents will be in an attachment (as a PDF). If any bid information is in the body of the email, it shall be rejected.

c) Subject line must include 8CA07299, Green Schoolyards Project Services, May 16, 2025, 3:00 p.m. and Contractor Business Name.

d) The bid submission email inbox is ONLY for bid submissions, contact the contract analyst directly with contract questions.

C. Late bids will not be considered.

D. All bids shall include the documents identified in Required Attachment Checklist, Attachment 1. Bids with incomplete documents or not including the proper "required attachments" shall be deemed non-responsive. A non-responsive bid is one that does not meet the basic bid requirements.

E. All documents requiring a signature must bear an original 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 will not be considered and will cause a bid to be rejected.

https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_3.pdf mailto:Bids@fire.ca.gov

G. A bid may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The State may reject any or all bids and may waive an immaterial deviation in a bid. The State'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.

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

I. An individual who is authorized to bind the bidder contractually shall sign Bid/Bidder Certification Sheet, Attachment 2. The signature should indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected.

J. 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, will not be considered.

K. A bidder may withdraw its bid by submitting a written withdrawal request to the State, 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.

L. The awarding agency may modify the IFB prior to the date fixed for submission of bids by the issuance of an addendum to all parties who received a bid package.

M. The awarding agency reserves the right to reject all bids. The agency is not required to award an agreement.

N. Before submitting a response to this solicitation, bidders should review, correct all errors and confirm compliance with the IFB requirements.

O. Where applicable, bidder should carefully examine work sites and specifications. Bidder shall investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered. No additions or increases to the agreement amount will be made due to a lack of careful examination of work sites and specifications.

P. 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. The State’s General Terms and Conditions (GTC) are not negotiable. The GTC may be viewed at Internet site https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List- Folder/Standard-Contract-Language.

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

R. Bidder must complete and submit to the awarding agency Payee Data Record, STD 204, Attachment 8, to determine if the Contractor is subject to state income tax withholding pursuant to California Revenue and Taxation Code Sections 18662 and 26131. This form can be found on the Internet at http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf. No payment shall be made unless a completed STD 204 has been returned to the awarding agency.

S. Bidder must sign and submit to the awarding agency, Contractor Certification Clauses (CCC), Attachment 9, which can be found on the Internet at:

https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC- 042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE.

13. Bid Opening A. Bid openings will be held virtually only.

B. Public Bid Opening dial in information:

1) Dial in: 650-564-3271

2) Phone Conference ID: 502 980 813# 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 http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE

14. Evaluation and Selection A. At the time of bid opening, each bid will be checked for the presence or absence of required information in conformance with the submission requirements of this IFB.

B. The State will evaluate each bid to determine its responsiveness to the published requirements.

C. Bids that contain false or misleading statements, or which provide references, which do not support an attribute or condition claimed by the bidder, may be rejected.

D. Award if made will be to the lowest responsive responsible bidder.

E. In the event of a tie bids, the award will be determined by a coin toss. The coin toss will be held in the State Agency’s headquarters area office. This is a public event which the bidders will be invited to attend. The selection of the Contractor will be at the sole discretion of the State.

15. Award and Protest A. Whenever an agreement is awarded under a procedure, which provides for competitive bidding, but the agreement is not to be awarded to the low bidder, the notification must be “by telegram, electronic facsimile transmission, overnight courier, Internet transmission, or personal delivery.” (PCC § 10345(a).)

B. On written request from any bidder, the awarding agency must post a notice of the proposed contract award in a place accessible by the general public, including any Internet site identified in the IFB at least five working days prior to awarding the contract. (PCC § 10345(a)(1).)

C. If any bidder, prior to the award of agreement, files a protest with the Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95605 and CAL FIRE, 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 the Department of General Services has decided the matter.

D. Within five (5) days after filing the initial protest, the protesting bidder shall file with the Department of General Services and the awarding agency a detailed written statement specifying the grounds for the protest. The written protest must be sent to the Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, California 95605. A copy of the detailed written statement should be mailed to the awarding agency. It is suggested that you submit any protest by certified or registered mail.

California Department of Forestry and Fire Protection Office of Business Services, Contracts Unit Attention: Kelly McGrew 710 Riverpoint Court West Sacramento, CA 95605 Phone Number: (916) 894-9688 Email: Kelly.McGrew@fire.ca.gov

Department of General Services Office of Legal Services Attention: Bid Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605 Phone Number: (916) 376-5080 Email: OLSProtests@dgs.ca.gov

16. Disposition of Bids A. Upon bid opening, all documents submitted in response to this IFB will become the property of the State of

California 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.

