Rest_room_partitions.docx

May 2, 2016 Choose an item.

CALIFORNIA CONSERVATION CORPS

Pomona Center 3530 West Pomona Blvd. Pomona, CA 91768

INVITATION FOR BID

NOTICE TO PROSPECTIVE BIDDERS

Pomona Restroom Partitions Project Contract #: C5872AOD Bid Opening: May 26, 2016 @ 2:00pm Mandatory Walkthrough May 12, 2016 @ 9:30AM You are invited to review and respond to this Invitation for Bid (IFB) for Pomona Restroom Partitions Project In submitting your bid, you must comply with the instructions and requirements found herein.

Note that all Agreements entered into with the State of California will include by reference General Terms and Conditions that may be viewed at Internet site www.ols.dgs.ca.gov/Standard+Language No contractor or subcontractor may be listed on a bid proposal for this public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. http://www.dir.ca.gov/Public-Works/PublicWorks.html If you do not have Internet access, a hard copy can be provided by contacting the person listed below.

In the opinion of the California Conservation Corps, this IFB is complete and without need of explanation. However, if you have questions or need any clarifying information, please all questions through email @ steven.fultz@ccc.ca.gov. Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum.

No questions will be addressed via phone calls or in person on or before the bid.

ALL QUESTIONS AND ANSWERS MUST COME THROUGH EMAIL ONLY

Keeping the process fair for all. We will not accept questions via phone calls or in person.

Jennifer Reed-Aguayo Contracts Unit Business Services and Contracts Unit 916-341-3132

Bid Requirements and Information

General Terms and Conditions for Construction 20-57

Required Documents – Attachments

INVITATION FOR BID (IFB)

Notice to Prospective Bidders

POMONA CENTER – CALIFORNIA CONSERVATION CORPS

SCOPE OF WORK

Pomona Restroom Partitions Project Project Location: 3530 West Pomona Blvd, Pomona, CA 91768 Project Manager: Steven Fultz (916) 341-3242 Onsite Project Contact: Jenna Ortiz (909) 594-4206 Scope of Work:

The CCC desires to have new restroom partitions installed in the men’s and women’s restrooms. See attached sketch for approximate layout and fixture count/location. Below lists the specific project requirements. The awarded Bidder must attend an onsite pre-construction meeting (TBD) following a Notice to Proceed letter. Inspect existing conditions prior to construction. The Bidder is responsible to verify all measurements and fixture counts.

The contractor will be responsible for care and custody of all materials, installed or not, until the project is accepted by the project manager. Any material damage with be replace at Contractor’s cost. The Contractor will be responsible for any damage to the CCC property, buildings and landscape during the course of the project. If damage occurs the Contractor will notify the Onsite Project Contact and Project Manager. The Contractor will restore, repair or replace damage to a condition equal to or better than prior to damage occurring and acceptable to the Project Manager.

The Project Manager will inspect the installation following notice from the Contractor that the project is complete. The Contractor with complete punch list items, if any, with in thirty day of receipt of said list. The Contractor will call the Project Manager for a final inspection. Upon completion of all punch list items the Project Manager will send a letter of acceptance of the project to the Contractor. The date of acceptance letter will begin the one year warranty period.

Contractor to provide three copies of the Manufacturer’s Operations and Maintenance manual to the Project Manager.

Contractor is to provide a minimum one (1) year workmanship and material warranty from date of acceptance (completed installation approved by the CCC Project Manager).

PART 1 - GENERAL

1.1 Summary

Section Includes:

Steel toilet compartment partitions for following applications:

a. Toilet enclosures.

b. Privacy screens.

c. Urinal screens.

Related Requirements:

Division 03 Section "Cast in Place Concrete" for compartment anchorage to concrete substrates.

Division 04 Section "Unit Masonry" for compartment anchorage to masonry substrates.

Division 05 Section "Metal Fabrications" for miscellaneous structural and support metal components required to secure compartments.

Division 06 Section "Rough Carpentry" for compartment anchorage to frame walls.

1.2 Reference

ASTM International (ASTM):

ASTM A 653/A 653M - Standard Specification for Steel Sheet, Zinc-Coated (Galvanized) or Zinc-Iron Alloy-Coated (Galvannealed) by the Hot-Dip Process.

ASTM A 666 - Standard Specification for Annealed or Cold-Worked Austenitic Stainless Steel Sheet, Strip, Plate, and Flat Bar.

ASTM A 743/A 743M - Standard Specification for Castings, Iron-Chromium, Iron-Chromium-Nickel, Corrosion Resistant, for General Application.

