1-Invitation_For_Bid_(rev022715).pdf

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Asbestos and Lead Based Paint Abatement
Solicitation number
0000001219
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California

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This is an Invitation for Bid (IFB #6000002003) issued by the California Department of Corrections and Rehabilitation (CDCR) for Asbestos and Lead-Based Paint Abatement services at the Correctional Training Facility (CTF) in Soledad, California. The IFB was released on April 18, 2016, with bids due May 5, 2016 at 2:00 PM and a public bid opening at 2:30 PM the same day. The contract term is anticipated to run from July 1, 2016 through June 30, 2018, with services to be provided on an on-call, as-needed basis. The contractor must possess valid licenses including a C-33, C-61/D-38, C-21, or B license with appropriate subcontractor licensing, as well as Hazardous Substance Removal (HAZ) and Asbestos (ASB) certifications.

The pricing structure is time and material based, with payment beginning when contractors sign in at the facility and ending when they sign out. The contractor will be reimbursed for actual soil removal and surface cleaning rather than entire work areas. The contract includes a 3% DVBE participation requirement for bids exceeding $15,000, with potential DVBE incentives of 3-5%. Contractors must provide all labor, materials, equipment, and transportation necessary for the work. Liquidated damages are set at $150 per day for work not completed within the specified 25-working-day completion period per work site. The contractor must follow strict security protocols and requirements for working within the correctional facility.

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Invitation for Bid Bid No. 6000002003

STATE OF CALIFORNIA

DEPARTMENT OF CORRECTIONS

AND REHABILITATION

INVITATION FOR BID

BID NO. 6000002003

Date: April 18, 2016

The California Department of Corrections and Rehabilitation (CDCR), Correctional Training Center (CTF), hereafter referred to as the State, is inviting responses to this Invitation For Bid (IFB) entitled Asbestos and Lead-Based Paint Abatement.

In accordance with the California Government Code and Americans with Disabilities Act, this IFB is available in a text-only format on a compact disc as a disability-related reasonable accommodation.

To discuss how to receive a copy of this IFB in the specified format or to request a different format, please contact the person identified below.

This IFB package contains the following documents (except as otherwise indicated). Please note that you must comply with the requirements contained in all of these documents.

Notice to Prospective Bidders

Bidder Acknowledgment/Certification (OBS 300)

Bid Submittal Checklist

Sample Standard Agreement (STD 213)

Scope of Work (Exhibit A)

Sample Service Report (Exhibit A-1)

Budget Details and Payment Provisions (Exhibit B)

Rate Sheet (Exhibit B-1) Electronically downloaded bid package includes an Excel spreadsheet file in addition to the PDF version (for additional information, see Exhibit B-1, first paragraph).

General Terms and Conditions (Exhibit C)

This document is incorporated in this bid package by reference only and is available on the Internet at http://www.documents.dgs.ca.gov/ols/GTC-610.doc .

Invitation for Bid Bid No. 6000002003

If you do not have Internet access, you may request a hard copy of Exhibit C by contacting the contract analyst listed below.

Special Terms and Conditions (Exhibit D)

Prison Rape Elimination Policy (PREA) – Volunteer/Contractor Informational Sheet (Exhibit E)

Standard Contractor Certification Clauses (CCC)

This document is incorporated in this bid package by reference only and is available on the Internet at http://www.documents.dgs.ca.gov/ols/CCC-307.doc.

You MUST submit an original signed copy with your bid package. If you do not have Internet access, you may request a hard copy of the CCC by contacting the contract analyst listed below.

Darfur Contracting Act (OBS 1500)

Non-Collusion Affidavit (CDCR 1240)

CDCR Additional Certification Clauses (OBS1200)

Payee Data Record (STD 204)

Non-Small Business Preference Request and Subcontractor Acknowledgement

(OBS 555)

Sample Certificate of Insurance

California DVBE Program Requirements – Not for Goods and Information Technology

Bidder Declaration (GSPD-05-105)

DVBE Declarations (STD 843)

DVBE Bid Incentive Request and Acknowledgement (OBS 554)

Sample Payment Bond

NOTE: If your bid exceeds $15,000, failure to submit the completed DVBE worksheets with your bid proposal will result in automatic rejection of your bid.

