RFP_P08722401_Flooring_Services_for_CBT_Modular_Buildings.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

May 15, 2024

REQUEST FOR PROPOSAL (RFP)

RFP No. P08722401

TURNKEY FLOORING SERVICES FOR CBT MODULAR BUILDINGS

Notice to Prospective Contractors

The California Prison Industry Authority (CALPIA) invites you to review and respond to this Request for Proposal (RFP), entitled Turnkey Flooring Services for Cognitive Behavioral Treatment (CBT) Modular Buildings, RFP No. P08722401. 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.

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, Due Date/Time: June 19, 2024 by 3:00 PM CALPIA Contact SUBMIT BID TO:

Quica Teames, Contract Analyst Phone: (916) 358-2756

Email: Quica.Teames@calpia.ca.gov

California Prison Industry Authority Attention: Quica Teames, Contract Analyst

560 East Natoma Street Folsom, CA 95630

California Prison Industry Authority (CALPIA) RFP No. P08722401 Turnkey Flooring Services for Cognitive Behavior Treatment (CBT) Modular Buildings

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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 seven (7) months 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 4 B. Bid Information 4 C. Bidder’s Submittal Requirements 6 D. Bid Evaluation 8 E. Licenses and Permits 8 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

Exhibits 1, 2, and 3: Building Plans, Specifications Volume 1, and Volume 2 Attachment C: Cost Sheet Attachment D: Experience/Past Performance (References)

Attachment E: Past Performance Questionnaire

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

Attachment G: Payment Bond Sample

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

Attachment I: Performance Bond Sample

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

Attachment K1: Payee Data Record (STD 204)

Attachment K2: Payee Data Record Supplement (STD 205)

Attachment L: Contractor Certification Clauses

Attachment M: Bid/Bidder Certification Sheet Attachment N: Post-Consumer Content Certification Attachment O: Darfur Certification

Attachment Q: PREA Volunteer/Contractor Information Sheet

Attachment R: Appropriate Attire Policy

Attachment S: General Conditions of the Contract for Construction

Attachment T: Economic Sanctions Certification

Attachment U: GenAI Disclosure & Factsheet Form (STD 1000)

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 Q: PREA Volunteer/Contractor Information Sheet 3 pages

Attachment T: Economic Sanctions Certification 1 page

Attachment U: GenAI Disclosure & Factsheet Form (STD 1000) Bidder Instructions and Contract Provisions:

Instructions to Bidders REV-0313 7 pages

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/

TABLE OF CONTENTS

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A. Purpose and Description of Service

The California Prison Industry Authority (CALPIA) requires turnkey flooring services for three

(3) triple wide Cognitive Behavioral Treatment (CBT) Modular Buildings for the CALPIA Modular Buildings Enterprise (MBE) located at California State Prison, Sacramento (SAC) in Represa, California as described herein and per the Building Plans, Specifications Volume 1 & Specifications Volume 2 for Yard A (Exhibit 1), Yard B (Exhibit 2), and Yard C (Exhibit 3) which are attached hereto and made part of this agreement.

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

Interested bidders may attend the optional pre-bid conference and walkthrough located at California State Prison, Sacramento (SAC) 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 May 15, 2024

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

5/22/2024 10:00 AM

OPTIONAL Pre-bid Conference and Walkthrough located at:

Central Office 560 E. Natoma St Folsom, CA 95630

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

5/29/2024 10:00 AM

Deadline for Submittal of Questions 6/5/2024 3:00 PM CALPIA Response to Submitted Questions 6/12/2024 3:00 PM Final Date for Bid Submission/Bid Opening 6/19/2024 3:00 PM Successful Bidder Letter and Posting of Intent to Award* 6/26/2024 5:00 PM Last Day to Appeal Intent to Award* 7/3/2024 5:00 PM Proposed Start Date of Agreement* July 11, 2024

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2. Pre-bid Conference and Walkthrough

An optional pre-bid conference/walkthrough is scheduled for 10:00 AM on Wednesday, May 29, 2024, at California State Prison, Folsom (see address above) for the purpose of discussing and illustrating the requirements of this RFP.

Primary Contractors may 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 optional pre-bid conference or walkthrough.

Those attending the optional pre-bid conference and walkthrough held at California State Prison, Folsom are required to confirm attendance (RSVP) by contacting Quica Teames via email at Quica.Teames@calpia.ca.gov or via telephone at (916) 358-2756 at least seven (7) days prior to the scheduled pre-bid conference/walkthrough. Confirmation of attendance (RSVP) must be received on or before Wednesday, May 22, 2024. At the time of RSVP, Bidders are required to provide their Driver’s License or California Department of Motor Vehicles (DMV) identification card number, date of birth, and complete name (first, middle, and last) for each individual attending in order to be admitted to the optional pre-bid conference and walkthrough.

