Request_for_Proposal_(RFP)_P08722307.pdf

State of California Department of Corrections and Rehabilitation

California Prison Industry Authority 560 East Natoma Street Folsom, CA 95630-2200 www.pia.ca.gov

March 11, 2024

REQUEST FOR PROPOSAL (RFP)

RFP No. P08722307

MODULAR BUILDING ENTERPRISE (MBE) CRANE SERVICES

Notice to Prospective Contractors

The California Prison Industry Authority (CALPIA) invites you to review and respond to this Request for Proposal (RFP), entitled Modular Building Enterprise (MBE) CRANE SERVICES, RFP No. P08722307.

In submitting your proposal, you must comply with all the instructions and provisions stated herein and with those incorporated by reference.

In the opinion of CALPIA, this RFP is complete and without need of explanation. However, should you have questions, or need clarifying information, please contact the Contract Analyst indicated below.

Due Date/Time: April 16, 2024 by 3:00 PM

CALPIA Contact SUBMIT BID TO:

Ann Harbaugh, Contract Analyst Phone: (916) 292-0409

Email:

ann.harbaugh@calpia.ca.gov

California Prison Industry Authority Attention: Ann Harbaugh, Contract Analyst

560 East Natoma Street Folsom, CA 95630

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

Public Works:

Pursuant to Labor Code, Section 1771.4 this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. By submitting a proposal, the Contractor acknowledges an understanding of public works requirements and obligations under the Labor Code and Public Contracting Code. CALPIA reserves the right to deny a bid if a contractor or subcontractor has violated the public work laws as set forth in Labor Code, Section 1777.7.

Pursuant to Labor Code, Section 1725.5 to be qualified to bid on, be listed in a bid proposal, or engage in the performance of this public works project all contractors, including subcontractors, must be registered with the Department of Industrial Relations. Failure to comply with this section may result in the bid being disqualified.

Pursuant to Labor Code, Section 1770, the Director of the Department of Industrial Relations has ascertained the general prevailing rate of per diem wages and a general prevailing rate for legal holiday and overtime work for several crafts, classifications, or types of work. The Department of Industrial Relations’ general prevailing wage determinations can be accessed on the internet at https://dir.ca.gov/OPRL/DPreWageDetermination.htm or will be made available upon request at CALPIA’s Central Office. The Contractor shall include in their bid proposal the type of craft, mailto:XXXX.XXXXXX@calpia.ca.gov https://dir.ca.gov/OPRL/DPreWageDetermination.htm

California Prison Industry Authority (CALPIA) RFP No. P08722307 Modular Building Enterprise (MBE) Crane Services

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classification, or type of work to be used on the project. Failure to identify the type of craft, classification, or type of work to be used on a project may result in the bid being disqualified.

Term: The CALPIA anticipates that the proposed contract term will be for a period of approximately one (1) year with the option to extend for an additional one (1) year.

The contract award will be made on the basis of BEST VALUE as determined by CALPIA alone, under statutory authority (Penal Code 2808) considering the following criteria:

1. Cost: Fair, reasonable, and competitive price, and customer service commitments for goods and or services.

2. Performance: Past performance, including but not limited to the quality and/or reliability for the product or service as well as efficient billing practices; certification by the International Organization for Standardization (ISO).

3. Experience: Length of time and/or number of instances the Bidder has offered or produced the requested type of product and/or service.

CALPIA may consider other factors deemed necessary to ensure that best value is achieved.

In the interest of achieving best value, CALPIA does not grant Small Business, Disabled Veteran Business Enterprise (DVBE), Target Area Contract Preference Act (TACPA), Local Agency Military Base Recovery Act (LAMBRA), or Enterprise Zone Act (EZA) preferences in evaluating proposals. Employment of ex-offenders by the Bidder is encouraged by CALPIA as part of our ongoing mission to change lives through opportunities.

Any agreement resulting from this solicitation shall be of no force or effect until it is signed by both parties and approved by CALPIA. The Contractor is not to begin work until all approvals have been obtained and the contract has been fully executed, including all applicable certificates of insurance and bonding. Should work begin before all approvals are obtained, services shall be considered voluntary.

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SECTION PAGE

A. Purpose and Description of Service 5

B. Bid Information 5

C. Bidder’s Submittal Requirements 7

D. Bid Evaluation 9

E. Licenses and Permits 9

F. Standard Language 9

G. Bid Attachments 9

Attachment A: Bid Document Submittal Check List 10

Attachment B: Sample Standard Agreement (STD 213), Statement of Work and Payment Provisions

Attachment C: Cost Sheet 19

Attachment D: Experience/Past Performance (References) 23

Attachment E: Past Performance Questionnaire 24

Attachment F: Bidder’s Bond (10% of Bid) 27

Attachment G: Payment Bond Sample 28

Attachment H: Payment Bond Form (100% of Contract Total) 29

Attachment I: Performance Bond Sample 30

Attachment J: Performance Bond Form (100% of Contract Total) 31

Attachment K1: Payee Data Record (STD 204) 32

Attachment K2: Payee Data Record Supplement (STD 205) 34

Attachment L: Contractor Certification Clauses 36

Attachment M: Bid/Bidder Certification Sheet 40

Attachment N: Post-Consumer Content Certification 42

Attachment O: Darfur Certification 44

Attachment P: California Civil Rights Laws Certification 45

Attachment Q: PREA Volunteer/Contractor Information Sheet 46

Attachment R: Appropriate Attire Policy 49

Attachment S: General Conditions of the Contract for Construction 51

Attachment T: Economic Sanctions Certification 91

Required Bid Documents:

Attachment A: Bid Document Submittal Check List 1 page

Attachment C: Cost Sheet 4 pages

Attachment D: Experience/Past Performance (References) 1 page

Attachment F: Bidder’s Bond (10% of Bid Price) 1 page

Attachment K1: Payee Data Record (STD 204) 2 pages

Attachment K2: Payee Data Record Supplement (STD 205) 2 pages

Attachment L: Contractor Certification Clauses 4 pages

Attachment M: Bid/Bidder Certification Sheet 2 pages

Attachment N: Post-Consumer Content Certification 2 pages

Attachment O: Darfur Certification 1 page

Attachment P: California Civil Rights Laws Certification 1 page

Attachment Q: PREA Volunteer/Contractor Information Sheet 3 pages

Attachment T: Economic Sanctions Certification 1 page

Bidder Instructions and Contract Provisions:

Instructions to Bidders REV-0313 7 pages

TABLE OF CONTENTS

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Security Provisions REV-224* 5 pages NOTE: Items shown with an Asterisk (*), are hereby incorporated by reference and are located on our website at the following link https://www.calpia.ca.gov/about/doing-business-with-calpia/ https://www.calpia.ca.gov/about/doing-business-with-calpia/

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A. Purpose and Description of Service

The California Prison Industry Authority (CALPIA) requires crane services to hoist and set nine

(9) 12’ +/- x 40’ base and 47’ roof modular units, as described herein.

Refer to the Sample STD 213, Statement of Work and Payment Provisions attached to this RFP as Attachment B for additional details and requirements.

Each interested bidder must attend the mandatory pre-bid conference and walkthrough located at California State Prison, Folsom (FOL) to gain project clarity (See Section B, Item 2 below for additional details). At that time, bidders will have the opportunity to walk the job site to aid in bid completion and the determination of project needs and resources.

CALPIA reserves the right, before the conclusion of the contract term, to extend the contract for an additional one (1) year period. A written and approved amendment will be required to extend the contract prior to contract expiration.

B. Bid Information

1. Time Schedule

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. All times are Pacific Standard Time (PST)/Pacific Daylight Time (PDT).

*estimated timeframes

EVENT DATE

TIME

(Pacific STD

/Daylight

Time)

RFP Available to Prospective Bidders March 11, 2024

MANDATORY Attendance Confirmation (RSVP) for Pre-bid Conference and Walkthrough Due

3/20/24 11:00 AM

MANDATORY Pre-bid Conference and Walkthrough located at:

California Prison Industry Authority Central Office 560 East Natoma Street Folsom, CA 95630

Meet at Central Office 15 minutes prior to the meeting time.

3/28/24 9:30 AM

Deadline for Submittal of Questions 4/5/24 3:00 PM

CALPIA Response to Submitted Questions 4/9/24 3:00 PM

Final Date for Bid Submission/Bid Opening 4/16/24 3:00 PM

Successful Bidder Letter and Posting of Intent to Award* 4/18/24 5:00 PM

Last Day to Appeal Intent to Award* 4/25/24 5:00 PM

Proposed Start Date of Agreement* May 14, 2024

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2. Pre-bid Conference and Walkthrough

A mandatory pre-bid conference/walkthrough is scheduled for 9:30 AM on Thursday, April 28, 2024 for California State Prison, Folsom (see CALPIA Central Office address above) for the purpose of discussing and illustrating the requirements of this RFP.

Primary Contractors must attend the pre-bid conference and walkthrough; Subcontractor attendance is optional. It should be noted that Subcontractors may not take the place of, sign in for, or represent, the Primary Contractor at the mandatory pre-bid conference or walkthrough.

Responses to this RFP will only be accepted from Primary Contractors who attend the mandatory pre-bid conference and walkthrough.

Those attending the mandatory pre-bid conference and walkthrough held at California State Prison, Folsom are required to confirm attendance (RSVP) by contacting Ann Harbaugh via email at Ann.Harbaugh@calpia.ca.gov at least six (6) days prior to the scheduled pre-bid conference/walkthrough. Confirmation of attendance (RSVP) must be received on or before Wednesday, March 20, 2024 at 11:00 AM eight (8) days prior to the scheduled pre-bid conference/walkthrough). Once the RSVP has been received, Bidders will be emailed required institution forms form completion for each individual attending in order to be admitted to the mandatory pre-bid conference and walkthrough. These completed forms must be received on or before Wednesday, March 20, 2024 at 3:00 PM

Individuals attending the pre-bid conference and walkthrough must bring their Driver’s License or California DMV identification card to the pre-bid conference and walkthrough in order to be admitted onto institutional grounds.