It is the opinion of the State that this IFB is complete and without need of explanation. However, if any documents are missing, or if you have any questions regarding this IFB, immediately contact the person identified below.

Joseph O’Connor 916-255-6164

Joseph.O’Connor@cdcr.ca.gov California Relay Service 1-800-735-2929

Notice to Prospective Bidders Bid No. 6000002003

THE STATE OF CALIFORNIA

Department of Corrections and Rehabilitation

NOTICE TO PROSPECTIVE BIDDERS

ASBESTOS AND LEAD-BASED PAINT ABATEMENT

Bid No. 6000002003

I. PROJECTED TIMETABLE

The following dates are set forth for informational and planning purposes only and are subject to change.

IFB Available to Prospective Bidders April 18, 2016

Submission of Bid May 5, 2016 at 2:00pm

Public Bid Opening May 5, 2016 at 2:30pm

Anticipated Date for Commencement of Services July 1, 2016 or

Upon approval, whichever occurs last

Termination of Agreement June 30, 2018

II. BIDDER QUALIFICATIONS AND LICENSING REQUIREMENTS

Bidder qualifications and licensing requirements (if any) are specified below and/or in Exhibit A. Unless otherwise stated, the bidder shall meet all qualifications and licensing requirements at the time of the bid opening.

Contractor must possess a valid “C-33” or “C-61”/”D-38” or “C-21” California Contractors State License Board specialty license or a “B” license with a subcontractor who possesses the required specialty license.

Contractor shall possess a valid Hazardous Substance Removal (HAZ) Certification and Asbestos (ASB) Certification, or contract with a subcontractor who possesses the required certifications.

Contractor shall maintain current licenses as required by applicable State or local jurisdictions for the removal, transporting, disposal or other regulated activity related to the work of this Agreement.

If you are a Contractor located within the State of California, a business license from the city/county in which you are headquartered is necessary. However, if you are a corporation, a copy of your incorporation documents/letter from the Secretary of State’s Office can be submitted. If you are a Contractor outside the State of California, you will need to include a copy of your business license or incorporation papers from your respective State showing that your company is in good standing in that State.

III. PROHIBITION ON TAX DELINQUENTS

Persons or companies identified as the largest tax delinquents by the Franchise Tax Board (FTB) or the Board of Equalization (BOE) under authority of Sections 7063 or 19195 of the Revenue and Taxation Code, shall be disqualified from the bidding process.

Pursuant to PCC §10295.4, contracts are void and unenforceable if a Contractor is included on tax delinquency lists.

(a) Notwithstanding any other law, a state agency shall not enter into any contract for the acquisition of goods or services with a contractor whose name appears on either list of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the Revenue and Taxation Code. Any contract entered into in violation of this subdivision is void and unenforceable.

(b) This section shall apply to any contract executed on or after July 1, 2012.

IV. BIDDER RESPONSIBILITIES & THE BID PACKAGE

Bidders are solely responsible for understanding the scope of work and all requirements, terms, conditions, evaluation criteria, etc., before submitting a bid. If the language is unclear or ambiguous, it is the bidder’s responsibility to request clarification or assistance before submitting a bid. Please note that no verbal information will be binding upon the State unless the State issues such information in writing as an official addendum. If the IFB is modified prior to the final bid submission date, the State will issue an addendum to all bidders that received a bid package.

Bidder shall provide rate(s) on Rate Sheet (Exhibit B-1) Bidder shall set forth rates in clear, legible figures in the spaces provided in Exhibit B-1. Failure to provide the required rates shall be cause for rejection of your bid.

NOTE:

1. Any quantities listed on Exhibit B-1 are CDCR’s estimates only and are offered as a basis for the comparison of bids. The State does not expressly or by implication agree that the actual amount of work will correspond therewith and reserves the right to omit portions of the work as may be deemed necessary or advisable by the State.