B. Bid packages may be returned only at the bidder's expense unless such expense is waived by the awarding agency.

17. Standard Conditions of Service A. Service shall not begin prior to the express date set by the CAL FIRE Project Representative and the

Contractor, after all approvals have been obtained, and the Agreement is fully executed. Should the Contractor fail to commence work at the agreed upon time, the CAL FIRE Project Representative, upon five

(5) days written notice to the Contractor, reserves the right to terminate the Agreement. In addition, the Contractor shall be liable to CAL FIRE for the difference between Contractor's bid price and the actual cost of performing work by the second lowest bidder or by another Contractor.

mailto:Kelly.McGrew@fire.ca.gov mailto:OLSProtests@dgs.ca.gov

B. All performance under the Agreement shall be completed on or before the termination date of the Agreement.

C. If the bidder is awarded the Agreement and refuses to sign the Agreement presented for signature within the time and manner required, the bidder will be liable to CAL FIRE for actual damages resulting to CAL FIRE therefrom or 10 percent (10%) of the amount bid, whichever is less.

D. Loss Leader usage is prohibited in this solicitation: It is unlawful for any person engaged in business within this State to sell or use any article or product as a "loss leader" as defined in California Business and Professions Code Section 17030. "Loss Leader" means any article or product sold at less than cost: a) where the purpose is to induce, promote or encourage the purchase of other merchandise; or b) where the effect is a tendency or capacity to mislead or deceive purchasers of prospective purchasers; or c) where the effect is to divert trade from or otherwise injure competitors.

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

18. Generative Artificial Intelligence (GenAI) A. 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. Bidder / Offeror must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.

C. Failure to report GenAI to the State may result in disqualification. The State reserves the right to seek any and all relief to which it may be entitled to as a result of such non-disclosure.

D. Upon notification by a Bidder / Offeror of GenAI as required, 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.

E. Government Code 11549.64 defines “Generative Artificial Intelligence (GenAI)” as an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system’s training data.

D) Special Programs

1. Disabled Veteran Business Enterprise (DVBE) Program Requirement

A. DVBE Participation Program with No Goals:

A DVBE goal is not required, but DVBE participation is encouraged, and a DVBE incentive will apply to this IFB as described below.

B. DVBE Incentive Program

1) The DVBE Incentive Program applies to this solicitation. It is separate from the DVBE Participation Program and was established in Military and Veterans Code Sections 999 et seq., and Title 2, California of Regulations, Sections 1896.99 (2 CCR Section1896.99) et seq., to encourage bidders to partner with DVBE subcontractors. A dollar cap of $100,000.00 is set for all combined incentives and preferences.

The incentive is used only for evaluation purposes to arrive at the successful bidder and does not alter the amounts of the actual bid. Any responsive and responsible bidder with the confirmed DVBE participation per the Tables in paragraph 3) below is eligible to receive the incentive. Bidders who are not responsive and responsible regardless of the amount of DVBE participation are not eligible to receive the incentive.

2) CAL FIRE will apply an incentive to bids proposing the utilization of DGS certified DVBE firms identified on the Bidder Declaration (GSPD-05-105). Information provided on the GSPD-05-105 shall be verified by CAL FIRE prior to the award of the Agreement. Contractor shall also submit Quotes from SB/DVBE Subcontractor, Attachment 12, the incentive amount is equal to a percentage of the lowest responsive and responsible bid based on the amount of DVBE participation in the bid being evaluated per the Tables below.

3) Tables for IFB (Low Price Method)

Goal Not Required

Verified DVBE Participation DVBE Incentive Amount

5% or more 5%

4%-4.99% 4%

3%-3.99% 3%

2%-2.99% 2%

0.1%-1.99% 1%

4) When applying the DVBE Incentive, an NSB shall not displace an award to a DGS Certified Small Business.

5) Additional information: https://www.dgs.ca.gov/OBAS/Resources/Page-Content/OBAS-Resources-List- Folder/DGS-Contracting-Commitment-with-Small-Businesses-DVBEs.

2. 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. References to a SB shall also include MB. The rules and regulations of this law, including the definition of a SB for the delivery of services, are contained in Title 2, California Code of Regulations, Section 1896 (2 CCR Section 1896) et seq.