ASTM B 86 - Standard Specification for Zinc and Zinc-Aluminum (ZA) Alloy Foundry and Die Castings.

ASTM B 221 - Specification for Aluminum and Aluminum-Alloy Extruded Bars, Rods, Wire, Profiles, and Tubes.

ASTM E 84 - Standard Test Method for Surface Burning Characteristics of Building Materials.

International Code Council (ICC)/American National Standards Institute (ANSI):

ICC/ANSI A117.1 - Accessible and Usable Buildings and Facilities, as applicable to toilet compartments designated as accessible.

United States Department of Justice:

ADA - Americans with Disabilities Act

a. Excerpt from 28CFR Part 36 - ADA Standards for Accessible Design.

GREENGUARD Environmental Institute (GREENGUARD):

2. GREENGUARD certified low emitting products.

1.3 Action Submittals

Product Data: Manufacturer's data sheets for each type of product indicated. Include fabrication details, description of materials and finishes.

Product Test Reports: When requested by Architect, submit documentation by qualified independent testing agency indicating compliance of products with requirements.

Shop Drawings: Include overall product dimensions, floor plan, elevations, sections, details, and attachments to other work. Include choice of options with details.

Samples for Selection: Furnish samples of manufacturer's full range of colors for initial selection.

Samples for Verification: Furnish physical sample of material in selected color.

Size: 2 by 2 inch (52 by 52 mm) minimum, in type of finish specified.

1.4 Informational Submittals

Warranty: Sample of special warranty.

1.5 Closeout Submittals

Maintenance and cleaning instructions.

1.6 Quality Assurance

Manufacturer Qualifications: Approved manufacturer listed in this section, with minimum of 5 years experience in the manufacture of toilet compartments.

Manufacturer Qualifications: Approved manufacturer listed in this section, with minimum of 5 years experience in the manufacture of toilet compartments.

Installers Qualifications: Experienced Installer regularly engaged in installation of toilet compartments for minimum 3 years.

Source Limitations: Obtain toilet compartment components and accessories from single manufacturer.

Accessibility Requirements: Comply with requirements of ICC/ANSI 117.1, and with requirements of authorities having jurisdiction.

Surface-Burning Characteristics: As determined by testing identical products according to ASTM E 84 by qualified testing agency. Identify products with appropriate markings of applicable testing agency.

Flame-Spread Index: 0.

Smoke-Developed Index: 0.

Indoor Environmental Quality Certification: Provide certificate indicated that products have been certified under the following programs, or a comparable certification acceptable to Owner:

1. GREENGUARD Indoor Air Quality Certified.

2. GREENGUARD Certified for Children and Schools.

1.7 Delivery, Storage, and Handling

Do not deliver toilet compartments to site until building is enclosed and HVAC systems are in operation.

Deliver toilet compartments in manufacturer's original packaging.

Store in an upright condition.

1.8 Warranty

Special Manufacturer’s Warranty: Provide manufacturer's standard form in which manufacturer agrees to repair or replace products that fail in materials or workmanship during the following period after substantial completion:

Powder Coated Steel Toilet Partitions: Against rust-out: 15 years.

PRODUCTS

1.9 Manufacture

Basis-of-Design Manufacturer: Subject to compliance with requirements, provide products of The Mills Company, Marion, OH 43302 or from a manufacturer equal to or better than.

Contact Information: (800)272-3539, fax (262)251-5817; Email info@BradleyCorp.com; Website www.bradleycorp.com.

1.10 Materials

Metallic Coated Steel Sheet: ASTM A 653/A 653M, galvannealed commercial steel sheet suitable for exposed applications. Provide with mill phosphatized surface. Provide smooth material, without creases or ripples.

Zinc Aluminum Magnesium and Copper Alloy (Zamac): ASTM B 86.

Stainless Steel Sheet: ASTM A 240 or A 666, 300 series.

Stainless Steel Castings: ASTM A 743/A 743M.

Aluminum: ASTM B 221.

1.11 Steel Toilet Compartments

Toilet Compartment Type:

Floor anchored.

a. Basis of Design Product: Bradley, Mills Partitions, Floor Braced, Series 500.

Urinal Screen Style:

Government-flanged with Wing Bracket:

b. Basis of Design Product: Bradley, Mills Partitions, Model No. 5.

c. Provide with continuous bracket in addition to wing bracket.

Door, Panel, and Pilaster Construction, General: Form edges with interlock to provide watertight fit without crown molding. Braze corners and finish smooth.

Provide exposed surfaces free of pitting, visible seams and fabrication marks, stains, telegraphing of core material, or other imperfections.