Bidders will not be admitted onto institutional grounds dressed in jeans, shorts or blue chambray, denim, orange, or olive-green clothing as these colors are used for inmate and correctional staff attire and identification. In addition, no paging or cellular devises are allowed on institution grounds. See Appropriate Attire Policy, Attachment R, for a complete listing of requirements.

Reasonable Accommodations

For Bidders who need assistance due to a physical impairment, a reasonable accommodation will be provided by the awarding agency upon request for the pre-bid conference/walkthrough.

The Bidder must contact Sean Mahoney via email at sean.mahoney@calpia.ca.gov or via telephone at (916) 235-0384 no later than Thursday, March 21, 2024 (the fifth working day prior to the scheduled date and time of the pre-bid conference/walkthrough) to arrange for a reasonable accommodation.

3. Questions Regarding RFP

If a Bidder discovers any ambiguity, conflict, discrepancy, omission or error in this RFP, the Bidder shall notify the contact contained on Page 1 of this RFP. Note: No verbal information mailto:Ann.Harbaugh@calpia.ca.gov mailto:sean.mahoney@calpia.ca.gov

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given will be binding upon the CALPIA unless such information is issued in writing as an official addendum to this RFP.

Bidders are encouraged to submit questions prior to the mandatory pre-bid conference and walkthrough but the deadline for final question submittal is 3:00 PM on April 5, 2024.

Questions must be submitted via email to Ann.Harbaugh@calpia.ca.gov prior to the deadline.

4. Bid Submittal

Bids must be received via U.S. Mail, common carrier, or hand delivered, no other method of response will be accepted. Bids not submitted under sealed cover may be rejected. Submit one (1) original bid to the address and Contract Analyst identified on page 1 of this document.

The interior sealed envelope must be plainly marked with the RFP number and title, must show your firm name and address, and must be marked with “DO NOT OPEN”, as shown in the following example:

C. Bidder’s Submittal Requirements:

Experience: Contractor must provide proof of three (3) years of experience with services similar in nature to the services identified in the attached Statement of Work. Experience will be determined by documentation submitted by the Contractor and further information provided by the references submitted under the Past Performance requirement below. Experience is defined as the kind and amount of work a Contractor has done relevant to the work contemplated by this procurement.

Past Performance: Contractor will be evaluated on prior performance through Contractor’s references (Attachment D), on three (3) projects similar in nature within the last three (3) years.

Past performance is defined as the Contractor’s record of conforming to standards of good workmanship; Contractor’s record of forecasting and controlling costs; Contractor’s adherence to contract schedules, including the administrative aspects of performance; Contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; and the Contractor’s business-like concern for the interest of the customer.

Past Performance Questionnaire: Contractor will also be evaluated on prior performance through submitted Past Performance Questionnaires (Attachment E). Contractor shall request past customers to participate in providing a reference by encouraging them to fill out and submit the Past Performance Questionnaire (Attachment E) on their behalf. Completed Past Performance Questionnaires should be completed by the customer and submitted directly (via fax or email) to the Contract Analyst identified on Page 1 of this RFP.

Company Name Company Address

RFP Number: P08722307 RFP Name: MBE Crane Services Attention: Ann Harbaugh

BID SUBMITTAL – DO NOT OPEN

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Prevailing Wages: All bids must meet or exceed prevailing wage requirements as governed and defined by the Department of Industrial Relations (DIR) and accessible via the following website: https://dir.ca.gov/OPRL/DPreWageDetermination.htm.

Registration with Department of Industrial Relations (DIR): CALPIA requires any contractor or subcontractor responding to a bid with prevailing wage requirements to be registered with the DIR. Bidders shall submit proof of registration with DIR to CALPIA with the bid response. The Bidder shall be responsible to ensure all subcontractors are registered with DIR as well.

Bidder’s Bond: Include a Bidder’s Bond, at the time of bid submittal, amounting to 10% of the project total (bid amount).

• Bidder’s Bond must be completed on Attachment F (attached) and be executed by an admitted surety insurer, authorized to issue bonds in the State of California.

• In lieu of a Bidder’s Bond, CALPIA will also accept a cashier’s check or certified cash or check amounting to 10% of the project total. Should any of these manners be pursued, the item will be returned to the bidder once a contract has been fully executed.

• Failure to include a Bidder’s Bond, or accepted alternate, at the time of bid submittal will render the bid null and void and as a result the bid will be disqualified and rejected.

• Documents with original signatures and embossed seals must be included in the original version of the submittal.

Payment Bond & Performance Bond: Be prepared to furnish both a Payment Bond and a Performance Bond each in the amount of 100% of the bid price should CALPIA choose to award your company a contract.

• These items are required and will need to be received prior to contract execution.

Executive Order N-6-22 – Russia Sanctions: CALPIA requires Bidders to include a completed Economic Sanctions Certification form (BSS-F069) as required by Executive Order N-6-22 in order to be eligible to conduct business with the State of California.

