INVITATION FOR BID

PROJECT

Event #37471

Pressure Washer Replacement

LOCATION

Stockton AASF & CSMS

2000 Stimpson Rd 8020 S. Airport Way Stockton, CA 95206

MANDATORY JOB WALK

1/14/2026

11:00 AM

Q&A END DATE

1/21/2026

4:00 PM

BID OPENING DATE

2/4/2026

2:00 PM

PUBLIC WORKS CONTRACT ADMINISTRATOR

Robert Hawkins

Robert.hawkins@cmd.ca.gov

Issued

1/7/2026 by

STATE OF CALIFORNIA

OFFICE OF THE ADJUTANT GENERAL

CALIFORNIA MILITARY DEPARTMENT

Purchasing and Contracting Branch 10601 Bear Hollow Drive, Box 12

Rancho Cordova, California 95670-6350

Pressure Washer Replacement Stockton AASF & CSMS

EVENT #37471

TABLE OF CONTENTS

SECTION 1

NOTICE TO CONTRACTORS

1-1 to 1-9

SECTION 2

GENERAL CONDITIONS OF PUBLIC WORKS CONTRACT

2-1 to 2-40

SECTION 3

BID SUBMISSION, CONTRACT AWARD, AND INSURANCE

LIABILITY

3-1 to 3-3

SECTION 4

SCOPE OF WORK

05 Pages

PROPOSAL FORM 4-1 to 4-6

BIDDER’S REFERENCES 1 Page

NONCOLLUSION AFFIDAVIT (PCC 7106) 1 Page

SMALL BUSINESS PREFERENCE AND CERTIFICATION

REQUEST (STD 811)

1 Page

BIDDER DECLARATION (GSPD-05-105) 2 Pages

DVBE DECLARATIONS (DGS PD 843) 1 Page

DARFUR CONTRACTING ACT (PCC 10478) 1 Page

IRAN CONTRACTING ACT VERIFICATION FORM (PCC

2022-2208)

1 Pages

CONTRACTOR CERTIFICATION CLAUSES (CCC 04/2017) 4 Pages

CIVIL RIGHTS LAWS CERTIFICATION (PCC 2010) 1 Page

Section 1 | 1

1-01. The State of California Military Department will accept bids until 2:00 PM on 2/4/2026 from qualified bidders, who attended the pre-bid job walk on 1/14/2026 at 11:00 AM, offering to provide equipment, materials, labor, licenses, bonds and insurance required for the Pressure Washer Replacement located at Stockton AASF & CSMS, 2000 Stimpson Rd and 8020 S. Airport Way Stockton, CA 95206. Work to include: The Contractor shall provide all labor, materials, equipment, permits and supervision to replace two existing hot water pressure washers at two seperate facilities on the National Guard Stockton Campus with new equipment, utility connections, testing, and 36 months of semi-annual, and annual maintenance services at both facilities. All work shall be in accordance with the terms, conditions, and requirements of this Invitation for Bid (IFB). Bid submissions shall be emailed to PWC@cmd.ca.gov with the subject title “BID FOR EVENT# 37471

- DO NOT OPEN”.

All questions regarding this IFB must be submitted to Robert Hawkins at Robert.hawkins@cmd.ca.gov no later than 4:00 PM on 1/21/2026. Email subject lines must state “RFI FOR EVENT# 37471”. If an addendum is necessary, it will be issued in the event package Event Search (ca.gov) prior to the Bid Opening.

To be considered a responsive bidder all prime contractors with the exception of a certified Disabled Veterans Business Enterprise (DVBE) must subcontract work to DVBEs a minimum of 5% to meet the DVBE participation goal. Failure to do so will render your bid non-responsive. All DVBEs must be listed as a subcontractor on the proposal form no matter if they are a subcontractor or supplier with the dollar amount of work they will be providing. In addition, the DVBEs must also be included on the Bidder Declaration Form and the DVBE Declaration Form 843. Failure to include the DVBE on these three forms will render your bid non-responsive. As of July 28, 2009, The Good Faith Effort is no longer an option per Assembly Bill 21. The prime contractor may subcontract to a DVBE supplier, or a subcontractor directly related to the project. The Contracting Officer will make the final determination if a bidder has met this requirement.

Prospective bidders MUST attend the mandatory pre-bid job walk on 1/14/2026, at 11:00 AM at Stockton AASF & CSMS, located at 2000 Stimpson Rd, Stockton, CA, 95206. Arrive at least 15 minutes early and bring business cards. Failure to arrive at the designated meeting location by the scheduled start time may result in disqualification from submitting a bid. Prospective bidders shall not proceed directly to the job site unless directed to do so in writing by the Contracting Officer. All prospective bidders must comply with current federal identification requirements, such as the California REAL ID, when accessing federal facilities. Prospective bidders may obtain directions to the pre-bid job walk site by contacting Robert Hawkins at Robert.hawkins@cmd.ca.gov.