B. To claim the SB preference, your firm must have its principal place of business located in California and be certified by the California Department of General Services (DGS), Office of Small Business and DVBE Services (OSDS). The preference amount may not exceed fifty thousand dollars ($50,000.00) for any bid. If prospective Contractor is claiming the five percent (5%) SB preference, complete Section 16 of the Bid/Bidder Certification Sheet Attachment 2.

C. Pursuant to Government Code Section 14838 and 2 CCR Section 1896, if a bidder is not a certified SB, but wishes to be eligible for the five percent (5%) non-small business (NSB) preference, the bidder must subcontract at least twenty five percent (25%) of its net bid price to one or more certified SBs. If bidder is claiming the five percent (5%) NSB preference, complete Section 17 of the Bid/Bidder Certification Sheet, Attachment 2, and Bidder Declaration, GSPD-05-105, which can be downloaded at https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf. Bidder shall list the names of all certified SB firms being claimed for credit on the GSPD-05-105 form. For each certified SB subcontractor listed, the bidder shall submit a copy of the quotes from each SB (on the SB’s company letterhead) as Quotes from SB/DVBE Subcontractor, Attachment 12, D. This preference shall not be awarded to a noncompliant bidder and shall not be used to achieve any applicable minimum requirements.

E. Certified SB bidder(s) shall have precedence over NSB bidders in the application of SB preference(s).

F. SB preferences may not be applied to any bid deemed non-responsive with the solicitation instructions or from a non-responsible bidder.

G. Questions regarding the certification approval process or SB program should be directed to OSDS at (800) 559-5529 or (916) 375-4940. For 24-Hour Recording and Mail Request, call (916) 322-5060, or email:

osdshelp@dgs.ca.gov.

H. Additional references are at https://www.dgs.ca.gov/OBAS/Resources/Page-Content/OBAS-Resources-List- Folder/DGS-Contracting-Commitment-with-Small-Businesses-DVBEs.

https://www.dgs.ca.gov/OBAS/Resources/Page-Content/OBAS-Resources-List-Folder/DGS-Contracting-Commitment-with-Small-Businesses-DVBEs https://www.dgs.ca.gov/OBAS/Resources/Page-Content/OBAS-Resources-List-Folder/DGS-Contracting-Commitment-with-Small-Businesses-DVBEs https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf mailto:osdshelp@dgs.ca.gov https://www.dgs.ca.gov/OBAS/Resources/Page-Content/OBAS-Resources-List-Folder/DGS-Contracting-Commitment-with-Small-Businesses-DVBEs https://www.dgs.ca.gov/OBAS/Resources/Page-Content/OBAS-Resources-List-Folder/DGS-Contracting-Commitment-with-Small-Businesses-DVBEs

3. Commercially Useful Function It is the law. All California-certified Small Businesses (SB) and Disabled Veteran Business Enterprise (DVBEs) doing business with the state must perform a Commercially Useful Function (CUF). Performing CUF is a critical requirement for all California-certified firms - SB and DVBE - that do business with the state (Government Code Section 14837 and Military and Veterans Code Section 999).

More information can be found on Department of General Services website:

https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List- Folder/Commercially-Useful-Function-for-Certified-Firms

4. CAL FIRE Advocates CAL FIRE Small Business and Disabled Veteran Business Enterprise Advocates are available to answer questions regarding the SB/DVBE Programs and Incentives and to help identify possible SB/DVBE vendors.

CAL FIRE ADVOCATES: sbdvbe.advocate@fire.ca.gov

5. Target Area Contract Preference Act (TACPA) Promotes economic development and employment opportunities in designated distressed areas, by offering bidding preferences in specified state contracts. For more information:

Request Target Area Contract Preference (ca.gov).

E) Required Attachments https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Commercially-Useful-Function-for-Certified-Firms https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Commercially-Useful-Function-for-Certified-Firms mailto:sbdvbe.advocate@fire.ca.gov https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Request-Target-Area-Contract-Preference?search=TACPA

CAL FIRE

ATTACHMENT 1

Bidder’s Company Name:

REQUIRED ATTACHMENT CHECKLIST

A complete bid or bid package will consist of the items identified below.

Complete this checklist to confirm the items in your bid. Place a check mark or “X” next to each item that you are submitting to the State. For your bid to be responsive, all required attachments must be returned. This checklist should be returned with your bid package also.