2. In the case of a discrepancy between the Unit Price (e.g., Hourly Rate, Cost per Service) and Item Total (e.g., Hourly Rate x Hours Worked = Item Total), the Unit Price shall prevail. However, if the Unit Price figure is ambiguous, illegible, uncertain, or is omitted, the Item Total shall be divided by the estimated usage (e.g., Hours Worked) to determine the Unit Price. In the case of a discrepancy between the Basis of Award and the sum of the Item Totals, the sum of the Item Totals shall prevail.

3. The amount of the total bid will be rounded up to the nearest whole dollar when the

Agreement documents resulting from this bid are prepared.

All required documents listed in the Bid Submittal Checklist must be included within the sealed bid package. No bid will be considered unless it is submitted with the CDCR Bidder Acknowledgement/Certification form (OBS 300) and Exhibit B-1 Rate Sheet and is in conformance with the submission requirements of this IFB. Additionally, an original, signed copy of all pages of the Contractor Certification Clause (CCC) must be submitted to CDCR with the completed bid package. The State reserves the right to request clarification of any documents included with this bid.

The bid must be for the entire activity described herein. The State 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. Additionally, bids may be rejected if the bid proposal shows any alterations of form, additions not called for, a conditioned or incomplete bid, or erasures and/or irregularities of any kind. Any bid amounts changed after the amounts are originally inserted MUST be initialed in ink by the bidder.

Failure to submit required documentation may result in the rejection of your bid.

V. BID SUBMITTAL

Sealed bids must be received no later than the time and date specified in the Projected Timetable (Section I of these instructions) at the designated address stated below.

MAIL DELIVERY,

HAND DELIVERY, or

OVERNIGHT MAIL:

California Department of Corrections and Rehabilitation Office of Business Services, Contracts Management Branch Attention: Joseph O’Connor 9838 Old Placerville Road, Suite B-2 Sacramento, CA 95827

Any bid received at the above address after the Submission of Bid date and time specified in the Projected Timetable, Section I, will NOT be considered. It is the State's policy to make every effort to ensure that all bids have been received and properly time stamped; however, bidders are ultimately responsible for ensuring timely receipt of their bid. Bidders may verify receipt of their bid by contacting the person identified in the cover letter of this IFB prior to the Public Bid Opening.

Bids that are not properly marked may be disregarded. All completed bids and required documents shall be packaged and submitted in a sealed envelope to the address specified in the section entitled “Bid Submission Requirements”. The sealed envelope must be clearly marked "BID FOR ASBESTOS AND LEAD-BASED PAINT ABATEMENT - BID NO.

6000002003 Attention: Joseph O’Connor - DO NOT OPEN." Failure to do so may result in the premature opening of, or failure to open, your bid.

In submitting a bid, the bidder accepts the terms and conditions expressed herein. Costs incurred for developing bids and in anticipation of award of the Agreement are the responsibility of the bidder and shall not be charged to the State.

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

A bid may be withdrawn from consideration by submitting a written withdrawal request to the State, signed by the bidder or an authorized agent. Once opened by the State, the submitted bid is binding and may not be withdrawn without cause.

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

VI. PUBLIC BID OPENING

If you are planning to attend the public bid opening, you must notify the contact person listed in the cover letter of this IFB five (5) working days before the bid opening date specified in Section I – Projected Timetable. If you and/or your representative require reasonable accommodation to participate in the Public Bid Opening, you must contact the contract analyst identified in this package and identify what reasonable accommodation(s) is required for you to participate.

At the time of the public bid opening, the dollar amount of each bid shall be read. The contract award is subject to a complete review of the entire bid proposal for compliance and adherence to the IFB requirements, verification of all calculations and claimed preferences, and compliance with DVBE Mandatory participation requirements, if applicable.

VII. NONRESPONSIBLE BIDDER

Any Contractor who has been terminated from an Agreement by the State within the last two

(2) fiscal years due to poor performance may be rejected on the basis of nonresponsibility.