1-02. At 2:00 PM, on 2/4/2026 all bids received will be reviewed for responsiveness and responsibility. Bid results will not be divulged by telephone or email. Official bid results will be posted on the Cal eProcure website: Event Search (ca.gov), Department #8940, change event status to Historical and type Event #37471.

A. Basis of award of this contract will be to the lowest responsive bid from a qualified, responsible bidder, considering the Small Business (SB) and Disabled Veteran’s Business Enterprise mailto:PWC@cmd.ca.gov https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx

Section 1 | 2

Preference (DVBE). Responsiveness is based on the bidder providing all of the required documentation. Being considered responsible is based on past performance and financial capability. The contracting officer shall make the final determination.

B. Bidders certified as a “Disabled Veteran’s Enterprise Businesses” in accordance with Government Code 14600, 14615, 14838, California Military and Veteran’s Code 999 and California Code of Regulations 1896.98 et seq. shall be granted up to five percent (5%) bid preference when a responsible non-Disabled Veteran’s Enterprise Business has submitted the lowest-priced, responsive bid.

C. Disabled Veteran Business Enterprise Participation: Preference will be granted to bidders properly approved as a "Disabled Veteran’s Enterprise Businesses (DVBE)" in accordance with Government Code 14600, 14615, 14838, California Military and Veteran’s Code 999 and California Code of Regulations 1896.98 ET SEQ. The rules and regulations of this law, and applications for preference, should be obtained from Department of General Services, Small Business and DVBE Services, telephone number (916) 375-4339.

D. Bidders are required to submit proposals based solely on the contract documents i.e. (drawings, specifications, and any addendums applicable). Any additions, deletions or changes to the contract documents must be incorporated in an addendum to be applicable. Any information provided on a pre-bid job walk that conflicts or is an addition/deletion to the contract documents is only applicable if an addendum is issued.

E. The Prime Contractor shall self-perform on the site (trade work) with its own organization, work equivalent to at least twenty percent (20%) of the total amount of work to be performed under the contract. The Prime Contractor shall provide at all times sufficient competent labor, materials, and equipment to properly carry on the work and to ensure completion within the time agreed.

F. During the bid opening in the event of a tie, the Military Department Contracting Officer shall conduct a coin toss to determine award. The coin toss shall be witnessed by a minimum of two personnel whose signatures and titles shall be posted to the bid results.

G. Bidder will be required to certify that his firm will comply with the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.), which will be included in any contract. (See paragraph 1-11).

H. Bidders must also complete the Non-collusion Affidavit (Attachment 4) and return with the bid documents. Bids received without the Non-collusion Affidavit may be rejected as non-responsive.

I. 20-DAY PRELIMINARY NOTICE: In the event a 20-Day Preliminary Notice is filed on behalf of any subcontractors, material men/suppliers, or other non-contractor claimants providing services and/or materials for the primary contractor in conjunction with this project, a signed release by the person or firm filing said notice must be furnished the Military Department before final payment will be made.

J. Bidders must comply with the Buy Clean California Act (BCCA) (Public Contract Code Sections 3500-3505), which states the Department of General Services (DGS), in consultation with the California Air Resources Board (CARB), is required to establish and publish the maximum acceptable Global Warming Potential (GWP) limit for four eligible materials. The BCCA targets carbon emissions associated with the production of structural steel (hot-rolled sections, hollow structural sections, and plate), concrete reinforcing steel, flat glass, and mineral wool board https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=2.&chapter=3.&part=1.&lawCode=PCC&article=5.

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=2.&chapter=3.&part=1.&lawCode=PCC&article=5.

Section 1 | 3 insulation. When used in public works projects, these eligible materials must have a GWP that does not exceed the limit set by DGS.

Contractor agrees to recognize the mandatory standards and policies relating to BCCA and will provide GWP limit compliance of eligible materials using Environmental Products Declarations (EPDs). Maximum acceptable GWP limits were established on January 1, 2022 and can be found in the GWP Limits section Buy Clean California Act. Please see attached table and requirements as specified on the proposal form.

1-03. If awarded the contract, contractor agrees to sign the contract, to furnish the bonds called for herein, and to commence work within ten (10) business days of notification by the Military Department Contract Manager.

A. A PAYMENT BOND, Standard Form 807, in the amount of 100% of the contract amount must be submitted by the successful bidder at the time signed contracts are returned to the Military Department if the contract exceeds $25,000.00.

