SN159205_15SR_4ifb.doc

DEPARTMENT OF DEVELOPMENTAL SERVICES

SONOMA DEVELOPMENTAL CENTER

INVITATION TO BID

Checklist

Project Number: 15 SR #4 Project Title: Replace Pipes and Sand Media Mandatory Site Inspection – at: Sonoma Developmental Center

April 12, 2016 @ 10:00 a.m.

Sign in at Plant Operations Building

15000 Arnold Drive

Eldridge, CA 95431

Bid Opening – at: Sonoma Developmental Center

May 10, 2016 @ 2:00 p.m.

Porter Administration Building, Room 216 15000 Arnold Drive

Eldridge, CA 95431

MANDATORY PRE-BID/SITE INSPECTION - CONTRACTORS TO MEET IN THE OFFICE OF PLANT OPERATIONS - SONOMA DEVELOPMENTAL CENTER. CONTRACTOR MUST COME PREPARED TO MEASURE THE ENTIRE JOB (if required) AT THIS TIME. Contractor’s not attending this mandatory site inspection will be unable to submit a bid.

“Late arrivals to the mandatory site inspection will not be admitted.”

BID PACKAGE CONSISTS OF:

Notice to Contractors (DS 1393)

Instructions to Bidders (DSP 1397)

Exhibit A: Bid Proposal (DS 1395) (MUST BE RETURNED WITH BID)

ALL DVBE DOCUMENTS WILL BE HANDED OUT AT THE PRE-BID.

Program Requirements – 4 Pages

Bid Incentive Instructions – 3 Pages STD 843-DVBE Declarations – 1 Page

Bidder Declaration Form – 2 Pages (RETURN WITH BID) Contractor Certification (CCC-307) (FIRST PAGE MUST BE RETURNED WITH BID) Exhibit B: General Terms and Conditions (GTC 610)

Exhibit C: Special Conditions

Exhibit D: Specifications

Exhibit E: Plans/Drawings (WILL BE HANDED OUT AT THE PRE-BID) *Small Business Preference And Certification Request (STD 811) (IF APPLICABLE MUST BE

RETURNED WITH BID)

*Non-Collusion Affidavit (DS 1400) (NOTARIZED AND RETURNED WITH BID) *Contractor References/Qualifications (Refer to No. 14 of Special Conditions - MUST BE

RETURNED WITH BID ON COMPANY LETTERHEAD)

*10% Bid Bond – Form Attached (MUST BE RETURNED WITH BID)

STATE OF CALIFORNIA – HEALTH AND HUMAN SERVICES AGENCY

DEPARTMENT OF DEVELOPMENTAL SERVICES

NOTICE TO CONTRACTORS

DS 1393 (Rev. 02/08)

Project No. 15 SR #4 Sealed bids will be received at the office of Contract Services Sonoma Developmental Center

(Center) Porter Admin. Building, Rm 216, 15000 Arnold Drive, CA 95431 until 2:00 p.m. on May 10, 2016 (Address) (Time) (Date) at which time they will be publicly opened and read for performing work to furnish all labor, materials, tools, and equipment necessary to remove and replace existing corroded pipe system, filter media and water filter sections as noted on project drawings at the Sonoma Developmental Center, in accordance with plans and specifications.

Bidders for this project must possess a current A classification license(s) issued by the Contractors' State License Board. If the bidder is not licensed as specified, the bid will be disregarded. Joint Venture bidders must possess a Joint Venture License.

Preference will be granted to bidders certified as a "Small Business" in accordance with Section 1896 et seq., Title 2, California Code of Regulations. Applications for preference must be submitted to and approved by the Office of Small and Minority Business, 1531 I Street, 2nd Floor, Sacramento, CA 95814-2016.

Bids must be submitted for the entire work described therein. Deviations from plans and specifications will not be considered and will be cause for rejections of bids. The Department has the right to waive any irregularity in a bid or to reject any or all bids. No bid will be considered unless it is made on a standard form furnished by the Department and is made in accordance with the "Instructions to Bidders."

Prospective bidders may examine and obtain plans, specifications, and bid forms by contacting: Nicole Holscher @ (707) 938-6426, Fax (707) 938-6351, or e-mail: nicole.holscher@sonoma.dds.ca.gov .

A payment bond, Standard Form 807 in an amount not less than 100 percent of the contract price must accompany every contract involving an expenditure in excess of $5,000.