Core Material: Manufacturer's standard sound-deadening, water resistant honeycomb in thickness required to provide finished thickness for doors, panels and pilasters.

Door Construction: 1 inch (25 mm) thick, constructed from 0.0313 inch/22 ga (0.794 mm) galvannealed steel.

Provide each door with internal 0.0625 inch/16 ga (1.59 mm) and 0.0781 inch/14 ga (1.98 mm) welded reinforcements at top and bottom hinge locations, with factory installed concealed true gravity cam hinges.

Panel Construction: 1 inch (25 mm) thick, constructed from 0.0313 inch/22 ga (0.794 mm) galvannealed steel.

Grab-Bar Reinforcement: Provide concealed internal reinforcement for grab bars mounted on units.

Pilaster Construction: 1 1/4 inch (32 mm) thick, constructed from 0.0375 inch/20 gauge (0.953 mm) galvannealed steel.

Provide pilaster with internally welded bracket suitable to accept minimum 3 inch (76 mm) long, 5/16 inch (7.9 mm) stainless steel hex bolt for leveling.

Headrail: Extruded anodized aluminum headrail with anti-grip profile. Provide fasteners for attachment to pilaster and stainless steel brackets to secure to wall.

Shoes: 4 inches (102 mm) high minimum, Type 304 stainless steel with No. 4 satin brushed finish. Secured to the inside face of the pilaster with stainless steel torx-head fasteners.

Urinal-Screen Construction: Matching toilet compartment panel construction Urinal-Screen Post: Manufacturer's standard post design of 1-3/4-inch- (44-mm-) square, aluminum tube with satin finish; with shoe and sleeve (cap) matching that on the pilaster.

Brackets (Fittings):

Stirrup Type: Ear or U-brackets; chrome-plated zamac.

Full-Height (Continuous) Type: Manufacturer's standard design; aluminum.

Steel Sheet Finish: Manufacturer's standard powder coat finish, with one color in each room.

Color: “Dove Grey #2125.

1.12 Hardware

Hardware, Standard Duty: Manufacturer's standard chrome-plated zamac castings, including corrosion-resistant, tamper-resistant fasteners:

Hinges: Self-closing wrap-around gravity-type adjustable to hold doors open at any angle up to 90 degrees, with emergency access by lifting door.

Latch and Keeper: Surface-mounted slide latch with wrap-around rubber-faced combination door strike and keeper, with provision for emergency access, meeting requirements for accessibility at accessible compartments.

Coat Hook: Combination hook and rubber-tipped stop, sized to prevent door from hitting compartment-mounted accessories. Provide wall bumper where door abuts wall. Provide formed L-shaped hook without stop at outswing doors.

Door Pull: Standard unit on outside of inswing doors. Provide pulls on both sides of outswing doors.

1.13 Fabrication

Floor-Anchored Units: Provide manufacturer's standard corrosion-resistant anchoring assemblies with leveling adjustment nuts at pilasters for structural connection to floor. Provide shoes at pilasters to conceal anchorage.

Urinal-Screen Posts: Provide manufacturer's standard corrosion-resistant anchoring assemblies with leveling adjustment at [tops and] bottoms of posts. Provide caps, shoes, and covers at posts to conceal anchorage.

Door Size and Swings: Unless otherwise indicated, provide 26-inch- (660-mm-) wide, in-swinging doors for standard toilet compartments and 36-inch- (914-mm-) wide, out-swinging doors with a minimum 32-inch- (813-mm-) wide clear opening for compartments designated as accessible.

EXECUTION

1.14 Examination

Examine work area to verify that measurements, substrates, supports, and environmental conditions are in accordance with manufacturer's requirements to allow installation.

Proceed with installation once conditions meet manufacturer's requirements.

1.15 Installation

General: Comply with manufacturer's written installation instructions. Install units rigid, straight, level, and plumb. Secure units in position with manufacturer's recommended anchoring devices.

Install toilet partitions and screens in spaces with operating, temperature controlled HVAC systems. Shield partitions and screens from direct sunlight.

Clearances: Install with clearances indicated on Drawings. Where clearances are not indicated, allow maximum 1/2 inch (13 mm) between pilasters and panels, and 1 inch (25 mm) between panels and walls.

Stirrup Brackets: Secure panels to walls and to pilasters with no fewer than three brackets attached at midpoint and near top and bottom of panel. Locate wall brackets so holes for wall anchors occur in masonry or tile joints. Align brackets at pilasters with brackets at walls.

1.16 Adjusting

Hardware Adjustment: Adjust and lubricate hardware according to hardware manufacturer's written instructions for proper operation. Set hinges on in-swinging doors to hold doors open approximately 15 degrees from closed position when unlatched. Set hinges on out-swinging doors to return doors to fully closed position.