B. A PERFORMANCE BOND, in the amount of 100% of the contract amount must be submitted by the successful bidder at the time signed contracts are returned to the Military Department if the contract exceeds $10,000.00 and progress payments will be made.

C. A BID BOND, in the amount of at least 10% of the bid amount must be submitted by the contractor with the Proposal Form if the contract exceeds $25,000.00 utilizing a bond form provided by the Surety.

1. The bid bond must include the Event Number and must identify the owner as:

California Military Department 10601 Bear Hollow Drive Rancho Cordova, California 95670-6350

D. Bonds must be issued by a California-admitted surety. (CCP § 995.311.)

1-04. The State is seeking a single not to exceed quotation to be inclusive of all contractors’ costs involved in performing the full scope of this service.

A. Bids must be submitted for the entire work described therein. Any deviation from the specification will not be considered and will be cause for rejection of bid.

B. The Military Department reserves the right to reject any or all bids.

C. The prime contractor/bidder must be licensed by the State of California, Contractors State License

Board (CSLB) in compliance with the following to perform services identified in the Technical Specifications:

Possess a type C-36 - Plumbing Contractor License or subcontract to one.

All listed subcontractors must provide the required licenses/certificates listed above and in Section 4 (Scope of Work) upon bid opening; failure to comply with this requirement may be considered non-responsive and may lead to the rejection of your bid.

https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Buy-Clean-California-Act

Section 1 | 4

D. All subcontractors must be licensed by the CSLB for the trade in which they will be performing. Bidders must list all subcontractors and subcontractor license numbers on page 4-4 of the bidder’s proposal form.

E. Progress payments are at the sole discretion of the Contracting Officer. Contractor may request no more than one (1) progress payment per every 30 Calendar Days during the performance of work. If authorized by the Military Department Contracting Officer, progress payments shall not exceed 95% of the value of the completed work and of materials delivered to the work site.

F. Contractor will be allowed 1095 Calendar Days to complete this project. The period of performance start date will be the job start meeting date in which the Contractor and the PM shall conduct within 7 days after receipt of the fully executed contract and issuance of the Notice to Proceed.

G. All subcontractors utilized in the performance of this specification must be licensed appropriately in accordance with Title 16, Contractors License Law.

H. Contractors bidding on this project will be required to furnish license number and date of expiration of said license for themselves and any subcontractors used in the performance of this specification. Failure to provide such information on the Proposal Form may result in bid being rejected [Reference BPC § 7028.15(e)].

I. In accordance with the provisions of Section 1773 of the Labor Code, the Director of the

Department of Industrial Relations has ascertained the generally prevailing rate of wages applicable to the County in which the work is to be done. Included therein are employer payments for health and welfare, vacation, pension, apprenticeship or other authorized training programs, and similar purposes. Holidays shall be as defined in the collective bargaining agreement applicable to the classification(s) employed on the project.

J. Copies of the General Prevailing Wage rate for the applicable labor classification(s) are available at the web site for the State of California, Department of Industrial Relations-Division of Labor Statistics and Research at www.dir.ca.gov/DLSR.

K. Pursuant to Labor Code, Section 1773.2, the Military Department has access to copies of the

General Prevailing Wage Rate for the applicable labor classification(s) and will make such available to any interested party upon request.

L. Requests for prevailing wage determinations must be made in writing and submitted to the Military

Department at 10601 Bear Hollow Drive, Box 12, Rancho Cordova, CA 95670-6350, Attention:

Purchasing and Contracting Branch. The Military Department will not respond to requests submitted within five (5) working days of the bid opening.

M. Request For Information (RFI) must identify the geographical location for the basic trade and the appropriate determination(s) for the work to be performed.

N. Contractors may be required to fully participate in the utilization of the CMD Project Management Software commonly referred to as Procore, which specific requirements are further outlined in the contract. This participation shall include but is not limited to Submittals, Daily Logs, Contract Management, RFI’s, Drawings, Addenda’s, Bulletins, ASI’s, Transmittals, Inspections, Inspection Requests, Observations, Punch Lists, As-Builts, Photos, Specifications and any Other Documents that are necessary and pertinent to the efficient and complete performance of the proposed http://www.dir.ca.gov/DLSR

Section 1 | 5 project. Use of Procore shall be included in any bidder’s proposal and will not be grounds for additional compensation.

1-05. Contractor must provide qualified, licensed, and trained personnel during the contract period.

A. Specific schedule and definition of level of service will be found in Section 4 – Technical Specifications - of this IFB.

B. All services called for in this IFB and the resulting contract will be performed in accordance with the specific requirements and schedule of performance found in Section 4.

C. Costs of developing and submitting proposals are entirely the responsibility of bidding individuals/firm and shall not be chargeable to or paid by the State of California.