The successful bidder will be required to enter into a contractual agreement in the form of a "Standard Agreement, form STD 213" which shall be binding upon the State of California only upon approval by the State. The contract is not binding on either party unless and until it is approved by the appropriate state agencies, including the Department of General Services, if required.

All nonexempt state contracts of $5,000 or more are subject to state contractor nondiscrimination and compliance requirements pursuant to Government Code, Section 12990 and Title 2, California Code of Regulations, Division 3, Section 8201. A bid for a public works contract, which is submitted by a bidder who has been decertified from contracting with the State by the Department of Fair Employment and Housing, shall be deemed to be non-responsive and shall be rejected.

The Department of Developmental Services is soliciting bids from Disabled Veteran Business Enterprises in order to meet the Department's established goals of 3 percent for Disabled Veteran Business Enterprises (DVBE), to comply with Section 10115, et seq., of the Public Contract Code and Title 2, California Code of Regulations, Section 18060.60, et seq. The DVBE incentive program is being applied on this project. Refer to the DVBE Program Requirements for details.

In accordance with the provisions of Section 1773 of the Labor Code, the Department has ascertained that the general prevailing rates of wages applicable in the county in which the work is to be done are those rates established and published by the Director of the Department of Industrial Relations. Copies of the wage rates are on file at the Office of the Chief of Plant Operations III, Sonoma Developmental Center.

(Center) Mandatory site inspection will be held April 12, 2016 10:00 a.m.

Sonoma Developmental Center (Date) (Time) (Developmental Center) Plant Operations, 15000 Arnold Drive, Eldridge, CA 95431

(Site Inspection Address)

Please arrive on time at the site inspection-Late arrivals at the Mandatory Site Inspection will not be admitted.

Mario Pasquini

Chief of Plant Operations III

State of California---Health and Welfare Agency Department of Developmental Services

INSTRUCTIONS TO BIDDERS

Contract Number 15 SR #4/SN159205

DSP 1397 (REV. 10/09)

1.

GENERAL - These instructions form a part of contract documents and shall have same force as any other contract documents, including the General Terms and Conditions and Special Conditions.

2.

LICENSE - Bidders are to possess an active license in good standing as specified in the “Notice to Contractors.”

3. EXAMINATION OF BID DOCUMENTS AND SITE - Bidder shall carefully examine site of work, plans and specifications. Bidder shall investigate conditions, character, quality and quantity of surface, and subsurface materials or obstacles to be encountered.

4.

DISCREPANCIES OR ERRORS AND ADDENDA - If omissions, discrepancies, or errors are found in plans and specifications prior to date of bid opening, bidder shall require clarification which will be given only in form of addenda to all bidders if time permits. Otherwise, in figuring the work, bidders shall consider that any discrepancies or conflict between drawings and specifications shall be governed by Article 19 of Special Conditions, Exhibit C.

5.

BIDS -

A.

Proposal Forms will be furnished to each eligible bidder for submittal as a bid, when filled out and executed. Proposal form is not transferable and must be submitted in same name style and manner as indicated on bidder’s license.

B.

List of Proposed Subcontractors. Each proposal shall have listed therein the name and address of each subcontractor to whom the bidder proposes to subcontract portions of the work in an amount in excess of one half of one percent of the total bid in accordance with the Subletting and Subcontracting Fair Practices Act, commencing at Section 4100 of the Government Code.

C.

Bids shall not be qualified. Any proposals modifying the conditions of the bid will be disregarded. Deviations from specifications and/or drawings will not be considered and may be cause for rejection of bids. Faxed bids will not be accepted.

D.

Bids shall include the cost of all items shown on the Drawings, mentioned in Specifications, or reasonably inferred there from as necessary to complete the work within the intent of the Contract Documents.

E.

Bids shall include all applicable federal, state and other taxes, together with the cost of all permits, licenses and the like, which may be required under various laws and ordinances.

F.

No bids will be received after the time set for the bid opening.

G.

Bids will be opened and read publicly at the time and place specified on the Notice to Contractors or as changed by an “Addendum to the Contract Documents.” Bidders or their authorized agents are authorized to attend.

H.

Any bid may be withdrawn prior to the hour fixed in the Notice to Contractors, provided a request for withdrawal is submitted in writing by the bidder or duly authorized representative and filed at the place shown on the Notice to Contractors.

I.

No bids may be withdrawn after the bid opening.

6.