Buy Clean California Act (BCCA): Beginning July 1, 2022, The BCCA targets the embodied carbon emissions of eligible construction materials (structural steel, carbon steel rebar, flat glass, and mineral wool board insulation) used in Public Works projects. The BCCA requires that these materials have a Global Warming Potential (GWP) below a limit set by the Department of General Services (DGS). The maximum acceptable GWP for each category of eligible material is located on the DGS BCCA website here:

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

Bidders must submit a current facility-specific Environmental Product Declaration (EPD), Type III, as defined by the International Organization for Standardization (ISO) standard 14025, or https://dir.ca.gov/OPRL/DPreWageDetermination.htm https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Buy-Clean-California-Act https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Buy-Clean-California-Act

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similarly robust life cycle assessment methods that have uniform standards in data collection consistent with ISO standard 14025, industry acceptance, and integrity, for each material proposed to be used (pursuant to subdivision (a) of Public Contract Code, Section 3503). The EDPs will be used to determine compliance with the GWP limits established by DGS.

Responsible Bidder: Bidder’s must complete and return all attachments and requested information as identified and outlined in this RFP and in the Bid Document Submittal Checklist, Attachment A, or bid may be subject to rejection and disqualification.

D. Bid Evaluation

Award of a contract resulting from this RFP will be based on the contractor providing the best value. The Contractor must meet or exceed the minimum requirements of the following criteria:

Category – Description

Cost

Past Performance

Experience

E. Licenses and Permits

During the term of the contract, the Contractor must maintain all required licenses and/or permits in full force and effect. If and when the State learns that the Contractor has failed to do so, the State may, in addition to any other remedy it may have, immediately terminate this contract without any cost or liability to the State. If, after bid submission, the Contractor replaces or renews a required license or permit or obtains a newly applicable license or permit, the Contractor shall provide the State with a copy of the renewed or replaced or newly-obtained license or permit within 20 days following the Contractor's receipt of same.

The Contractor shall provide copies of all required license(s) and permit(s) at the time of bid submittal.

1. Contractors State License Board (CSLB) License

2. Business license as required by the city, county, or both as determined by bidder’s place of business.

F. Standard Language

CALPIA 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. CALPIA’s General Conditions of the Contract for Construction are not negotiable.

G. Bid Attachments

Refer to the following pages for additional required attachments that are a part of this RFP.

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ATTACHMENT A

BID DOCUMENT SUBMITTAL CHECK LIST

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

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

NAME OF BIDDER:

COMPANY NAME:

Attachment Name/Description DO NOT PRINT ON BOTH SIDES OF THE PAPER

_____ Attachment A: Bid Document Submittal Check List _____ Attachment C: Cost Sheet _____ Attachment D: Experience/Past Performance (References) _____ Attachment E: Past Performance Questionnaire(s) (Outlined on Page 7 in Section C) _____ Attachment F: Bidder’s Bond, or accepted alternate (Equal to 10% of bid amount)

_____ Attachment K1: Payee Data Record (STD 204) NOTE: If company is incorporated, Payee’s Legal business name on the STD 204 must match the name registered with the Secretary of State of California.

_____ Attachment K2: Payee Data Record Supplement (STD 205) NOTE: For use if additional remittance addresses are needed or if additional authorized representatives need to be identified.

_____ Attachment L: Contractor Certification Clauses _____ Attachment M: Bid/Bidder Certification Sheet _____ Attachment N: Post-Consumer Content Certification _____ Attachment O: Darfur Certification _____ Attachment P: California Civil Rights Laws Certification _____ Attachment Q: PREA Volunteer/Contractor Information Sheet _____ Attachment T: Economic Sanctions Certification

Additional Items Description (If Applicable)

_____ Copy of applicable CSLB license(s) (Outlined on Page 9 in Section E)

_____ Copy of Business License(s) and/or permit(s) as required by the state, city, and/or county (Outlined on Page 7 in Section C)

_____ Proof of Department of Industrial Relations (DIR) registration (Outlined on Page 8 in

Section C) _____ Type III Environmental Product Declarations (EDPs) for each eligible construction material (structural steel, carbon steel rebar, flat glass, and mineral wool board insulation) proposed for use on this project (Outlined on Page 8 in Section C) (if applicable)

STATE OF CALIFORNIA

STANDARD AGREEMENT

STD 213 (Rev 6/21/06) AGREEMENT NUMBER

RFP No. P08722307

REGISTRATION NUMBER

MODULAR BUILDING ENTERPRISE (MBE) CRANE SERVICES DIR Project number

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

STATE AGENCY'S NAME

CALIFORNIA PRISON INDUSTRY AUTHORITY

CONTRACTOR'S NAME

2. The term of this Month, Day, Year, or upon approval, whichever is the later, through Month, Day, Year

Agreement is:

3. The maximum amount $ of this Agreement is: Dollars and No Cents

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

Attachment B – Statement of Work and Payment Provisions 7 pages

Attachment C – Cost Sheet 4 pages

Attachment H – Payment Bond 1 page

Attachment J – Performance Bond 1 page

Attachment R – Appropriate Attire Policy 2 pages

Attachment S – General Conditions of the Contract for Construction REV0720 40 pages

Security Provisions REV-224* 5 pages

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

These documents can be viewed at http://www.calpia.ca.gov, (select About tab, then select Doing Business with

CALPIA).