1-06. Questions regarding this IFB should be directed as follows:

Technical specifications, worksite condition contractor responsibilities, contract administration, contractor qualifications and rules of bidding, please contact the Contract Administrator, Robert Hawkins at Robert.hawkins@cmd.ca.gov. Email subject lines must state “RFI FOR EVENT# 37471”.

1-07. The use of the proposal forms provided in this IFB is mandatory (or a copy of the attached forms).

1-08. Bidders requesting small business preference must check and sign the appropriate area on the bid proposal forms.

1-09. Contract Standard Clauses. Bidder awarded a contact pursuant to this IFB will be required to sign contract documents containing the following provisions:

A. The Contractor agrees to indemnify and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, material men, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the contractor in the performance of this contract.

B. The Contractor, and the agents and employees of Contractor, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of the State of California.

C. The State may terminate this agreement and be relieved of the payment of and consideration to

Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. The cost to the State shall be deducted from any sum due the contractor under this agreement and the balance, if any, shall be paid the Contractor upon demand.

D. Without the written consent of the State, this agreement is not assignable by Contractor either in whole or in part.

Section 1 | 6

E. Time is of the essence in this agreement.

F. No alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.

G. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of

Contractor's expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly provided.

H. Contractor swears under penalty of perjury that no more than one final unappealable finding of contempt of court by a Federal Court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of the National Labor Relations Board.

I. This contract may be amended during the period of contract performance, subject to the mutual agreement of parties.

J. This contract shall be subject to and construed in accordance with the laws of the State of

California, whether or not specifically cited herein.

K. This agreement contains all the terms and conditions agreed to by all parties. No other understanding, oral or otherwise, regarding the subject matter of this agreement, shall be deemed to exist or to bind any of the parties hereto.

L. The contractor agrees to recognize the mandatory standards and policies relating to the energy efficiency in the State Energy Conservation Plan Title 23, California Code of Regulations, as required by the U.S. Energy Policy and Conservation Act (Public Law 94-165).

M. Contractor shall not enter into any subcontracts for the performance of the principal services to be rendered under this agreement without the express consent in writing of the State. Any subcontractors authorized to provide such services must meet and comply with all requirements set forth in this agreement.

N. All Contracting parties shall be subject to the examination and audit of the Auditor General for a period of three years after final payment under the contract (Government Code Section 10532) should the contract amount exceed $10,000.00.

O. Contractor agrees that the Military Department or its designee will have the right to review, obtain, and copy all records pertaining to performance of the contract. Contractor agrees to provide the Military Department with any relevant information requested and shall permit the Military Department access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with Public Contract Code Section 10115 et. seq. and Title 2, California Code of Regulations, Section 1896.60 et. seq. and for the purpose of determining compliance with the State requirements. Contractor further agrees to maintain such records for a period of three

(3) years after final payment under the contract.

P. This agreement is valid and enforceable only if sufficient funds are made available by the Budget

Acts for those state fiscal years as represented under this contract. This contract is further subject

Section 1 | 7 to any additional restrictions, limitations, or conditions enacted by the Legislature and contained in the above Budget Bills or any statute enacted by the Legislature which may affect the provisions, terms, or funding of this or any subsidiary contract in any manner.

Q. When submittals are required for a project, the Government shall absorb the cost of review for the original submittal request and one re-submission for every submittal. However, for any additional reviews the contractor shall be back charged for the Contract Manager’s and Architect/Engineer’s review time at a cost of $100.00 per hour.

R. When Request for Information (RFI)s are submitted on a project, the Government shall absorb the cost of review for the original RFI and one clarification. However, for any additional RFIs for the same issue, the contractor shall be back charged for the Contract Manager’s and Architect/Engineer’s review time at a cost of $100.00 per hour.

1-10. Contracts resulting from this IFB will be inclusive of the provisions of the standard clauses above, Section 2 (General Conditions), Section 3 (Insurance Liability Requirements), and Section 4 (Technical Specifications) as fully set out in this solicitation.

1-11. Cancellation, Modification, and Waiver: The Military Department reserves the right to cancel or modify this IFB, in whole or in part. The Military Department may reject any or all bids or proposals for cause and may waive any immaterial deviation or defect in a bid or proposal. The Military Department's waiver of a deviation or defect shall in no way modify the IFB documents or excuse the contractor from full compliance with the IFB specifications if awarded the contract.

1-12. Drug-Free Workplace Certification: Senate Bill 1120, Chapter 1170, Statutes of 1990, requires state contractors to maintain a "drug-free workplace". By signing this contract, the contractor or grantee hereby certifies under penalty of perjury under the laws of the State of California that the contractor or grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and will provide a drug-free workplace by taking the following actions:

A. Every contractor must comply with the following:

1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a).