1.17 Final Cleaning

Remove packaging and construction debris and legally dispose of off-site.

Clean partition and screen surfaces with materials and cleansers in accordance with manufacturer's recommendations.

END

2. Bidder Minimum Qualifications A General B -Building Contractor License will be required of this bid. The Contractor shall perform a commercially useful function relevant to this solicitation and provide services or goods that contribute to the fulfillment of the contract requirements.

To be considered the contractor/subcontractor must meet the following criteria:

· Is responsible for the execution of a distinct element of the work of the contract.

· Carries out the obligation by actually performing, managing, or supervising the work involved.

· Performs work that is normal for its business services and functions.

· Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices.

· Is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment.

A contractor, subcontractor, or supplier will not be considered to perform a commercially useful function if the contractor's, subcontractor's, or supplier's role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed through solely to be qualified to submit a proposal or awarded the contract.

3. Bid Requirements and Information A. Key Action Dates It is recognized that time is of the essence. All bidders submitting bids are hereby advised of the following schedule and will be expected to adhere to the required dates and times.

· IFB available to prospective bidders ............................ ... ….…….……May 2, 2016

· Mandatory Walk-through at 9:30AM........... ………………………….… May 12, 2016

· Written questions must be received by 8:00AM................ ... ……..…… May 18, 2016

· Sealed bids must be received no later than 2:00 PM10:00AM2......... …….….… May 26, 2016

· Opening of Cost Proposal................................................ …………….. May 26, 2016

· Notice of Proposed Award Date to occur 1-5 work days after “Opening of Cost Proposal”

B. Mandatory Pre-Bid Walk-Through A mandatory walk-through of the facility where the services are needed will be required.

The mandatory walk-through is scheduled on May 12, 2016 at 9:30AM Located:

3530 West Pomona Blvd. Pomona, CA 91768 In the event a potential prime contractor is unable to attend the mandatory walk-through, an authorized representative may attend in their behalf. The representative may only sign-in for one (1) company. Subcontractors may not represent a potential prime contractor at a pre-bid conference or walk-through. If this walk-through is mandatory, no bid will be accepted unless the bidder or his authorized representative was in attendance.

For contractors who need assistance due to a physical impairment, a reasonable accommodation can be provided, upon request, for the pre-bid conference or walk-through. The Contractor must call the contact person(s) listed below no later than the fifth working day prior to the scheduled date and time of the pre-bid conference/walk-through to arrange for a reasonable accommodation.

C. Term of Contract The term of this agreement is Upon Approvals through 6/30/2017 D. Submission of Bid

1. All bids must be submitted under sealed cover and sent to the CCC by date and time shown in the above Time Schedule. The sealed cover must be plainly marked with the IFB your firm’s name and address, and must be marked with "DO NOT OPEN." Bids not submitted under sealed cover may be rejected.

Mail or deliver bids to the following address:

California Conservation Corp Location Headquarters 1719 24th Street Sacramento, CA 95816 Attn: Jennifer Reed-Aguayo Contract #: C5872AOB DO NOT OPEN UNTIL: May 26, 2016 @ 2:00PM

3. All documents requiring a signature must bear an original signature of a person authorized to bind the bidding firm. The signature must indicate the title or position that the individual holds in the firm. An unsigned bid may be cause for rejection.

4. All bids shall include the documents identified in the Attachment Required Documents of this IFB. Bids not including the proper required documentation shall be deemed non-responsive and shall be rejected. A non-responsive bid is one that does not meet the basic bid requirements.

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

6. A bid may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The State may waive any immaterial deviation in a bid. The State's waiver of immaterial defect shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the agreement.

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

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

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

10. The awarding agency may modify this IFB prior to the date fixed for submission of bids by the issuance of an addendum to all parties who received an original bid package and who attended the mandatory walk-through, if applicable.

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

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

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

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

15. Questions regarding this IFB must be submitted via eProcurement at https://caleprocure.ca.gov/pages/bidder-vendor.aspx.

E. Evaluation and Selection

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

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

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

4. Award, if made, will be to the lowest responsive and responsible bid.

F. Award and Protest

1. Whenever an agreement is awarded under a procedure which provides for competitive bidding, but the agreement is not to be awarded to the low bidder, the low bidder shall be notified by telegram, electronic facsimile transmission, overnight courier, or personal delivery (five) working days prior to the award of the agreement.

2. Upon written request by any bidder, notice of the proposed award shall be posted in a public place in the office of the awarding agency at least (five) working days prior to awarding the agreement.