Contractor Initials confirming acceptance of documents incorporated by reference: _______

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

CONTRACTOR

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

BY (Authorized Signature)

DATE SIGNED(Do not type)

PRINTED NAME AND TITLE OF PERSON SIGNING

ADDRESS

STATE OF CALIFORNIA

AGENCY NAME

California Prison Industry Authority BY (Authorized Signature)

DATE SIGNED(Do not type)

PRINTED NAME AND TITLE OF PERSON SIGNING

ADDRESS

560 East Natoma Street Folsom, CA 95630

ATTACHMENT B

SAMPLE

http://www.calpia.ca.gov/

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ATTACHMENT B

STATEMENT OF WORK AND PAYMENT PROVISIONS

I. STATEMENT OF WORK

1. The Contractor agrees to provide the California Prison Industry Authority (CALPIA) with crane services as described herein, including but not limited to:

A. Under the general direction of the CALPIA Project Representative, or designee, and in conformance with the construction plans, the Contractor shall furnish all labor, including travel and per diem, crane rental, lifting straps, additional riggers, counterweight load in and out, fuel charges, California Emission Surcharge, TPP tax surcharges, materials, non-consumable supplies, equipment, and every other item of expense necessary to hoist and place nine (9) 12’ +/- x 40’ base and 47’ roof modular units.

B. The Contractor is required to provide a minimum of 51% of the staffing/labor for the services detailed herein including project contact and lead person for services where a subcontractor may be used.

i. If the Contractor intends to use subcontractors to conduct any of the work described herein, the Contractor must identify the subcontractor(s) and provide a summary of each subcontractor’s qualifications, experience, and duties that would be performed.

a. All subcontractors must be approved in advance by the CALPIA Project Representative, or designee, and must pass security requirements.

b. The Contractor is required to provide a Project Manager over the work performed by the subcontractor(s).

2. The services shall be performed at the CALPIA Modular Building Enterprise located at:

A. California State Prison, Folsom (FOL) 100 Prison Road Represa, CA 95671

3. The services shall be provided during normal business hours, 6:00 AM to 4:00 PM Monday through Thursday, except State holidays, and as directed by the CALPIA Project Representative, or designee.

4. Service shall be available not later than the express date set by CALPIA and the Contractor, after all approvals have been obtained, the agreement is fully executed, and an ERPLX

Tracking Number is issued. Should the Contractor fail to commence work at the agreed upon time, the CALPIA, upon five (5) days written notice to the Contractor, reserves the right to terminate the agreement effective immediately. In addition, the Contractor shall be liable to the CALPIA for the difference between Contractor's bid price and the actual cost of performing work by another best value contractor.

SAMPLE

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5. The Project Representatives during the term of this agreement will be:

Note: No formal amendment of this agreement is needed to change the contact information. Changes will be made by written or electronic notification.

6. The following exception shall apply to Attachment D - General Conditions for Construction Contracts; all other General Conditions shall remain the same:

A. Page 38, Item 11.1.2.1: The first sentence is revised to change the Commercial General Liability requirement of $5,000,000 per occurrence, to $1,000,000 per occurrence. The sentence is revised, as shown below:

“The Contractor shall maintain commercial general liability with limits of not less than $1,000,000 per occurrence for bodily injury and property damage liability combined.”

Contractor Initial _______

7. The Contractor shall furnish to the CALPIA a certificate of insurance, stating that there is Commercial General Liability, Worker’s Compensation, and Automotive Liability. The certificate of insurance shall include the following three (3) provisions in their entirety:

A. The insurer will not cancel the insured’s coverage without 30 days prior written notice to the State, and will provide the State with a written 10 day notice for Contractors non-payment of premiums.

B. Under Contractor’s General Liability and Automobile Liability insurance CALPIA and the State of California, its officers, agents, employees, and servants are included as additional insured, but only insofar as the operations under this contract are concerned.

C. The State will not be responsible for any premiums or assessment on the policy.

8. The work being performed under this agreement is subject to prevailing wage rates as governed and defined by the Department of Industrial Relations (DIR) at the following website:

https://dir.ca.gov/OPRL/DPreWageDetermination.htm.

A. Contractor agrees to comply with all applicable provisions of the Labor Code including those provisions requiring the payment of not less than the general prevailing rate of wages.

B. Contractor must be registered with the DIR and maintain current registration for the duration of this agreement. Contractor shall be responsible to ensure all subcontractors

State Agency: CALPIA Contractor:

Section/Unit: Modular Building Enterprise Section/Unit:

Attention: Attention:

Address: Address:

Phone: Phone:

Fax: Fax:

Email: Email:

SAMPLE

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are registered with the DIR and that their registration is current.

C. Contractor shall maintain records of proof that prevailing wage is paid to workers in accordance with DIR reporting requirements.

D. Projects of $30,000.00 or more must meet DIR’s apprenticeship requirements.

E. Contractor further agrees to penalties and forfeitures provided in the Labor Code in the event a violation of any of the provisions occur in the execution of the agreement.

9. The Contractor shall provide crane services to hoist and set nine (9) 12’ +/- x 40’ base and 47’ roof modular units, including but not limited to the following:

A. Contractor shall provide an all-terrain 450 ton crane with a boom length of 157 feet, load to lift 45,000 pounds, and radius to lift 110 feet.