Attachment Attachment Name/Description _____ Attachment 1 Required Attachment Checklist

_____ Attachment 2 Bid/Bidder Certification Sheet

_____ Attachment 3 Rate Sheet

_____ Attachment 4 Disabled Veteran Business Enterprise Declarations (STD 843) * https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf

_____ Attachment 5 Bidder Declaration (GSPD-05-105) https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

_____ Attachment 6 DARFUR Contracting Act (CAL FIRE-720)

_____ Attachment 7 Iran Contracting Act (DGS PD 3)* https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_3.pdf

_____ Attachment 8 Payee Data Record (STD 204) http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

_____ Attachment 9 Contractor Certification Clauses (CCC 04/2017) https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-

042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE

_____ Attachment 10 Target Area Contract Preference Act (TACPA) *

_____ Attachment 11 California Civil Rights Laws Attachment*

_____ Attachment 12 Quotes from SB/DVBE Subcontractors*

_____ Additional Required Information:

1. The Prime Bidder must be either an individual or firm currently licensed to do business in California and proof of such in the form of a current and valid Business License or California Secretary of State registration for the business shall be provided.

2. The Prime Bidder must have a current and valid Business License or Incorporation papers for their respective State showing that their company is in good standing in that state, if the Prime Bidder’s base of operation is located outside the State of California and provide proof of such.

3. Prime Bidder or subcontractor must possess one (1) of the following licenses:

Landscape Architect, Urban/City Planner, Architect, or Structural Engineer in accordance with the laws of the State of California and shall provide proof of such.

4. Prime Bidder and subcontractor must provide resumes for all employees that may provide any consultations work for these services as required in Required Attachment Checklist, Attachment 1.

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_3.pdf http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE

CAL FIRE

ATTACHMENT 1

5. Prime Bidder or subcontractor must provide experts with at least 20 years of relevant experience related to designing school sites with a focus of increasing nature and nature-based learning and provide proof of such in the form of a Statement of Qualifications.

6. Prime Bidder or subcontractor must provide experts with at least 20 years of experience in environmental education and curriculum development with a focus on nature-based, hands-on learning and provide proof of such in the form of a Statement of Qualifications.

7. Prime Bidder or subcontractor must provide experts with at least 10 years of relevant experience working with underserved communities and provide proof of such in the form of a Statement of Qualifications.

8. Prime Bidder or subcontractor must provide experts with at least 20 years of landscape design experience working with school districts and provide proof of such in the form of a Statement of Qualifications.

9. Prime Bidder or subcontractor must provide experts with at least 20 years of experience in environmental outreach and advocacy and provide proof of such in the form of a Statement of Qualifications.

10. Prime Bidder or subcontractor must provide licensed architectural and/or structural engineering experts with at least 20 years of experience in designing large- and small-scale projects, 10 years of school-design experience with a focus on nature and nature-based, hands-on learning, and at least 200 designs requiring Division of the State Architect (DSA) approval and provide proof of such in the form of a Statement of Qualifications.

*If applicable

CAL FIRE

ATTACHMENT 2

BID/BIDDER CERTIFICATION SHEET

This Bid/Bidder Certification Sheet must be signed and returned along with all the "required attachments" as an entire package in duplicate with original signatures/electronic signature. The bid must be transmitted in accordance with IFB instructions.

Do not return IFB Sections A through E or the "Sample Standard Agreement" at the end of this IFB.

A. Our all-inclusive bid is submitted as detailed in Attachment 3, Rate Sheet.

B. All required attachments are included with this certification sheet.

C. I have read and understand the DVBE participation requirements and have included documentation demonstrating that I have met the participation goals.

D. The signature affixed hereon and dated certifies compliance with all the requirements of this bid document.

The signature below authorizes the verification of this certification.

An Unsigned Bid/Bidder Certification Sheet May Be Cause For Rejection

1. Company Name 2. Telephone Number 2a. Fax Number

3. Address

E-mail Address:

5. Partnership Indicate your organization type: 4. Sole Proprietorship

6. Corporation 6a. L.L.C. Limited Liability Corporation Indicate the applicable employee and/or corporation number:

7. Federal Employee ID No. (FEIN) 8. California Corporation No.

9. Indicate applicable license and/or certification information:

10. Bidder’s Name (Print) 11. Title

12. Signature 13. Date

14. Are you certified with the Department of General Services, Office of Small Business and DVBE Certification as:

a. California Small Business Enterprise

Yes No

If yes, enter certification number:

a. Disabled Veteran Business Enterprise Yes No

If yes, enter certification number:

NOTE: A copy of your Certification is required to be included if either of the above items is checked “Yes”.