2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following:

a. the dangers of drug abuse in the workplace;

b. the person’s or organization’s policy of maintaining a drug-free workplace;

c. any available counseling, rehabilitation, and employee assistance programs; and,

d. penalties that may be imposed upon employees for drug abuse violations.

3. Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed contract:

a. will receive a copy of the company’s drug-free statement; and,

b. will agree to abide by the terms of the company’s statement as a condition of employment on the contract.

Section 1 | 8

B. Failure to comply with these requirements may result in suspension of payments under the contract or termination of the contract or both and the contractor or grantee may be ineligible for award of any future state contracts if the department determines that any of the following has occurred: (1) the contractor or grantee has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

1-13. Bidders certified as a “Small Business” in accordance with Title 2, California Code of Regulations, Section 1896, et seq. shall be granted a five percent (5%) cost bid preference when a responsible non-small business has submitted the lowest-priced, responsive bid.

A. The rules and regulations of this law and applications for the State of California Small Business preference may be obtained from:

State Department of General Services, Procurement Division, Office of Small Business and DVBE Certification, 707 Third Street, 1st Floor, Room 400, West Sacramento, California 95605 - (916) 375-4940 voice, (916) 375-4950 24-hour recording, (916) 375-4950 facsimile.

B. Bidder’s small business status and disabled veteran business enterprise status shall be verified with the Office of Small Business and DVBE Certification. Bidders claiming small business and/or DVBE status must be certified prior to bid opening.

In the event of a precise tie after all preferences and incentives have been applied a contract award shall be made as follows:

Tie between a: Award to:

Certified Small Business and certified DVBE who is a certified Small Business after incentive has been applied Certified DVBE

Certified Small Business and a non-small business after preference has been applied Certified SB

1-14. A certified Small Business (SB) shall receive a 5% preference on a bid proposal when a responsible non-small business has submitted the lowest priced responsive bid.

A certified Disabled Veterans Business Enterprise (DVBE) shall receive a 5% incentive on a bid proposal when a responsible non-DVBE has submitted the lowest priced responsive bid.

A firm that is certified as both a SB and DVBE shall receive a 10% preference on a bid proposal when a responsible non-small business and non-DVBE has submitted the lowest priced responsive bid.

The value of the SB or DVBE preferences is limited to $50,000.00 each or a maximum of $100,000.00 if the prime contractor is both a SB and a DVBE when a contract award is based upon award to the lowest compliant bid.

For low-cost awards, application of the DVBE incentive cannot displace award to a #1 ranked small business.

A 5% preference shall be offered to a non-small business (non-SB) that commits to subcontract at least 25 percent (25%) of its net bid price to a California certified SB(s) per Government Code

Section 1 | 9

Section 14838(b). SB and MB bidders shall have precedence over non-SB bidders in that application of the preference for which a non-SB bidder may be eligible shall not result in the denial of the award to a SB or MB bidder, per Government Code Section 14838(f).

1-15. The California Taxpayer and Shareholder Protection Act of 2003, Public Contract Code section 10286, et seq., which prohibits state agencies from contracting with expatriate companies, unless they satisfy minimum requirements related to shareholder rights, or obtain a waiver, effective April 1, 2004. An expatriate company is a United States company that has moved, in name and on paper only, to a tax haven country (typically Bermuda or the Bahamas) and has no substantial business activities in the country of reincorporation.

1-16. All bids must have reached the Purchasing and Contracting Branch prior to bid opening time. Proof of receipt prior to the deadline is a Military Department Purchasing and Contracting Branch Date Stamp or email time stamp. Bidders are cautioned that internal State handling of mail can add up to 24 hours to delivery time within the Department prior to date stamping.

END OF SECTION 1

GENERAL CONDITIONS OF

PUBLIC WORKS CONTRACT

Section 2 | 1

GENERAL CONDITIONS OF PUBLIC WORKS CONTRACT

2-01. GENERAL

The following general conditions apply to Standard Agreements and informal Contracts alike. They refer briefly to provisions of the State of California Labor Code, Business and Professions Code, and the State Contract Act, all provisions of which are applicable in full.

2-02. BIDDING REQUIREMENTS AND CONDITIONS

A. Examination of Plans, Specifications and Site of the Work:

1. Contractor's Responsibility: The bidder shall carefully examine the work site and the plans and specifications. The bidder shall investigate and become satisfied with the site conditions to be encountered, the character, quality and quantity of surface, and subsurface materials or other obstacles to be overcome, the work to be performed, materials to be furnished, and as to all requirements of the proposal, plans, and specifications of the contract hereinafter referred to as the “Work”.