VIII. BASIS FOR AWARD

The award of an Agreement, if it is to be awarded, will be made to the lowest responsible bidder whose bid complies with all requirements prescribed herein. In the event a bidder submits more than one (1) bid for the same institution/service under this bid process, the State shall select the lowest bid and reject all other bids from this bidder.

In the event of tie bids, except as provided in Government Code §14838(f), CDCR reserves the right to determine the bidder entitled to the contract award based on the percent of discount specified in Exhibit B-1, if applicable. If not applicable or if there is a discount tie, a coin toss or lot drawing will be used to determine the bidder entitled to the contract award.

The coin toss or lot drawing will be officially witnessed and all affected bidders will be advised of the tiebreaker method and invited to attend.

The State is not required to award an Agreement and reserves the right to reject any and all bids and to waive any immaterial deviations in the bid. The State’s waiver of an immaterial deviation shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the Agreement.

IX. GENERAL PREVAILING RATE OF WAGES

In accordance with the provisions of Section 1774 of the California Labor Code, the Contractor and any subcontractors shall conform to the general prevailing rate of wages as determined by the Director of the Department of Industrial Relations. Copies of the wage rate determinations or any amendments thereto issued by the Director of the Department of Industrial Relations are on file with CDCR.

X. PUBLIC WORKS CONTRACTOR REGISTRATION PROGRAM

The California Legislature has imposed a new registration requirement for contractors and subcontractors involved with public works projects. Senate Bill 854, passed in late June 2014, implemented a new registration program to fund the Department of Industrial Relations’ (DIR) monitoring and enforcement of prevailing wage laws.

Pursuant to Labor Code §1771.4, which imposes additional requirements when bidding and awarding public works contracts:

(1) This project is subject to compliance monitoring and enforcement by the DIR.

(2) The Department shall post or require the prime contractor to post job site notices, as prescribed by regulation.

(3) Each contractor and subcontractor shall furnish the records specified in Labor Code §1776 directly to the Labor Commissioner, in the following manner:

(A) At least monthly or more frequently if specified in the contract with the awarding body.

(B) In a format prescribed by the Labor Commissioner.

(4) The Department shall undertake those activities it deems necessary to monitor and enforce compliance with prevailing wage requirements. Contractor shall cooperate with the Department by providing such information as the Department may request to ensure the Contractor’s compliance with this law.

(5) 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 DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

(6) 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 DIR pursuant to Labor Code section 1725.5.

(7) The contractor shall submit proof of registration with DIR to CDCR with bid proposal.

The contractor shall be responsible to ensure all subcontractors are registered with DIR.

XI. AGREEMENT EXECUTION

The Agreement will be executed only upon the State's acceptance of the Contractor's certificates of insurance, bonds, licenses, and permits, when such items are required.

Should the Contractor fail to commence work at the agreed-upon date and time, the State, upon five (5) days written notice to the Contractor, reserves the right to terminate the Agreement.

The successful bidder shall enter into an Agreement with the State, which will be prepared on a State of California Standard Agreement (STD 213 form, sample attached) and shall include from this IFB Exhibits A, A-1, B, B-1, D, and E.

This Agreement will not include a hard copy of the General Terms and Conditions for Private Contractors (Exhibit C), which is incorporated into the Agreement by reference only on the

STD 213. Also not provided is a hard copy of the Contractor Certification Clauses (CCC).

Exhibit C and the CCC may be downloaded from the Internet at www.ols.dgs.ca.gov/standard+language and printed for your files. An original, signed copy of all pages of the CCC must be submitted to CDCR. Failure to submit a signed CCC may result in rejection of your bid.

After award, two (2) original Standard Agreements will be forwarded to the Contractor for signature. Upon receipt, the Contractor must sign each Agreement with an original signature and return all Agreements with any required documentation in accordance with the time frame specified in the transmittal letter. In the event the State has not received the signed Agreements and the required documentation within the specified time frame, the award may be rescinded and awarded to the next lowest responsible bidder.