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

4. Within (five) days after filing the initial protest, the protesting bidder shall file with the DGS and the CCC a detailed written statement specifying the grounds for the protest. The written protest must be sent to the DGS, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, California 95605. A copy of the detailed written protest should be mailed to CCC Contracts Office, 1719 24th Street, Sacramento, California 95816. It is suggested that you submit any protest by certified or registered mail.

G. Disposition of Bids

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

2. Copies of the bid packages may be returned only at the bidder's expense, unless such expense is waived by the CCC.

H. Agreement Execution and Performance

1. Service shall be available no later than (30) days, or on the express date set by the CCC and the Contractor, after all approvals have been obtained and the agreement is fully executed. Should the Contractor fail to commence work at the agreed upon time, the CCC, upon (five) days written notice to the Contractor, reserves the right to terminate the agreement. In addition, the Contractor shall be liable to the State for the difference between Contractor's bid price and the actual cost of performing work by the second lowest bidder or by another contractor.

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

a. The State does not accept alternate contract language from a prospective contractor. The State’s General Terms and Conditions are not negotiable. (See sample Standard Agreement attached hereto).

I. Termination The CCC has the authority and express right to terminate any Agreement awarded under this IFB at any time during the term of the Agreement for any reason or if the CCC finds that the Contractor's work is negligent, not satisfactory, or not in accordance with the Agreement requirements.

J. Preference Programs and Participation Requirements Information, requirements and forms for the preference programs listed below can be found at the Internet web sites listed.

Note: These documents may not be required in all bid packages. Refer to Attachment Required Documents for documentation required by this IFB.

1. Certified Small Businesses and Microbusinesses Certification Benefits – Certified Small Businesses or Microbusinesses can claim the five percent (5%) preference when submitting a bid on a state contract. You must provide a copy of the official Certification letter along with your bid.

For information on small business and microbusiness certification benefits refer to the following DGS Website – http://www.pd.dgs.ca.gov/smbs/sbpref.htm

2. DVBE Bid Incentive |_| DVBE Participation is required for this bid.

Please look carefully at box (a) in this section. If the box is checked you must respond accordingly to the instructions in this section for your bid to be considered responsive.

Specific information regarding the form (Rev. 9/2009), “California Disabled Veteran Business Enterprise (DVBE) Program Requirements,” can be found at the following website: www.pd.dgs.ca.gov.

(GOOD FAITH EFFORT IS NOT AN OPTION TO MEET THE DVBE PARTICIPATION GOAL.)

If for this agreement contractor made a commitment to achieve Disabled Veteran Business Enterprise (DVBE) participation, then contractor must within 60 days of receiving final payment under this agreement (or within such other time period as may be specified elsewhere in this agreement) certify in a report to the awarding department: (1) the total amount the prime contractor received under the contract; (2) the name and address of the DVBE(s) that participated in the performance of the contract; (3) the amount each DVBE received from the prime contractor; (4) that all payments under the contract have been made to the DVBE(s); and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Military & Veterans Code (M&VC) § 999.5(d)).

Contractor understands and agrees that should award of this contract be based in part on their commitment to use the Disabled Veteran Business Enterprise (DVBE) subcontractor(s) identified in their bid or offer, per Military and Veterans Code 999.5(e), a DVBE subcontractor may only be replaced by another DVBE subcontractor and must be approved by the Department of General Services (DGS). Changes to the scope of work that impact the DVBE subcontractor(s) identified in the bid or offer and approved DVBE substitutions will be documented by contract amendment.

3. Recycled Content Certification The State of California is required to purchase recycled content products (RCPs) rather than non-recycled products whenever price, quality, and availability are comparable. Furthermore, each state agency is required to purchase RCPs in sufficient quantities to ensure that mandated RCP procurement goals are attained within eleven product categories. These eleven product categories and their respective minimum recycled content requirements are outlined in Attachment I. Therefore, if two bidders quote the same bid cost amount for services, the State will award the contract to the RCP certified contractor.

In order to help state agencies identify all reportable purchases and all the reportable RCP purchases, suppliers are mandated by the Public Contract Codes to certify the minimum, if not the exact, recycled content, both secondary and postconsumer material, in the products, materials, goods, and supplies offered or sold to the State. The Public Contract Codes require every supplier to certify the minimum, if not the exact recycled content, both secondary and postconsumer material, in the products, materials, goods, and supplies offered or sold to the State. A Recycled Content Certification Form (CIWMB 74C) is provided in Attachment I for this purpose. Additional information regarding this program can be obtained at the following web site: http://www.ciwmb.ca.gov/BuyRecycled/StateAgen K . Public Works Contractor Registration Program (Mandatory) All contractors and subcontractors who bid or work on a public works project must register and pay an annual fee to DIR. The phase-in timetable is as follows:

July 1, 2014: Registration program became effective and first contractors registered. Initial registrations will be valid through June 30, 2015.