2. Responsibility for Utilities: The contractor shall be responsible for payment of all costs of the work required by the existence or proximity of utilities encountered in performing the work, including without limitation, repair of any damage hand or exploratory excavation required. If during the course of the work the contractor encounters utility installations which are not shown or indicated in the plans or in the specifications, or which are found in a location substantially different from that shown in the contract documents, the contractor must promptly notify the State in writing.

B. Discrepancies or Errors: If omissions or discrepancies are found in the plan and specifications prior to the date of bid opening, bidders are required to submit a written request for clarification to the State. Any clarification will be given in the form of an addendum to all bidders if time permits.

Otherwise, in figuring the work, bidders shall consider that any discrepancies or conflict between drawings and specifications shall be governed by Article 2-05E.

C. Proposal Forms: The Military Department will furnish to each bidder a standard proposal form which, when filled out and executed, shall be submitted as the bid. Bids not presented on forms so furnished may be disregarded. All proposals shall give the prices proposed, both in writing and figures, and shall be signed by the bidder or a duly authorized representative, with his address.

Proposals made by an individual, shall include the bidder's name and post office/mailing address;

if made by partnership, the name and post office/mailing address of the partnership, and the signa-ture of one or more partners must be shown: if made by a corporation, the proposal shall show the name of the state of incorporation, the name of the corporation and the title of the person who signs on behalf of the corporation along with evidence of authority to sign.

D. List of Subcontractors: Each proposal shall have listed therein the name and address of each subcontractor to whom the bidder proposes to subcontract portions of the work in an amount in excess of one-half of one percent (1/2 of 1%) of the total bid, in accordance with Chapter 2, Division 5, Title 1, of the Government Code.

Section 2 | 2

E. Rejection of Irregular Proposals: Proposals may be rejected if they show any alterations of form, additions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind.

F. Withdrawal of Proposals: Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids, provided that a request in writing, executed by the bidder or his duly authorized representative, for the withdrawal of such bid is filed with the Military Department. A telegraphic request or electronic (e-mail) request is not acceptable. The withdrawal of a bid shall not prejudice the right of a bidder to file a new bid within the time specified. This article does not authorize the withdrawal of any bid after the time fixed in the public notice for the opening of bids.

G. Public Opening of Proposals: Proposals will be opened publicly and read at the time and place indicated in the Invitation for Bidders. Bidders or their authorized agents and the general public are invited to be present.

H. Competitive Bidding:

1. If more than one proposal is offered by an individual, partnership, corporation, association, or any combination thereof, under the same or different names, all such proposals may be rejected. A party who has quoted prices on materials or work to a bidder as a supplier or subcontractor is not thereby disqualified from quoting prices to other bidders.

2. All bidders are put on notice that any collusive agreement fixing the prices to be bid so as to control or affect the awarding of this contract is in violation of the competitive bidding require-ments of the State Contract Act and may render void any contract let under such circumstances.

2-03. AWARDS AND EXECUTION OF CONTRACT

A. Award of Contract: The right is reserved to reject any and all proposals. The award of the contract, if awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed. If the lowest responsible bidder refuses or fails to execute the contract, the Military Department may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder refuses or fails to execute the contract, the Military Department may award the contract to the third lowest responsible bidder and so on and so forth. The Military Department will make the award of the contract on the date of the determination of the successful bidder.

B. Contract Bonds:

1. Prior to the commencement of performance, the contractor must obtain and provide to the

State, a payment bond, on Standard Form 807, when the contract involves a public works expenditure (labor/installation costs) in excess of $24,999.99. Such bond shall be in a sum not less than one hundred percent (100%) of the contract price. Forms shall be provided to the contractor. The contractor shall ensure the payment bond remains in full force and effect during execution of the contracted work, the guarantee period and through such time that all subcontractors and suppliers are paid in full by the contractor.

2. If the contract amount is less than $25,000, and a subsequent change order or contract amendment causes the total amount of the contract to exceed $24,999.99 then a payment bond will be required in the amount of one hundred percent (100%) of the new contract total amount.

Section 2 | 3

3. If the contract amount exceeds $9,999.99 and progress payments will be made, a performance bond in the amount of 100% of the contract amount must be submitted by the successful bidder at the time signed contracts are returned to the Military Department. The contractor shall ensure the performance bond remains in full force and effect during execution of the contracted work and guarantee period.

4. If the proposed bid amount exceeds $24,999.99, the contractor must submit a bid bond in the amount of at least 10% of the bid amount with the Proposal Form utilizing a bond form provided by the Surety.

5. Bonds must be issued by a California-admitted surety. (CCP § 995.311.)

C. Execution of Contract:

1. The contract shall be signed by the successful bidder and returned within 10 business days of receipt, not including Saturdays, Sundays, and legal holidays, together with the contract bonds.