B. All Permit Fees and transportation costs shall be covered by this contract in accordance to the bid provided.

C. All work shall be performed in accordance with latest codes and standards.

10. The Contractor’s Project Manager will serve as a single point of contact for the scheduling, delivery, and installation, and every other aspect to ensure the project is a success.

11. The Contractor shall supervise and direct all work. The Contractor shall be responsible for, and have control over, construction means, methods, techniques, sequences, procedures, and safety precautions as related to the proposed work, unless otherwise noted or specified in the contract documents.

12. All phases of this project shall meet all applicable Federal, State, and local building codes as well as Fire Marshal requirements.

13. Safety

A. Contractor shall be responsible for safety management and shall enforce all safety requirements and any other required safety regulations, as necessary to provide a safe environment for workers and other personnel in the area.

14. Licenses and Permits

A. During the term of this contract, the Contractor must maintain all required licenses and/or permits in full force and effect. If and when the State learns that the Contractor has failed to do so, the State may, in addition to any other remedy it may have, immediately terminate this contract without any cost or liability to the State.

15. Liquidated Damages

California Prison Industry Authority (CALPIA) RFP No. P08722307

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A. Per Clause 7.3 of the General Conditions of the Contract for Construction, liquidated damages will be accessed at $1000.00 per day in the event the project(s) are not completed on time.

16. Changes/Change Orders

A. If any conflict arises between provisions of the plans, specifications, scope of work, and any such law, then the Contractor shall notify the CALPIA Project Representative, or designee, immediately.

B. Whenever the necessity for a change arises, either at the request of the Contractor or at the request of the CALPIA, the Contractor shall prepare a full and complete detailed estimate of cost and time for the change. Upon approval by the CALPIA Project Representative, or designee, the Contractor shall proceed on a time and material basis keeping an accurate daily record of the cost of labor and material used. Contractor will only be paid for the actual additional work performed.

C. Changes in work made necessary due to unexplained or unforeseen site conditions, discovery of errors in plans, specifications, or scope of work requiring immediate clarification in order to avoid serious work stoppage, or changes of any kind where the extent cannot be determined until completed are types of emergency changes which may be authorized by the CALPIA in writing to the Contractor.

D. CALPIA will not recognize any change in the contract sum due the Contractor until an approved Change Order has been issued in writing on an approved CALPIA Change Order form. The Change Order must show a full description of the change to be made, the extra time required for making the changes, and the agreed price to be added to, or deducted from, the contract sum. Drawings with notes and/or specifications accompanying the Change Order shall be deemed a part of the Change Order. Extra work called for by the Change Order shall be performed in accordance with the original contract drawings and specifications, except for the deviations specifically called for by the Change Order.

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

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. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, 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 termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response.

Termination shall be at the sole discretion of the State.

18. Buy Clean California Act (BCCA)

SA/SOW/PW REV-0224

The BCCA was introduced as Assembly Bill (AB) 262 and signed into law on October 15, 2017. Beginning July 1, 2022, it targets the embodied carbon emissions of eligible construction materials (structural steel, carbon steel rebar, flat glass, and mineral wool board insulation) used in Public Works projects.

The BCCA requires that these materials have a Global Warming Potential (GWP) below a limit set by the Department of General Services (DGS). The maximum acceptable GWP for each category of eligible materials is located on the DGS BCCA website here:

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

The Contractor must not install any BCCA eligible materials until submitting a facility-specific Environmental Product Declaration (EPD), Type III, as defined by the International Organization for Standardization (ISO) standard 14025, or similarly robust life cycle assessment methods that have uniform standards in data collection consistent with ISO standard 14025, industry acceptance, and integrity, for each material proposed to be used (pursuant to subdivision (a) of Public Contract Code, Section 3503) to the CALPIA. The EDPs will be used to determine compliance with the GWP limits established by DGS.

19. CALPIA reserves the right to amend the agreement, prior to expiration, in writing on the STD 213A. CALPIA may adjust the terms of the agreement including but not limited to the following:

A. Term extension up to one (1) year.

B. Decreasing the amount of the contract’s original value.

C. Increasing the contract amount by up to 30% of the original value.

20. Public Works:

A. Pursuant to Labor Code, Section 1771.4 this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. By submitting a proposal, the Contractor acknowledges an understanding of public works requirements and obligations under the Labor Code and Public Contracting Code. CALPIA reserves the right to deny a bid if a contractor or subcontractor has violated the public work laws as set forth in Labor Code, Section 1777.7.

B. Pursuant to Labor Code, Section 1725.5 to be qualified to bid on, be listed in a bid proposal, or engage in the performance of this public works project all contractors, including subcontractors, must be registered with the Department of Industrial Relations. Failure to comply with this section may result in the bid being disqualified.

C. Pursuant to Labor Code, Section 1770, the Director of the Department of Industrial Relations has ascertained the general prevailing rate of per diem wages and a general prevailing rate for legal holiday and overtime work for several crafts, classifications, or

SAMPLE

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

California Prison Industry Authority (CALPIA) RFP No. P08722307

SA/SOW/PW REV-0224

types of work. The Department of Industrial Relations’ general prevailing wage determinations can be accessed on the internet at https://dir.ca.gov/OPRL/DPreWageDetermination.htm. or will be made available upon request at CALPIA’s Central Office. The Contractor shall include in their bid proposal the type of craft, classification, or type of work to be used on the project. Failure to identify the type of craft, classification, or type of work to be used on a project may result in the bid being disqualified.