This Agreement is not valid unless and until approved by the Department of General Services, or, under its authority CDCR. The State has no legal obligation unless and until the Agreement is approved. Any work commenced by the Contractor prior to approval may be considered voluntary and the Contractor may have to pursue claim for payment by filing with the California Victim Compensation and Government Claims Board. When the Agreement is fully approved, a copy will be forwarded to you.

XII. EXTENSION OF TERM

This Agreement may be amended to extend the term, up to 1 year,if it is determined to be in the best interest of the State. Upon signing the amendment, Contractor hereby agrees to provide services for the extended period at the rates specified in the original Agreement.

XIII. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PROGRAM

NOTE: Bidders need to begin the required DVBE participation process as soon as possible to allow adequate response time for DVBE participants.

a. DVBE participation of no less than 3 percent is mandatory for all bids exceeding

$15,000. These requirements apply whether conducting business as a for-profit or nonprofit individual, partnership or corporation. In order to be deemed responsive and eligible for award of the Agreement, the bidder must attain the prescribed goals.

For more information, bidders have been provided with a DVBE Program Requirements resource packet. Additionally, to document DVBE participation, bidders must complete and return the Bidder Declaration form (GSPD-05-105) and the DVBE Declarations form (STD 843) attached to this IFB. Failure to complete and submit all required forms with the bid, that fully document and meet the DVBE requirement, will cause the bid to be rejected.

b. The DVBE participation goals must be based on the total amount of the bid proposal.

c. Failure to submit the completed worksheets with the bid proposal will result in automatic rejection of your bid. Your bid will also be rejected if the DVBE requirement is not met.

d. Proof of Department of General Services (DGS) DVBE certification for your firm and/or subcontractors must be submitted with your DVBE Participation Worksheets.

e. CDCR’s contact for this bid is:

Joseph O’Connor 916-255-5656

Joseph.O’Connor@cdcr.ca.gov California Relay Service 1-800-735-2929

This IFB is exempt from the DVBE requirement. However, the State is committed to achieving legislatively established goals for the participation of DVBEs in all state contracting and seeks to use certified DVBE business whenever possible. Therefore, the State requests your voluntary participation in reporting any certified DVBEs, including yourself, that will be used in the performance of this Agreement.

XIV. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) INCENTIVE

CDCR is committed to meeting and exceeding the 3 percent goal for Disabled Veteran Business Enterprise (DVBE) participation in State contracting activities, set forth in Military and Veterans Code 999. The DVBE Incentive Program applies to all contracting activities for services including public works, construction, services, leasing, materials testing, and other related contracts. The DVBE incentive is applied during the evaluation process and is only applied to responsive bids from responsible bidders proposing DVBE participation.

This incentive is for bid computation only.

To be eligible for the DVBE incentive, the business must:

1. Complete DVBE Incentive Request and Subcontractor Acknowledgement form

(OBS 554) and submit with bid proposal.

2. Have a completed DVBE application on file with DGS, OSDS by 5:00 p.m. on the date bids are due.

For certification and preference approval process information, contact the DGS OSDS by telephone at (916) 375-4940 or access the DGS OSDS Internet website at http://www.pd.dgs.ca.gov/dvbe/default.htm Award Based on Low Price The incentive shall be equal to a bidder’s DVBE participation level (rounded to the nearest two decimal places).

DVBE PARTICIPATION LEVEL INCENTIVE APPLIED

3.0 UP TO 3.99% 3%

4.0 UP TO 4.99% 4%

5.0 UP TO 5.99% 5%

1. The incentive is subject to a minimum of three percent (3%) and a maximum of five percent (5%) and will not exceed $500,000. Bids with DVBE participation of more than five (5%) percent will be calculated with a five percent (5%) incentive.

2. Bidders with DVBE participation of less than the required percentage listed in the solicitation will be deemed non-responsive and eliminated from any further participation.

3. The Small Business Preference (five percent (5%) up to $50,000) may be combined with the DVBE incentive but will not exceed a combined total of $500,000.