Date application was submitted to OSBCR, if an application is pending:

CAL FIRE

ATTACHMENT 2

Completion Instructions for Bid/Bidder Certification Sheet

Complete the numbered items on the Bid/Bidder Certification Sheet by following the instructions below.

Item Numbers

Instructions

1, 2, 2a, 3

Must be completed. These items are self-explanatory.

Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one (1) person owns all the assets of the business in contrast to a partnership and corporation. The sole proprietor is solely liable for all the debts of the business.

Check if your firm is a partnership. A partnership is a voluntary agreement between two (2) or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them. An association of two (2) or more persons to carry on, as co-owners, a business for profit.

6, 6a

Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals. Or a Limited Liability Corporation.

Enter your federal employee tax identification number.

Enter your corporation number assigned by the California Secretary of State’s Office. This information is used for checking if a corporation is in good standing and qualified to conduct business in California.

Complete, if applicable, by indicating the type of license and/or certification that your firm possesses and that is required for the type of services being procured.

10, 11, 12, 13

Must be completed. These items are self-explanatory.

If certified as a California Small Business, place a check in the "Yes" box, and enter your certification number on the line. If certified as a Disabled Veterans Business Enterprise, place a check in the "Yes" box and enter your service code on the line. If you are not certified to one (1) or both, place a check in the "No" box. If your certification is pending, enter the date your application was submitted to OSBCR.

CAL FIRE

ATTACHMENT 3

Bidder’s Company Name:

RATE SHEET

Item No.

Estimated Quantity

Unit of Measure Item Description Unit Price*

(Price Per Unit of Measure) Total*

(Estimated Quantity X Unit Price)

1 250 Per Review (per grantee)

Review draft design concepts for Green Schoolyards grantees as described in Exhibit A, Scope of Work $ $

2 250 Per Review (per grantee)

Review construction documentation as described in Exhibit A, Scope of Work $ $

3 500 Per Meeting (virtual or in-person)

Introductory & follow-up meetings with Regional Urban Forester, Architect, Grantee as described in Exhibit A, Scope of Work

4 250 Per Review Coordination with Architect for DSA Compliance as described in Exhibit A, Scope of Work $ $

5 10 Per Meeting (virtual or in-person)

Attendance at district leadership meetings as described in Exhibit A, Scope of Work $ $

6 10 Per Event Travel logistics coordination for in-person meetings as described in Exhibit A, Scope of Work $ $

7 15 Per Session (virtual or in-person)

Design and lead professional development sessions as described in Exhibit A, Scope of Work $ $

8 15 Per Session Session coordination, content preparation, and follow-up as described in Exhibit A, Scope of Work $ $

9 30 Per Meeting (zoom or in-person)

Introductory & follow-up meetings with grantees as described in Exhibit A, Scope of Work $ $

10 30 Per Feedback Document

Provide written feedback to grantees on engagement plans described in Exhibit A, Scope of Work $ $

Department of Forestry and Fire Protection

11 10 Per Presentation (virtual or in-person)

Prepare and deliver presentations for Green Schoolyards Network meetings as described in Exhibit A, Scope of Work $ $

12 10 Per Event Answer questions and provide resources to Green Schoolyards Network as described in Exhibit A, Scope of Work $ $

13 15 Per Meeting (virtual or in-person)

Attend policy-related meetings as described in Exhibit A, Scope of Work $ $

14 15 Per Report Provide written recommendations on policy and inter-agency alignment as described in Exhibit A, Scope of Work $ $

15 15 Per Event Coordinate and prepare for policy meetings as described in Exhibit A, Scope of Work $ $

*All-Inclusive Costs

Department of Forestry and Fire Protection

Submitted by: __________________________________________________ Date: __________________________

Contact Name / Title:

Company Name:

Company Address:

Telephone Number:

Fax Number:

E-Mail Address:

Estimated quantities are not guaranteed and is not binding on the contracting agency. The Total Costs indicated above will be used solely for computing the cost as a fair and equitable formula to determine the low bidder and is not binding on the contracting agency.

However, the actual costs quoted above by the bidder shall be binding for the term of the Agreement.