No contract shall be binding upon the State until the contractor receives a fully executed contract signed and approved by the Military Department.

2. Contractor shall not begin work without the Notice to Proceed. If the contractor begins work prior to contract approval and receipt of the "Notice to Proceed", the contractor’s sole remedy shall be to seek payment by filing with the Victim Compensation Board. The state has no legal obligation to the contractor until the contract is approved and “Notice to Proceed” has been issued.

D. Failure to Execute Contract: Failure to sign a contract and file acceptable bonds as provided herein within the required time mentioned above in paragraph C-1, shall be just cause for the annulment of the award. If the successful bidder refuses or fails to sign the contract, the Military Department may award the contract to second lowest responsible bidder. If the second lowest responsible bidder refuses or fails to execute the contract, the Military Department may award the contract to the third lowest bidder. Bidder who refuses to execute the contract may be held liable for additional costs to the State and/or claims against any bid bond.

E. When submittals are required for a project, the Government shall absorb the cost of review for the original submittal request and one re-submission for each submittal. For any additional reviews the contractor will be charged for the Contract Manager’s and Architect/Engineer’s review time at a cost of $100.00 per hour. Payment will be due as determined in the sole discretion by the Contracting Officer and will not be prorated in less than one-hour increments.

F. When Request for Information (RFI)s are submitted on a project, the Government shall absorb the cost of review for the original RFI and one clarification. For any additional RFIs regarding the same or similar issue, the contractor will be charged for the Contract Manager’s and Architect/Engineer’s review time at a cost of $100.00 per hour. Payment will be due as determined in the sole discretion by the Contracting Officer and will not be prorated in less than one-hour increments.

G. Americans With Disabilities Act (ADA): By signing the contract, the Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C. 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.

Section 2 | 4

2-04. LEGAL, RELATIONS, AND RESPONSIBILITY

A. Regulations and Protection:

1. The contractor shall keep informed of and comply with and cause all of his agents and employees to observe and comply with all prevailing Federal and State laws, and all rules and regulations issued made pursuant to said Federal and State laws, which in any way affect the conduct of the work of this contract.

2. The contractor shall obtain and pay for all permits and licenses required for excavating or other work on or in public streets, road or sidewalks, and shall comply with all laws in connection therewith. If any conflict arises between provisions of the plans and specifications and any such law the contractor shall notify the State at once in writing. The contractor shall protect and indemnity and defend the State or any of its officers, agents, and servants against any claim or liability arising from or based on the violation of any such law or regulation by the contractor or its agents or employees.

3. Neither the State nor the contractor is subject to municipal, county, or district laws, rules or regulations pertaining to building permits or regulating the design or construction of buildings upon State property.

4. The contractor shall be responsible for and provide and maintain all proper temporary walks, roads, guards, railings, lights, warning signs, and take precaution at all times to avoid injury or damage to any person or any property, and upon completion of the work, or at proper times as directed by the PM, shall restore the premises and adjacent property to proper condition.

5. The contractor shall protect adjoining property and nearby buildings, including State buildings, State roads, and public streets or roads, from dust, dirt, debris, or other nuisance arising out of the contractor's operations or storage practices. Sprinkling or other effective methods acceptable to the State shall control dust.

6. No advertising by the contractor will be permitted in or about the work except by written order of the State.

B. Laws to be Observed:

1. Labor Discrimination: Attention is directed to Section 1735 of the Labor Code, which reads as follows: "No discrimination shall be made in the employment of persons upon public works because of race, color, or religion of such persons and every contractor for public works violating this section is subject to all the penalties for violation of this chapter”.

2. Labor Code Certifications:

a. The contractor certifies “I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code and I will comply with such provisions before commencing the performance of the work of this contract.”

b. It is hereby mutually agreed that the contractor shall forfeit to the state a penalty of fifty dollars for each calendar day, or portion thereof, for each worker paid by him or her, or

Section 2 | 5 subcontractor under him or her, less than the prevailing wage so stipulated and in addition the contractor further agree to pay to each worker the difference between the actual amount paid for each calendar day, or portion thereof, and the stipulated prevailing wage rate for the same. This provision shall not apply to properly, registered apprentices.

c. It is further agreed that the maximum hours a worker is to be employed is limited to eight hours a day and 40 hours a week and the contractor shall forfeit, as a penalty to the state, twenty-five dollars for each worker employed in the execution of the contract for each calendar day during which a worker is required or permitted to labor more than eight hours in any calendar day or more than 40 hours in any calendar week, in violation of Labor Code Sections 1810-1815, inclusive. Work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half times the basic rate of pay, as provided in Labor Code Section 1815.