SUBMISSION OF BIDS - Bidder is responsible to see that the sealed bid is received at proper time and place; any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened.

7.

AWARD OF CONTRACT - Right is reserved to reject any and all bids and to waive any irregularity in any bid received. If contract is awarded, it will be awarded after opening of bids or lowest responsible bidder whose bid complies with all prescribed requirements as outlined in Special Conditions, Exhibit C.

8.

PAYMENT BOND TO ACCOMPANY CONSTRUCTION CONTRACT (STD 807) - To accompany contracts for projects over $5,000, the Contractor shall furnish a Payment Bond to Accompany Construction Contract (STD 807) and for projects over $10,000, the Contractor shall furnish a Performance Bond to Accompany Construction Contract (DS 1399) in an amount not less than 100 percent of the total contract amount securing the payment of laborers, mechanics, or material suppliers employed on the work under contract.

9.

INSURANCE - The successful bidder shall furnish concurrently with execution of the contract a Certificate of Insurance covering Worker’s Compensation or a Certificate to Sell-Insure issued by the Department of Industrial Relations or a letter from the contractor indicating contractor has no employees and also a Certificate of Insurance covering public liability as required under Special Conditions, Exhibit C.

10.

SIGNATURE BY CONTRACTOR – Contract and other documents shall be signed by successful bidder in six copies and returned within eight days of receipt, not including Saturdays, Sundays and legal holidays.

11.

CONTRACTOR CERTIFICATION - A Certification, CCC -307, shall be signed by the bidder and be submitted with the bid.

12.

NON-COLLUSION AFFIDAVIT - A Non-Collusion Affidavit shall be signed by the bidder, notarized and submitted with the bid.

13.

SMALL BUSINESS PREFERENCE - If bidder is on file with Office of Small Business Certification and Resources (OSBCR), a Small Business Preference and Certification STD 811 must be signed by the bidder and submitted with the bid. Section 14835, et seq. of the California Government Code requires that a 5 percent preference be given to bidders who qualify as a small business. The rules and regulations of this law, including the definition of a small business for the delivery of service, are contained in Title 2, California Code of Regulations, Section 1896, et seq. A copy of the regulations is available upon request. To claim the small business preference which may not exceed $50,000 for any bid, your firm must have its principal place of business located in California, have a complete application (including proof of annual receipts) on file with the OSBCR by 5 p.m. on the date bids are opened, and be verified by such office. Questions regarding the preference approval process should be directed to OSBCR at (916) 322-5060.

14.

DISABLED VETERAN BUSINESS ENTERPRISE PARTICIPATING GOALS - Refer to the DVBE Program Requirements for details and submit the GSPD-05-105-Bidder Declaration with your bid.

EXHIBIT A

State of California--Health and Human Services Agency

Department of Developmental Services

BID PROPOSAL

DS 1395 (02/08)

TO: Department of Developmental Services

Sonoma Developmental Center

Mario Pasquini, Chief of Plant Operations

15000 Arnold Drive

Eldridge, CA 95431 Developmental Center

Sonoma Developmental Center

Project Number

15 SR #4

Fiscal Year 15/16

CONTRACT NUMBER

SN159205

Federal I.D. # or Soc. Sec. #

The undersigned hereby proposes to furnish all labor, materials, tools, transportation, equipment and any other services necessary to:

remove and replace existing corroded pipe system, filter media and water filter sections as noted on the project drawings.

For the total sum of ________________________________________________________($_____________________) Is preference as a small business requested for this bid? Yes, OSDC Ref. #____________ Application In Process No

If yes, please include a copy of your OSDC Certification Approval Letter, or if not certified yet, a copy of evidence of application and the

Small Business and Certification Request (STD 811) with this bid.)

Indicate your organization type: Sole Proprietorship Partnership Corporation, Corporation #____________ Not Applicable

List below the information requested for all subcontractors.

to be Performed License

Number Subcontract

Amount ($)

1.

2.

3.

4.

Contractor’s Company/Business Name (Print or Type)

Address

Contractor’s License Number

Official’s Name and Title Signing (Print or Type)

Contractor’s License Classification

License Expiration Date

MO_____ DAY______ YR_________

Valid Telephone Number

By signing this bid, the bidder/contractor certifies under penalty of perjury the accuracy of the representations made on this bid form.

CONTRACTOR:

CONTRACT #:

SN159205

Contractor’s/Official’s Signature:

Date:

CCC-307

Contract # 15 SR #4/SN159205

CERTIFICATION

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.