II. PAYMENT PROVISIONS

1. Invoicing and Payment

A. For services satisfactorily rendered, and upon receipt and approval of the invoices, the

CALPIA agrees to compensate the Contractor in accordance with the amount specified in the Cost Sheet, Attachment C, which is attached hereto and made part of this agreement.

B. Invoices shall be itemized and include the time period covered by the invoice, work completed for the period (detailed statement of services) and number of hours worked (if applicable). Invoices shall include the six-digit Purchase Order (ERPLX) Number and the Agreement Number referenced in the executed contract cover letter. Invoices shall be submitted not more frequently than once every 30 days in arrears to:

California Prison Industry Authority MBE Enterprise Attention:

Folsom, CA 95630

C. All invoice packages must contain original documents and be legible. Failure to provide original, legible documents will delay payment at Contractor’s expense.

D. Accurate/correct invoice packages must be submitted for review and payment in a timely manner subject to the following:

i. All invoices, including revised/amended/corrected invoices, must be received by

CALPIA within 60 days from the date services were rendered.

ii. Invoices received by CALPIA more than 60 days after the date services were rendered will be denied, deemed a forfeiture of payment by Contractor, and no payment will be issued.

a. It is Contractor’s responsibility to ensure invoices are received by CALPIA by the deadline. No exceptions will be allowed for invoice packages lost in transit unless supported by documentation that it should have arrived timely (i.e., proof of overnight delivery).

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b. If a revision/amendment/correction of a timely submitted invoice is requested by CALPIA, payment will not be forfeited if the requested invoice is received more than 60 days after the date services were rendered.

iii. All invoices received shall be deemed accurate/correct unless Contractor provides CALPIA written notice of any error(s) within 60 days from the date services were rendered. Written notice must include a written explanation of the change, a revised/amended/corrected invoice, and supporting documentation.

iv. Invoices received by CALPIA on the 60th day from the date services were rendered cannot be revised/amended/corrected by Contractor except at the request of CALPIA.

E. Contractors unable to provide accurate/correct invoice packages in a timely manner may receive a vendor performance report for failure to meet contract needs. Patterns related to failed vendor performance may result in termination of contract at any time.

F. Contractor is to provide a monthly report showing billed, paid, and outstanding invoices.

2. Availability of Funds

All financial obligations of CALPIA for the fiscal year(s) encompassed by the term of this agreement are subject to the availability and approval of funding by the Prison Industry Board and/or the presence of sufficient funds to cover those obligations in the fund from which those obligations are to be paid. If such obligations are or become contingent on funding by and/or through the CALPIA budget or on the availability of federal funds or on the action of any Legislative body, said obligations are contingent on the appropriation and availability of funds for the purpose of meeting those obligations. If insufficient funds are approved or appropriated or otherwise available in order to meet CALPIA’s obligations under this agreement, CALPIA may immediately terminate this agreement.

3. Prompt Payment Clause

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

4. Cash Discount

CALPIA has a history of taking cash discounts and intends to take advantage of cash discounts offered when they are in the best interest of the CALPIA.SAMPLE

California Prison Industry Authority (CALPIA) RFP No. P08722307

CS/PW REV-0820

ATTACHMENT C

COST SHEET

THE STATE OF CALIFORNIA FROM:______________________________

PRISON INDUSTRY AUTHORITY (Name of Bidding Firm)

BUSINESS SERVICES SECTION

DELIVER TO: CALPIA - Business Services Section ATTN: Ann Harbaugh

Folsom, CA 95630-2200

FOR: Modular Building Enterprise (MBE) Crane Services

RFP #P08722307

Plainly mark outside of envelope with "RFP #P08722307: Modular Building Enterprise (MBE) Crane Services”.

The undersigned hereby proposes and agrees to furnish all labor, materials, and equipment, and to perform all work required for the above-named Project in the manner and time prescribed in the Request for Proposal (RFP) dated March 11, 2024 and any such addenda thereto as issued prior to bid opening date and in accordance with prevailing wage rates ascertained by the Department of Industrial Relations and set forth on the DIR web site (http://www.dir.ca.gov/oprl/PWD/DPreWageDeterminations.htm) for General Prevailing Wage Rates as determined by the 2023-2 DIR prevailing wage published rates. The Bid Price, set forth below in clear legible figures, includes the cost of Bonds, insurance, sales tax, and every other item of expense, direct or indirect, incidental to the Bid Price.

NOTE: Proposal must include an overall total (entered below as a lump sum) and a Schedule of Values (itemized breakdown) of all associated costs for each component of this project as a separate document. The itemized breakdown shall detail how the overall total was derived including equipment, materials, tax, removal costs, installation costs, and any other relevant costs. Failure to include a Schedule of Values (itemized cost overview/breakdown) for the project total may result in disqualification and rejection of the bid.

DISCOUNT: _____% Cash discount for payment within __________ days of receipt.