March 1, 2015: No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with DIR.

April 1, 2015: No contractor or subcontractor may work on a public works project unless registered with DIR. All projects bid before March 1, 2015, or awarded prior to April 1, 2015 will not trigger the registration requirements.

Once the registration requirement becomes mandatory (March 1, 2015 for bids and April 1, 2015 for projects awarded), an awarding body may not accept a bid or enter into a contract for public work with an unregistered contractor.

DIR maintains an up-to-date listing of registered contractors.

There are exceptions to the registration requirement for bidders in circumstances where a CSLB license would not be required at the time of bidding.

Additional exceptions and protections are included in the registration laws to limit bid challenges, allow some violations to be cured through payment of penalty fees, and allow unregistered contractors to be replaced with registered ones.

http://www.dir.ca.gov/Public-Works/PublicWorks.html

L. CALIFORNIA PROMPT PAYMENT ACT

Government Code, Section 927, et seq.

SUMMARY OF FREQUENTLY ASKED QUESTIONS

Updated: August 27, 2014

(Includes Non-Profits with Contracts <$500k) All Other Businesses

Specified contract term. No date set forth in contract

(For the State agency) The day after payment due date per contract; if no payment date in contract, on the 31st day after receipt of invoice (i.e., the day after the "required payment approval date") (GC 927.4)

Example: An invoice received on March 1st would begin accruing interest on April 1st if not submitted to the State Controller on or before March 31st (Day Zero = March 1 plus 30 days = March 31) The day after payment due date per contract; if no payment date in contract, on the 31st day after receipt of invoice (i.e., the day after the "required payment approval date") [GC 927.4]

Example: An invoice received on March 1st would begin accruing interest on April 1st if not submitted to the State Controller on or before March 31st (Day Zero = March 1 plus 30 days = March 31.

(For the State Controller)

(For the State agency)

(For the State Controller)

Example: Under the new calculation, an invoice for $10,000 that is 90 days late would incur a penalty of $326.70, ($10,000X.000363) X 90.

A.. Penalties Incurred Rate during FY 14-15 is 1.233% annually [GC 926.6(b)], or 0.0000338 per day, times the number of days late

Example: Under the new calculation, an invoice for $10,000 that is 90 days late would incur a penalty of $30.420, ($10,000X.0000338) X 90.

No penalties shall accrue for nonprofit public benefit corporations [GC 927.11(b)] Penalties shall accrue until the invoice is paid [GC 927.11(d)]

No penalties shall accrue for refunds or other payment due to individuals [GC 927.13(d)]

2. In major calamity, disaster or criminal act, penalty suspended (until reinstated) by Director of Finance [GC 927.11(c)]

For additional information, visit Prompt Payment:

· Use the Directory of State Payment Offices to locate the proper accounts payable telephone number and address of specific State offices.

· View California Laws, including Government Code (GC) and Public Contract Code (PCC).

· Regarding Construction Contract Payments, please see Public Contract Code Section 10261.5. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pcc&group=10001-11000&file=10250-10265

· California Certified Small Business contractors who have specific questions about invoice status: Please contact the Small Business Advocate for the awarding department. The Small Business/DVBE Advocates Directory is located at: Small Business & DVBE Advocates Directory.

M. BONDS

Bonds as required in Section 11.3 of the Construction General Terms and Conditions.