Contractor/Bidder Firm Name (Printed)

Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

CONTRACTOR CERTIFICATION CLAUSES

1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 8103) (Not applicable to public entities.)

2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:

a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.

b. Establish a Drug-Free Awareness Program to inform employees about:

1) the dangers of drug abuse in the workplace;

2) the person's or organization's policy of maintaining a drug-free workplace;

3) any available counseling, rehabilitation and employee assistance programs; and,

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

c. Every employee who works on the proposed Agreement will:

1) receive a copy of the company's drug-free workplace policy statement; and,

2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)

CCC-307 Page 1 of 4

3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.)

4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.

Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.

Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services.

5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.

6. SWEATFREE CODE OF CONDUCT:

a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.

b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor’s compliance with the requirements under paragraph (a).

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7. DOMESTIC PARTNERS: For contracts over $100,000 executed or amended after January 1, 2007, the contractor certifies that contractor is in compliance with Public Contract Code section 10295.3.

DOING BUSINESS WITH THE STATE OF CALIFORNIA

The following laws apply to persons or entities doing business with the State of California.

1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code §10410):

1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.

2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Pub. Contract Code §10411):

1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.

2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420)

Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))

CCC-307 Page 3 of 4

2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)

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

4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.

5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:

a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled.

b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.

c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by going to the Office of the Secretary of State website at www.sos.ca.gov.

6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity.

CCC-307 Page 4 of 4

GTC 610

Contract # SN159205 15 SR#4

EXHIBIT B

GENERAL TERMS AND CONDITIONS

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

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

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

GTC-610 Page 1 of 4

8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.

9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 307 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12. TIMELINESS: Time is of the essence in this Agreement.

13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

GTC-610 Page 2 of 4

15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.

a. The Government Code Chapter on Antitrust claims contains the following definitions:

1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.

2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.

b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.

c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.

d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:

a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and

b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

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17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:

a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.)

b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) 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; 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. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)

20. LOSS LEADER:

If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)

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SPECIAL CONDITIONS

Project number: 15 SR #4

EXHIBIT “C”

Project Name: Replace Pipe & Sand Media 1.

LOCATION OF SITE:

The site of work is on State of California property located at Sonoma Developmental Center, specifically 15000 Arnold Drive, Eldridge, CA 95431.

2.

CONTRACT TIME:

Contractor obligates himself to complete all work of the contract in 60 working days, starting on a date of which contractor shall be notified by the Chief of Plant Operations III or his designee.

3.

CONTRACTORS LICENSE:

Contractor must possess a current A license(s) issued by the State Contractor's License Board.

4.

PRE-BID MEETING AND INSPECTION OF PREMISES:

There will be a pre-bid meeting and site inspection tour for prospective bidders at the date, time and place shown in the

Notice to Contractors. Contractors must attend pre-bid meeting and site inspection tour on date and time indicated in

“Notice to Contractors” in order to bid this project.

5.

BID BOND:

A Bid Bond amounting to 10% of the Contractor's bid is required for this contract.

6.

WORKING CONDITIONS:

Buildings and areas near which the work is to be performed will be in use and occupied during the contract period;

however, adjustments will be made as possible by the State as the work progresses, to give the Contractor maximum free access to the work areas without undue interference. The Contractor’s employees, equipment, etc., shall be restricted to the immediate areas of work to be done. Periods that the Contractor will have any building entrance, or exit out of service, shall be coordinated with the Office of the Chief of Plant Operations III or designee, and shall be at such time and of such duration as may be directed by the Chief of Plant Operations III or designee. The Contractor is responsible to supply their own dumpsters to dispose of any debris and waste material resulting from work and they are also responsible to supply their own porta potties.

7.

MATERIAL:

Contractor shall submit three (3) copies of equipment and materials to be used and shall obtain prior written approval of equipment and materials from the Chief of Plant Operations III before installation. Equipment and materials proposed for use shall bear the manufacturer’s name and the Federal or State ASTM, ASHRAHE, and ASME specifications with which it complies. All equipment and materials must be certifiable and compatible for use with each other.

8.

SECURITY REGULATIONS:

The contractor shall cooperate with Sonoma Developmental Center’s authorities and shall observe and comply with all regulations in force on the facility grounds. In order to ensure the utmost safety of the clients and employees, and the safekeeping of the Contractor's property, Contractor's vehicle(s), tool cribs and any other storage bins must be locked at all times while on the grounds of the facility.