d. The wage rates set forth are the minimum that may be paid by the contractor. Nothing herein contained shall be construed as preventing the contractor from paying more than the minimum rates set forth. No extra compensation whatsoever will be allowed by the State due to inability of the contractor to hire labor at the minimum rates, nor for any necessity for payment by the contractor of subsistence, travel time, overtime, or other added compensations, all of which possibilities are elements to be considered and ascertained to the contractor's own satisfaction in preparing his bid.

e. Travel and subsistence payments shall be paid to each worker needed to execute the work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.

f. Each contractor and subcontractor shall comply with the Labor Code section 1776 regarding record keeping.

g. In accordance with the provisions of Section 1773 of the Labor Code, the Director of the Department of Industrial Relations has ascertained the generally prevailing rate of wages applicable to the County in which the work is to be done on this contract. Included therein are employer payments for health and welfare, vacation, pension, apprenticeship or other authorized training programs, and similar purposes. Holidays shall be as defined in the collective bargaining agreement applicable to the classification(s) employed on the project.

h. Copies of the General Prevailing Wage rate for the applicable labor classification(s) are available at the web site for the State of California, Department of Industrial Relations- Division of Labor Statistics and Research at www.dir.ca.gov/DLSR.

i. By signing the contract, the contractor swears under penalty of perjury that no more than one final un-appealable finding of contempt of court by a federal court has been issued against the contractor with the immediately preceding two-year period because of the contractor’s failure to comply with an order of a federal court which orders the contractor to comply with an order of the Nation Labor Relations Board.

j. Properly registered apprentices may be employed in the prosecution of the work. Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he or she is employed and shall be employed only at the work http://www.dir.ca.gov/DLSR

Section 2 | 6 of the craft or trade to which he or she is registered. The contractor and each subcontractor must comply with the requirements of Labor Code Section 1777.5 and any related regulations regarding the employment of registered apprentices.

C. Registration of Contractors: All businesses or individuals, who construct, offer to construct, or alter any building, highway, road, parking facility, railroad, excavation, or other structure in California must be licensed by the California Contractors State License Board (CSLB) if the total cost (labor and materials) of one or more contracts on the project is $1,000.00 or more. Contractors, including subcontractors, specialty contractors, and persons engaged in the business of home improvement must be licensed before submitting bids. Licenses may be issued to individuals, partnerships, corporations, or joint ventures.

D. Responsibility for Damage: Neither the State of California, The Adjutant General, nor any officer or employee of the Military Department shall be accountable in any manner, for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work, or for injury to any person or persons, either worker or the public, for damage to property from any cause which might have been prevented by the contractor, or any contractor's employee against all of which injuries or damages to persons and property the contractor having control over such work must properly guard. The contractor shall be responsible for any liability imposed by law for any damage to any person or property resulting from defects or obstructions or from any cause whatsoever during the progress of the work or at any time before the completion and final acceptance. The contractor shall indemnity and save harmless the State of California, the Adjutant General, and all officers and employees of the Military Department from all units or actions of every name, kind and description, brought for, or on account of any injuries or damages received or sustained by any person or persons, by or from the contractor, or any contractor's employee or agents, in the construction of the work or by or in consequence of any negligence in guarding the same, in improper materials used in its construction, or by or on account of any act or omission of the contractor or contractor's agents.

E. Occupancy by the State Prior to Acceptance:

1. The State reserves the right to occupy all or any part of the project prior to completion of the entire contract, upon written notice to the contractor. In such event, the contractor will be relieved of responsibility for any injury or damage to such part as may result from such occupancy and use by the State.

2. Such occupancy does not constitute waiver of any rights or acceptance by the State either of the complete work or of any portion thereof, nor will it relieve the contractor of full responsibility for correcting defective work or materials found at any time before the formal written acceptance of the entire contract or during the full guaranty period after such acceptance, as specified in Article 2-07C.

F. Contractor's Responsibility for Work:

1. Until the written acceptance of the Work, the contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part of the work by the action of the elements or from any other cause whether arising from execution or from the non-execution of the work.

2. The contractor shall immediately rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before its completion and acceptance and shall bear the expense thereof. In case of suspension of work any cause

Section 2 | 7 whatsoever, the contractor shall be responsible for the work as above specified and shall also be responsible for all materials, and shall properly store them if necessary, and shall provide suitable drainage and erect temporary structures when necessary.

G. No Personal Liability: Neither the Adjutant General, nor any other officer or authorized employees of the Military Department shall be personally responsible as an individual for any liability arising under the contract.

H. Fair Employment Practices:

1. The contractor will not willfully discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, age, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color religion, ancestry, sex, age, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation, and selection for training, including apprenticeship.