IMPORTANT - READ BEFORE SIGNING: Cost Sheet must be executed in same name-style in which the bidder is licensed. Bidder bidding jointly or as a combination of several business organizations is specially cautioned that such bidder must be jointly licensed in the same form and style in which the bid is executed. If making a bid as a joint venture, each person submitting the bid shall provide the information required below with respect to his or her licensure. The undersigned Bidder certifies and agrees to provide the information and comply with the requirements contained in Articles 1 through 8 on the following pages of the Cost Sheet. By signing, Bidder swears under penalty of perjury that the conditions of Articles 1-8 are true.

Legal Name of Bidder: Federal I.D. No.:

Contractor's License No.: License Expiration Date License Classification:

Business Address (Street and/or P.O. Box) (City) (State) (Zip)

E-Mail Address:

Business Telephone No.: Facsimile No.:

SIGN HERE ------>

Signature of Bidder

Print Name and Title of Bidder

Executed this day of , 20 at , California.

COMPLETE WORK For the Lump Sum of: $__________________________ http://www.dir.ca.gov/oprl/PWD/DPreWageDeterminations.htm

California Prison Industry Authority (CALPIA) RFP No. P08722307

CS/PW REV-0820

ARTICLE 1 – BIDDER’S BUSINESS IDENTIFICATION

THIS BID IS SUBMITTED BY (check one):

Individual Partnership

Joint Venture Corporation State in which Incorporated

NOTE: If Bidder is a corporation, the State in which incorporated shall be inserted above and the legal name of the corporation shall be set forth on Page 1, together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if Bidder is a partnership, the true name of the firm shall be set forth on Page 1, together with the signature of a partner authorized to sign contract in behalf of the partnership; and if Bidder is an individual, that person’s signature shall be placed on Page 1. If signature is by an agent, other than an officer of a corporation or a member of a partnership, a Power of Attorney must be on file with the Department prior to opening bids or submitted with the bid;

otherwise, the bid will be regarded as irregular and unauthorized. If bid is submitted by partnership or joint venture, the members are:

ARTICLE 2 – CERTIFICATIONS - BID DEPOSITORY AND FEDERAL COURT FINDINGS

2.1 By signing this Cost Sheet, Bidder certifies that in preparation of this Cost Sheet, no bid was received by the bidder from a bid depository, which depository (as to any portion of the work) prohibits or imposes sanctions for the obtaining by bidder, or the submission to bidder by any subcontractor or vendor or supplier of goods and services, of a bid outside the bid depository. This certification shall constitute a warranty, the falsity of which shall entitle the State to pursue any remedy authorized by law, and shall include the right, at the option of the State, of declaring any contract made as a result thereof to be void.

2.2 By signing this Cost Sheet, Bidder swears under penalty of perjury that representations of the bid with respect to bidder's license are true and 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 a Federal Court which orders the Contractor to comply with an order of the National Labor Relations Board.

ARTICLE 3 – STATEMENT OF COMPLIANCE - NONDISCRIMINATION

Bidder (hereinafter referred to as "prospective contractor" in this Statement), by signing this Cost Sheet, hereby certifies, unless specifically exempted, compliance with Government Code Section 12990 (a-f), and CCR, Title 2, Division 4, Chapter 5, Section 8103, in matters relating to reporting requirements and the development, implementation and maintenance of a Nondiscrimination Program; as set forth in the General Conditions of the Contract for Construction. Prospective contractor agrees not to unlawfully discriminate, harass or allow harassment against any employee or applicants for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), medical disability (cancer), age (over 40), marital status, and denial of family care leave.

ARTICLE 4 – SMALL/DVBE BUSINESS CERTIFICATION

For accounting reporting purposes, please provide the following information: Are you certified with the California Department of General Services, Office of Small Business Certification and Resources (OSBCR) as:

a. California Small Business Micro Business

Yes No Yes No

If yes, enter certification number: ____________

Expiration Date: ____________

b. Disabled Veteran Business Enterprise

Yes No

If yes, enter your service code: ____________

COMPANY NAME OF BIDDER:___________________________________________________

CS/PW REV-0820

ARTICLE 5 – QUESTIONNAIRE

5.1 In accordance with Public Contract Code, Section 10162, the Bidder shall complete the following questionnaire:

5.1.1 Has the Bidder, any officer of the Bidder, or any employee of the Bidder who has a proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a Federal, State or Local government project because of a violation of law or a safety regulation?

Yes No

5.1.2 Has the Bidder, any officer of the Bidder, or any employee of the Bidder who has a proprietary interest in the Bidder, ever received a safety violation or failed to file notifications to the Cal-OSHA, Federal OSHA, or EPA Agencies for employee records as required by CCR, Title 8, Section 5208 and CFR 40, Part 61?

Yes No

If the answer to either 5.1.1 or 5.1.2 above is “Yes”, then give the date(s) of the citation(s) or failure to make notifications, and explain the circumstances by attachment to this Cost Sheet.

ARTICLE 6 – NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID

By signing this Cost Sheet, Bidder, being first duly sworn, deposes and says that he or she is the authorized representative of the Bidder, the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and is not collusive or sham;

that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid, and has…