9.

WEAPONS:

Contractor agrees, as referenced in Penal Code Section 171b, not to allow or permit any of its employees, subcontractors, suppliers or any other person or persons involved in this contract possession of any weapon, and, further accepts sole responsibility for any violation while on the grounds of Sonoma Developmental Center.

Special Conditions Page 1 of 12 10.

FEDERAL HEALTH CARE PROGRAMS EXCLUSION CERTIFICATION:

Contractor hereby certifies that the employees and/or subcontractors providing services under this Contract has not been excluded from participating in federally funded health care programs. Contractor understands and agrees that should any such exclusion occur during the term of this Contract, Contractor shall report such exclusion to the facility Director in writing within five (5) days from the date of the exclusion or at the time Contractor learns of the exclusion. In addition, Contractor understands and agrees that payment shall not be made for any services provided during the period of exclusion, or if payment has already been made, Contractor will be required to reimburse the facility the full payment.

(Contractor may obtain information and check list of excluded persons by visiting www.oig.hhs.gov).

11.

JOB START MEETING:

Upon receipt of word that the Contract has been approved, Plant Operations will notify the contractor and a Job Start Meeting will be scheduled.

Before starting any work of this contract, the contractor shall submit to the Chief of Plant Operations III or his designee at the Job Start Meeting, in writing, a planned schedule of work for review and approval. This shall include arrangement of the sequence of work. The actual commencement of construction activity shall be cleared through the Chief of Plant Operations III or designee at least two working days prior to the job start.

12.

REMOVAL OF DEBRIS AND WASTE MATERIAL:

Contractor shall keep the work areas free of scrap materials, debris, tools, etc., to avoid danger to staff or clients of the facility. Entrances for use of occupants and reasonable access thereto, shall be kept clear of all materials, refuse, etc., in keeping with all applicable fire regulations.

Contractor shall remove from the work site at frequent intervals, all debris and waste material resulting from work performed under this contract. This material shall be transported at contractor’s expense, to a proper disposal site off of the Facility grounds, in complete accordance with all existing laws, codes, regulations, ordinances and rules.

13.

SALVAGED ITEMS:

Salvaged items of value shall remain the property of Sonoma Developmental Center and shall be stored on the premises where directed by the Chief of Plant Operations III or designee. Items and materials not of value to Sonoma Developmental Center shall be disposed of at the sole expense of the Contractor, off of the premises in accordance with all laws and requirements pertaining to such disposal. The Chief of Plant Operations III or designee shall determine what items are to be considered salvage.

14.

CONTRACTOR QUALIFICATIONS:

Supporting documentation of the requirements as set forth below shall be included in contractor's bid for this work.

Contractor will provide the State with not less than three references. Each reference will include the full name of the company, telephone number, and name of a person who is familiar (person must be able to answer specific questions regarding all aspects of the work performed) with the work of the contractor for that particular company. These references shall be from companies for which the contractor has satisfactorily completed in all respects, the same type of work proposed in this bid. The references will all be from industrial/commercial type organizations that are similar in the type of operations performed or larger than this facility. If it is found by the State that the references cannot be verified to the State’s satisfaction, the contractor’s bid for this work will be rejected as non-responsive.

If the contractor proposes to utilize the services of another individual or company to meet the experience requirements of this request for bid, that individual or company must meet all of the requirements set forth above. Both the contractor and the other individual or company shall submit references as set forth above. Failure to meet all of the above requirements regarding references shall result in the contractor’s bid being rejected as non-responsive. Experience requirements for any one bid cannot be met by aggregating the experience of each of the parties listed in the bid proposal.

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15.

UTILITY SHUTDOWN:

Any and all utility shutdowns will be coordinated with and at the convenience of Sonoma Developmental Center through the Chief of Plant Operations III.

16.

GENERAL FACILITY RULES & REGULATIONS:

Sonoma Developmental Center is a State Facility, which serves developmentally disabled clients that are sometimes in a locked environment. A number of special conditions exist regarding Facility Rules, Regulations, and Security, each and all of which will be explained in detail at the “Job Start Meeting” with the successful low bidder for this work. The contractor herein agrees to abide by these conditions, as presented at that time, as a term and condition of this contract.

17.

WORKMANSHIP/COORDINATION:

The Contractor shall be responsible and coordinate the activities of all workers and subcontractors in order that the job proceeds in an orderly manner to completion.