GENERAL TERMS and CONDITIONS OF THE CONTRACT FOR CONSTRUCTION Table of Articles

1. GENERAL PROVISIONS

1.1 Definitions

1.2 Execution. Correlation and Intent

1.3 Use of the State’s Drawings, Project Manual and other Documents

1.4 Capitalization

1.5 Conflicts in the Contract Documents

2. ADMINISTRATION OF THE CONTRACT

2.1 Information and/or Services Required of the State

2.2 Administration of the Contract

2.3 Breaches, Defaults and Termination for Cause

2.4 Termination for the State’s Convenience

2.5 Suspension by the State for Convenience

3. CONTRACTOR

3.1 Review of Contract Documents and Field Conditions by the Contractor

3.2 Supervision and Construction Procedures

3.3 Labor and Materials

3.4 Nondiscrimination Clause

3.5 Guarantee

3.6 Taxes

3.7 Permits, Fees and Notices

3 8 Allowances

3.9 Superintendent

3.10 Contractor’s Progress Schedule

3.11 Documents and Samples at the Project Site

3.12 Shop Drawings, Product Data and Samples (Submittals)

3.13 Tests and Inspections

3.14 Use of Project Site

3.15 Cutting and Patching

3.16 Cleaning Up

3.17 Access to Work

3.18 Royalties and Patents

3.19 Indemnification

3.20 Air Pollution

3.21 Certification by Contractor of Recycled Content

3.22 Unfair Business Practices

3.23 Child Support Compliance Act

3.24 Contractor Required Notification of Changes

4. SUBCONTRACTORS

4.1 Subletting and Subcontracting

4.2 Sub contractual Relations

4.3 Disabled Veteran Business Enterprise Program

4.4 Contract Assignments

GENERAL TERMS and CONDITIONS OF THE CONTRACT FOR CONSTRUCTION

5. CONSTRUCTION BY THE STATE OR BY SEPARATE CONTRACTORS

5.1 State’s Right to Perform Construction and to Award Separate Contracts

5.2 Mutual Responsibility

5.3 State’s Right to Clean Up

6. CHANGES IN THE WORK

6.1 General

6.2 Change Order

6.3 Acceptance of Change Orders

6.4 Effect on Sureties

7. TIME

7.1 Notice to Proceed

7.2 Contract Time

7.3 Liquidated Damages

7.4 Time Extensions

7.5 Delays in Completion of the Work

7.6 Acceleration

8. PAYMENTS AND COMPLETION

8.1 Schedule of Values

8.2 Timeliness of Payments

8.3 Retentions

8.4 Assignment of Contract Funds

8.5 Occupancy by the State Prior to Completion of the Work

8.6 Acceptance of the Work and Final Payment

8.7 Interest

9. DISPUTES AND CLAIMS

9.1 Dispute and Claim Procedures

9.2 Audit and Access to Records

10. PROTECTION OF PERSONS AND PROPERTY

10.1 Safety of Persons and Property

10.2 Emergencies

10.3 Drug-Free Workplace

11. INSURANCE AND BONDS

11.1 Contractor's Insurance

11.2 No Personal Liability

11.3 Performance Bond and Payment Bond

12. UNCOVERING AND CORRECTION OF WORK

12.1 Uncovering and Correction of Work

12.2 Correction of Work

12.3 Acceptance of Nonconforming Work

GENERAL TERMS and CONDITIONS OF THE CONTRACT FOR CONSTRUCTION

13. MISCELLANEOUS PROVISIONS

13.1 Governing Law

13.2 Successors and Assigns

13.3 Written Notice

13.4 Contractor’s Use of Computer Software

13.5 Independent Contractor

13.6 Unenforceable Provisions

13.7 Expatriate Corporations

13.8 Domestic Partners

13.9 Air or Water Pollution Violation

13.10 Certification by Contractor of Disabled Veteran Business Enterprise/Small Business Participation

ACRONYMS

GENERAL TERMS and CONDITIONS OF THE CONTRACT FOR CONSTRUCTION

ARTICLE 1 - GENERAL PROVISIONS

1.1 DEFINITIONS: When the following terms appear in the Contract, they shall have the following meaning:

Acceptance of the Work: Written acceptance of the Work by the Director of the California Conservation Corps (CCC), State of California (State), or the Director’s designee.

Act of God: An Act of God shall include only the following occurrences or conditions and effects:

1. Earthquakes in excess of a magnitude of 3.5 on the Richter scale; or

2. Tidal waves.

Addendum (Addenda): A document issued by the State during the bidding period which modifies, supersedes or supplements the Contract Documents.

Alternative: Refer to Approved Equal and Substitution.

Applicable Codes: Include, but are not limited to, applicable laws, statutes, regulations, rules, building and other codes, ordinances, rulings, and lawful orders of all public authorities having jurisdiction over the State, the Contractor, Subcontractors, or the execution of the Work.

Approved Equal: Material, equipment, or method approved by the State for use in the Work, as being acceptable as an equivalent in essential attributes to the material, equipment, or method specified in the Contract Documents.

Agreement: The written and executed document known as the Contract Agreement.

Beneficial Occupancy: Occupancy and use by the State of all, or part, or parts, of the Work as selected by the State, prior to Completion.

Bidder: Any individual, partnership, corporation, association, joint venture, or any combination thereof, submitting a Bid Form for the Work.

Change Order: A written order issued by the State used to determine adjustments in the Contract based on:

1. a change in the Work,

2. the amount of the adjustment in the Contract Sum, and

3. the extent of the adjustment in the Contract Time.