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.

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 Q, 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 no later than Wednesday, May 22, 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 given will be binding upon the CALPIA unless such information is issued in writing as an official addendum to this RFP.

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Bidders are encouraged to submit questions prior to the optional pre-bid conference and walkthrough but the deadline for final question submittal is 5:00 PM on June 5, 2024. Questions must be submitted via email to Quica.Teames@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 two (2) 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). The 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.

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.

Company Name Company Address

RFP Number: P08722401 RFP Name: Turnkey Flooring Services for CBT Modular Buildings Attention: Quica Teames

BID SUBMITTAL – DO NOT OPEN

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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 for ensuring 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 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.

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Executive Order N-12-23 – Generative Artificial Intelligence (GenAI): The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

Bidders/Offerors must notify the State in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors.

The State has developed a GenAI Disclosure & Factsheet (STD 1000) to be completed by the Bidder/Offeror. Failure to disclose GenAI to the State and submit the GenAI Disclosure & Factsheet will result in disqualification of the Bidder/Offeror and may void any resulting contract The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

Upon receipt of a Bidder/Offeror GenAI Disclosure & Factsheet, the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the State.”

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

The 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

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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

_____ 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 6 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 Q: PREA Volunteer/Contractor Information Sheet _____ Attachment T: Economic Sanctions Certification _____ Attachment U: GenAI Disclosure & Factsheet Form (STD 1000)

Additional Items Description (If Applicable)

_____ Copy of applicable CSLB license(s) (Outlined on Page 8 in Section E, Item 1)

_____ Copy of Business License(s) and/or permit(s) as required by the state, city, and/or county (Outlined on Page 9 in Section E, Item 2)

_____ Proof of Department of Industrial Relations (DIR) registration (Outlined on Page 7 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 7 in Section C)

STATE OF CALIFORNIA

STANDARD AGREEMENT ATTACHMENT B

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

RFP No. P08722401

REGISTRATION NUMBER

TURNKEY FLOORING SERVICES FOR CBT MODULAR BUILDINGS 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

TBD

2. The term of this

Month Day, 2024, or upon approval, whichever is the later, through Month Day, 2025 Agreement is:

3. The maximum amount $0.00 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 11 pages

Exhibit 1 – Yard A Building Plans, Specifications Volume 1 & Specifications Volume 2 1 page

Exhibit 2 – Yard B Building Plans, Specifications Volume 1 & Specifications Volume 2 1 page

Exhibit 3 – Yard C Building Plans, Specifications Volume 1 & Specifications Volume 2 1 page

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

CONTRACTOR’S NAME

, or upon approval, whichever is the later, through , or upon approval, whichever is the later, through Month Day, Month Day, 2025

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

Yard A Building Plans, Specifications Volume 1 & Specifications Volume 2Yard A Building Plans, Specifications Volume 1 & Specifications Volume 2

Yard B Building Plans, Specifications Volume 1 & Specifications Volume 2Yard B Building Plans, Specifications Volume 1 & Specifications Volume 2

Yard C Building Plans, Specifications Volume 1 & Specifications Volume 2Yard C Building Plans, Specifications Volume 1 & Specifications Volume 2

Appropriate Attire Policy

General Conditions of the Contract for Construction REV0720General Conditions of the Contract for Construction REV0720

Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached. 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 These documents can be viewed at http://www.calpia.ca.govhttp://www.calpia.ca.gov,http://www.calpia.ca.gov (select About tab, then select Doing Business with

Contractor Initials confirming acceptance of documents incorporated by reference: _Contractor Initials confirming acceptance of documents incorporated by reference: _

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

CONTRACTORCONTRACTOR

(if other than an individual, state whether a corporation, partnership, etc.)(if other than an individual, state whether a corporation, partnership, etc.)

(Authorized Signature)(Authorized Signature)

PRINTED NAME AND TITLE OF PERSON SIGNINGPRINTED NAME AND TITLE OF PERSON SIGNING

ADDRESSADDRESS

California Prison Industry Authority (Authorized Signature)

Turnkey Flooring Services for Cognitive Behavioral Treatment (CBT) Modular Buildings

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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 turnkey flooring services for three (3) triple wide, Cognitive Behavioral Treatment (CBT) Modular Buildings for CALPIA Modular Building Enterprise (MBE) located at California State Prison, Sacramento (SAC) in Represa, California as described herein and per the Building Plans, Specifications Volume 1 & Specifications Volume 2 for Yard A (Exhibit 1), Yard B (Exhibit 2), and Yard C (Exhibit 3).