18.

ALTERNATIVES (SUBSTITUTIONS):

Contract is based on materials, equipment and methods described in the contract documents.

The State will consider proposals for alternative materials, equipment and methods only when such proposals are accompanied by full and complete technical data and all other information required to evaluate the proposed alternative. Substitutes will be allowed only for a cause other than economics.

19.

DISCREPANCIES IN PLANS AND SPECIFICATIONS:

Where discrepancies or omissions appear in plans and specifications, the Chief of Plant Operations III will make final determination of the discrepancy or omission. No additional cost shall be made to the State for oversights in plans and specifications.

20.

SAFETY PRECAUTIONS:

Provide and maintain safety precautions to properly guard against personal injury and property damages as prescribed by authority having jurisdiction, Cal-OSHA Safety Regulations and Title 19, California Code of Regulations, State Fire Marshal’s Regulations.

21.

DAMAGE RESPONSIBILITY:

Contractor shall be liable for all damages done to State property in the performance of this project and shall repair such damage at his own expense. Damage to lawns, trees, shrubs, plants, sprinkler systems and existing sidewalks in particular shall be avoided and such damage will be repaired before any payment to contractor is made.

Should the contractor perform any work that does not comply with the requirements of the applicable building codes, State laws, local ordinances, industry standards or utility company regulations, the contractor shall bear all costs arising in correcting these deficiencies.

22.

ACCESS:

The contractor shall utilize the shipping entrance located off of Arnold Drive for all work associated with this contract.

23.

CONTRACTOR REGISTRATION:

No contractor or subcontractor may be listed on a bid proposal for a 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

[with limited exceptions from this requirement for bid proposals only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Special Conditions Page 3 of 12

24.

CONSTRUCTION AREA:

The Contractor, employees, equipment, etc., shall be restricted to the immediate area of construction at a place designated by the State. Contractor shall be prepared to work in a cooperative manner with other contractors who may be performing other projects during the course of this project.

25.

REJECTION OF BIDS:

The State reserves the right to reject any and all bids.

26.

INCLEMENT WEATHER:

Time for inclement weather may be granted. Requests for inclement weather extensions must be made to the State by the Contractor in writing and may be granted upon approval of the State.

27.

EQUIPMENT STANDARDS:

Whenever a material, article or piece of equipment is identified on the drawings or in the specifications by reference to manufacturer’s or vendor’s names, trade names, catalog numbers or the like, it is so identified for the purpose of establishing a standard and any material, article or piece of equipment of other manufacturers or vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article or piece of equipment so proposed is, in the opinion of the Chief of Plant Operations III or his designee, of equal substance, appearance and function. It shall not be purchased or installed by the Contractor without the Chief of Plant Operations III or his designee’s written approval. Specifications, standards, tests and recommended methods cited herein from following trade, industry and government organizations shall determine quantity and quality of materials and methods unless specifically designated otherwise.

28.

NOTICE OF COMPLETION:

Upon completion of the contract, the Contractor will notify the Chief of Plant Operations III in writing and schedule a final inspection. If any of the work is unsatisfactory or incomplete, the Chief of Plant Operations III will notify the Contractor, in writing, of all corrections to be made prior to making another inspection for final acceptance when again notified in writing by the Contractor that the contract is complete.

29.

ACCEPTANCE:

Upon determination by the Chief of Plant Operations III that the contract is complete and acceptable to the State, the Chief of Plant Operations III will notify the Contractor in writing of acceptance of the contractual work.

Under no circumstances will any approval or acceptance of work be made by any person other than the Chief of Plant Operations III or in any form other than written.

30.

CHANGE ORDERS:

Contractor will determine all materials needed before submitting his bid. No change orders will be issued for the completion of this project.

31.

SITE CONDITIONS:

Information on the drawings relative to existing services is approximately only. Deviations found necessary during progress of construction to conform to actual locations shall be made without additional cost to the State. The contractor shall cooperate with the agency and make all changes and connections to existing system at a time most convenient to the agency.

Special Conditions Page 4 of 12

32.

LEAD BASED PAINT:

All paint to be removed or distributed where required to complete the scope of this project shall be considered as lead-based paint unless identified otherwise by the contractor. The removal, disturbance, disposal of lead-based paint and contaminated materials, and decontamination procedures of materials to remain, shall be in accordance with all applicable Federal, State and Local regulations.

The contractor shall retain and pay for all labor, materials,…