Claim: An unresolved Dispute arising under or relating to the performance of the Contract which can only be filed after acceptance of the Work and the final statement to the Contractor.

Completion: When the entire Work has been performed in accordance with the Contract requirements as delineated in the Contract Documents and Project Manual. Completion of the Work occurs when the State’s final inspection has been made and all construction, services and deliverables have been fully executed as determined by the State’s Representative, including but not limited to completion of all punch-list items and delivery of as-built drawings, operation & maintenance manuals, guaranties, warranties, spare parts, reports and certifications, warranties, spare parts, reports and certifications as noted in the Project Manual, Contract: The Contract Documents from the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified by a Change Order. The Contract Documents shall not be construed to create a contractual relationship of any kind between any persons or entities other than the State and the Contractor.

GENERAL TERMS and CONDITIONS OF THE CONTRACT FOR CONSTRUCTION

Contract Documents: The Contract Documents consist of the Agreement between the CCC and Contractor, Payment and Performance Bonds; the Conditions of the Contract, including General, Supplementary and other Conditions; Drawings, Specifications, Addenda and Change Orders.

Contract Sum: The Contract Sum is stated in the Agreement and, including authorized adjustments by Change Order, is the total amount payable by the State to the Contractor for performance of the Work under the Contract Documents.

Contract Time: The Contract Time is the period of time, from the Start Date to the date of Completion of the Work, including authorized adjustments, allotted in the Contract.

Contractor: The individual, partnership, corporation, association, joint venture, or any combination thereof, who has entered into a contract with the State, identified as such in the Agreement, and referred to throughout the Contract as if singular in number. The term "Contractor" means the Contractor or the Contractor's representative.

Day: Calendar day, unless otherwise specifically defined.

Department: The California Conservation Corps (CCC), State of California.

Director: The Director of the CCC, State of California, or the Director's designee.

Dispute: A demand during performance of the Work seeking adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. A Dispute is not a Claim.

Drawings: The graphic and pictorial portions of the Contract Documents, illustrating the design, location and dimensions of the Work, generally including but not limited to, plans, elevations, sections, details, schedules and diagrams.

Emergency: A sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.

General Notes: The written instructions, provisions, conditions or other requirements appearing on the Drawings, and so identified thereon, which pertain to the performance of the Work.

Guarantee: The Contractor's assurance that the Project complies with the requirements of the Contract Documents.

Official Progress Schedule: The Contractor's baseline schedule and updates accepted by the State.

Or Equal: Refer to Approved Equal.

Owner: The State of California.

Product Data: Illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work.

Project: The total construction of which the Work performed under the Contract may be the whole or a part.

Project Manual: The volume(s) assembled for the Work which includes the Introductory Information, Bidding Requirements, Contracting Requirements, Specifications, and other information as may be listed in the Project Manual Table of Contents.

Retention: A percentage of the Contract Sum held back upon completion of the Work, or any portion of the Work, to cover outstanding liabilities, contingencies, and the like, as specified in the Contract Documents.

Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged.

GENERAL TERMS and CONDITIONS OF THE CONTRACT FOR CONSTRUCTION Schedule of Values: A document furnished by the Contractor to the State reflecting the portions of the Contract sum allotted for the various parts of the Work, and used as the basis for reviewing the Contractor's applications for payment request.

Shop Drawings: Drawings, diagrams, schedules, and other data specially issued for the Work by the Contractor or a Subcontractor, Sub-subcontractor, and material suppliers to illustrate some portion of the Work.

Specifications: The portion of the Contract Documents consisting of the written requirements for materials, standards, equipment, construction systems, and standards of workmanship for the Work, and performance of related services.

State: The State of California acting through the CCC.

State Construction Supervisor/Inspector: The person(s) authorized by the State to provide inspection services, field coordination and quality control during construction.

State Contract Act: The act which is set forth in the California Public Contract Code (PCC), §10100, et seq.

State's Representative: Person(s) authorized by the State to act on behalf of the State for the Project.

Subcontractor: An individual, partnership, corporation, association, joint venture, or any combination thereof, who has a direct contract with the Contractor to perform work or labor or render service in or about the Work. The term "Subcontractor" is referred to as if singular in number and means a Subcontractor or a representative of the subcontractor. The term "Subcontractor" shall not include those who supply materials only or a separate contractor or subcontractors of a separate contractor.

Sub-subcontractor: A person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the work. The term "Sub-subcontractor" is referred to as if singular in number and means a Sub-subcontractor or a representative of the Sub-subcontractor.

Substitution: A material and/or process offered by the Contractor in lieu of the specified…