A. The Contractor shall furnish all labor, including travel and per diem, materials, non-consumable supplies, parking fees and bridge tolls, insurance, transportation, equipment, and every other item of expense necessary to perform services.

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 (MBE) located at:

A. California State Prison, Sacramento (SAC) 100 Prison Road Represa, CA 95671

3. The services shall be provided during normal business hours, 7:00 AM to 4:00 PM Monday through Thursday, except State holidays, and as directed by the CALPIA Project Representative, or designee.

A. Services shall be coordinated and scheduled with the CALPIA Project Representative, or designee, prior to any work being performed.

B. Upon building placement, the schedule shall be established. It is anticipated that the first building will be ready for flooring installation July 2024, the second building September 2024, and the third building December 2024.

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C. Upon mutual agreement between the CALPIA Project Representative, or designee, and the Contractor, working hours may be modified as necessary to meet the completion deadline of February 1, 2025.

i. In the event this project is not completed by the date specified in Section 3, Part C above, liquidated damages will be accessed at the daily rate established per Section 18 of this agreement and in accordance with Clause 7.3 of the General Conditions of the Contract for Construction (Attachment S).

D. The Contractor is not permitted to work overtime hours unless approved in advance 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.

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 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.

State Agency: CALPIA Contractor:

Section/Unit: Modular Building Enterprise (MBE) Section/Unit:

Attention: Attention:

Address: Address:

Phone: Phone:

Fax: Fax:

Email:

Email:

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

C. The 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. The 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.

8. The Contractor shall provide the CALPIA with all labor, materials, and equipment required to successfully complete turnkey flooring services for three (3) CBT modular buildings as described herein and in the Building Plans, Specifications Volume 1 & Specifications Volume 2 for Yard A (Exhibit 1), Yard B (Exhibit 2), and Yard C (Exhibit 3), which includes but is not limited to the following:

A. Before beginning any work, the Contractor shall;

i. Schedule a pre-construction meeting with the CALPIA Project Representative, or designee, and the project’s design engineer a minimum of two (2) weeks prior to beginning any construction.

a. CALPIA may require certain subcontractors to attend the meeting; the Contractor is expected to coordinate with the CALPIA Project Representative, or designee, to determine subcontractor attendees.

ii. Field verify all dimensions, conditions, and utilities, and notify the CALPIA Project Representative, or designee, and the architect/engineer promptly of any discrepancies before proceeding with the affected work.

a. All critical dimensions for existing conditions shall be verified in the field before fabrication or construction of any new work.

b. The Contractor shall verify and locate all existing underground utilities and shall protect them from damage.

c. The Contractor shall bear all the expense for repair or replacement of utilities and/or other property damaged by operations in conjunction with the execution of work completed under this agreement.

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iii. Inspect and verify the location and condition of every item affected by the work outlined in this agreement and report discrepancies to the CALPIA Project Representative, or designee, and the architect/engineer before proceeding with the work in question.

iv. Inspect the existing site conditions and determine the extent of the existing finishes, specialties, and other items which must be removed and installed in order to perform the work intended under this agreement.

v. Provide and install all falsework/temporary structures (i.e., props, scaffolding, etc.) as needed per the work contemplated herein.

B. Provide flooring for the buildings in accordance with the Building Plans, Specifications Volume 1, and Specifications Volume 2 for Yard A (Exhibit 1), Yard B (Exhibit 2), & Yard 3 (Exhibit 3).

C. The Contractor shall provide the following flooring materials:

i. Armstrong Medintech Diamond 10 Technology Homogeneous Sheet goods (Medintone Collection; color: Chateau Grey 84620) as identified on the Flooring Plan, Exhibit 1, Exhibit 2, and Exhibit 3.

D. The Contractor shall provide normal floor preparation:

i. Installation and materials to float floors as needed;

ii. Bottom of wall preparation for coved base application at all interior and exterior walls.

E. The Contractor shall provide tools including but not limited to the following:

i. Materials for leveling;

ii. Materials to float floors;

iii. 100-pound roller;

iv. Any other tools required and necessary to provide an installation of sheet vinyl flooring per the manufacturer’s specification.

9. 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.

10. 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.

11. All work shall be performed in strict compliance with at least the minimum standards and latest editions of the following:

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A. California Building Standards Administration Code;

B. California Building Code (CBC);

C. California Fire Code (CFC);

D. Occupational Safety and Health Administration (OSHA);

E. California Code of Regulations (CCR);

F. American National Standard Institute (ANSI);

G. California State Fire Marshal (CSFM);

H. All other regulations, codes, and authorities governing work of this nature.

12. Miscellaneous

A. Upon receipt of the approved contract, the Contractor shall provide a schedule to the CALPIA Project Representative or designee within seven (7) days outlining the construction plan and the amount of time necessary to complete the project.

i. All flooring work for this project shall be completely installed and in working order no later than the completion deadline provided in Section 3, Part C of this agreement.

13. Material and Workmanship

A. All material shall be new and shall have the Underwriters Laboratories label attached. The label shall be of the type for the intended application. The work throughout shall be executed in the best and most thorough manner under the direction of, and to the satisfaction of, the CALPIA Project Representative, or designee, who will interpret the meaning of the Drawings and Service Requests. The CALPIA Project Representative, or designee, shall have the power to reject any work and materials.

B. If, after installation, the CALPIA Project Representative, or designee, determines the equipment to be operating at substandard levels due to defects, errors, or omissions, the CALPIA Project Representative, or designee, reserves the right to discontinue operating the equipment until it can be corrected and/or replaced by the Contractor at the Contractor's sole expense. The Contractor shall be responsible for all damages to work of other trades caused by its defective equipment and shall incur all costs for its repair and/or replacement.

C. Where trade and manufacturers’ names are specified or indicated on the drawings, they are intended to indicate the standard of material or articles required. This shall not remove the responsibility of the Contractor from verifying the equipment’s compliance with all rules and regulations governing the use of such equipment. No equipment shall be purchased without written authorization by the CALPIA Project Representative, or designee.

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D. The Contractor shall protect State Property and surrounding areas where working from damage (i.e., laying tarp, plastic), the Contractor shall repair and/or replace any damaged areas or surfaces resulting from inadequate protection, at no cost to CALPIA. The CALPIA Project Representative, or designee, must approve the person conducting repairs before any said repair work is to be completed, if not by the Contractor.

E. The Contractor shall maintain the work site in an orderly and safe manner throughout the term of the agreement.

F. The Contractor shall maintain continuous operations of existing facilities affected by work being done.

14. Institutional Lockdowns and/or Shutdowns

A. In the event the Contractor is performing onsite work and the institution experiences a shutdown and/or lockdown, the Contractor will be reimbursed once, per occurrence, in accordance with the rate for “Standby Time” as listed on the Cost Sheet, Attachment C.

i. Reimbursement is contingent on the Contractor being onsite during the occurrence and will not continue beyond the first day regardless of the ongoing duration (i.e. days, weeks, etc.) of the institutional shutdown and/or lockdown.

ii. CALPIA will endeavor to provide the Contractor with 24-hour advance notification of institutional shutdowns and/or lockdowns whenever possible, however, the Contractor recognizes that this notification may not always be possible as shutdowns and/or lockdowns may be unforeseen.

15. Guarantee

A. The Contractor shall guarantee all labor and workmanship and/or equipment and parts for a minimum period of one (1) year from the date of acceptance.

B. Defects in workmanship and/or equipment and parts which appear during that period shall be corrected at the Contractor’s expense.

16. 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.

17. Final Clean Up

A. The Contractor shall leave the work site in a clean and neat condition. If the work site is not left in a clean and neat condition, the Contractor shall be called back to clean the work site as required, at its sole expense. No invoices shall be paid unless the site has been cleaned to the satisfaction of the CALPIA Project Representative, or designee. All debris generated by the Contractor’s performance of this work, including all discarded parts, shall be removed from the work site upon completion of the service, hauled away, and legally disposed of by the Contractor, according to all local, State and Federal laws.

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B. Abatement will be conducted by CALPIA in advance of any work to be performed by the Contractor. CALPIA will contract the removal of hazardous materials for environmental testing and abatement, when necessary.

C. If work between multiple Contractors should overlap, the CALPIA Project Representative, or designee, may set up a meeting between all the Contractors to discuss timelines and how the Contractors can work together to ensure all work is being completed timely and not to interfere or disrupt normal business hours.

18.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.

19. Liquidated Damages

A. Per Clause 7.3 of the General Conditions of the Contract for Construction (Attachment S), liquidated damages will be assessed 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.

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18.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.

19.Buy Clean California Act (BCCA)

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.

20. Executive Order N-12-23 – Generative Artificial Intelligence (GenAI)

The State of California seeks to realize the potential benefits of Generative Artificial Intelligence (GenAI), through the development and deployment of GenAI tools, while balancing the risks of these new technologies. Failure to disclose GenAI to the State and submit the GenAI Disclosure & Factsheet may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure. Upon receipt of a Bidder/Offeror GenAI Disclosure & Factsheet, the State reserves the right to incorporate GenAI Special Provisions into the final contract.

21. 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:

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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.

22.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 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…