4. The DVBE incentive is computed from the lowest responsive and responsible bid price.

XV. SMALL BUSINESS PREFERENCE PROGRAM

Current law encourages state departments to first consider a Small Business (S/B) Enterprise / Microbusiness (M/B) Enterprise for contracting opportunities. CDCR is committed to supporting Small/Micro Business participation in state contracting and seeks to use certified Small/Micro Businesses whenever possible.

A Small/Micro Business enterprise is defined as a business certified by the Department of General Services (DGS), Office of Small Business and Disabled Veteran Business Enterprise Certification Services (OSDS) in which:

1. The principal office is located in California

2. The officers are domiciled in California

3. The business is independently owned and operated

4. The business, with any affiliates, is not dominant in its field of operation; and

a. For Small Business, either:

(1) The business, together with any affiliates, has 100 or fewer employees and averaged annual gross receipts of $14,000,000 or less over the previous three years, or

(2) The business is a manufacturer with 100 or fewer employees

b. For Micro Business, either:

(1) The business, together with any affiliates, has 25 or fewer employees and averaged annual gross receipts of $3,500,000 or less over the previous three years, or

(2) The business is a manufacturer with 25 or fewer employees.

Section 14835, et seq., of the California Government Code requires that a five percent (5%) preference be given to bidders who certify as a Small/Micro Business enterprise. The rules and regulations of this law are contained in Title 2, California Code of Regulations, Section 1896, et seq. A copy of the regulation is available upon request.

To claim the Small/Micro Business preference, which may not exceed $50,000 for any bid, your firm must:

1. Have a completed application (including proof of annual receipts) on file with the DGS, OSDS, by 5:00 p.m. on the date bids are due, and

2. Receipt of documents verified by such office.

Therefore, if you are a Small/Micro Business, but are not certified, it is to your advantage to become certified. For certification and preference approval process information, contact the OSDS by telephone at (916) 375-4940 or access the OSDS Internet website at www.pd.dgs.ca.gov/smbus/getcertified.htm.

XVI. NON-SMALL BUSINESS PREFERENCE REQUEST

Pursuant to Title 2, CCR Section § 1896, et seq., and GC Section § 14838, et seq., a bid preference of five percent (5%) is available to a responsive non-small business claiming no less than twenty-five percent (25%), Small Business/Micro Business (SB/MB) subcontractor participation with one or more SB/MB enterprises. This preference is considered only if the tentative low bidder is not a certified SB/MB.

In granting the Non-Small Business Preference, no bid price will be reduced by more than $50,000. This preference cost adjustment is for bid evaluation purposes only and does not alter the actual cost offered by the bidder.

A non-small business is defined as a responsive/responsible bidder that is not certified by the DGS OSDS as a SB/MB enterprise.

To be eligible for the non-small business preference, the business prime vendor must complete and submit the Non-Small Business Preference Request and Subcontractor Acknowledgement form (OBS 555) with their bid proposal.

XVII. NONPROFIT VETERAN SERVICE AGENCY (NVSA) SMALL BUSINESS PREFERENCE

Pursuant to Military and Veteran Code Section 999.50 et seq., Nonprofit Veteran Service Agencies (NVSAs) claiming Small/Micro Business preference and verified as such in the relevant category or business type, will be granted a preference of five percent (5%) of the lowest responsive bid, if the lowest responsive bid is submitted by a bidder not certified as a Small/Micro Business.

In granting Small/Micro Business preference to NVSAs, no bid will be reduced by more than $50,000. The preference cost adjustment is for computation purposes only and does not alter the actual cost offered by the bidder.

To be eligible for the NVSA Small/Micro Business Preference, the business concern must:

1. request preference at the time of bid submission, and

2. must possess a valid certification prior to bid submission.

An SB/NVSA is not subject to the same standards as other certified Small/Micro businesses.

SB/NVSA standards are identified in Military and Veterans Code Section 999.51(a) (3).

XVIII. IDENTIFICATION OF CONTRACTORS, SUBCONTRACTORS, CONSULTANTS:

SMALL/MICRO BUSINESS AND DVBES

CDCR must identify all contractors, subcontractors, and consultants who will provide labor or render services in the performance of this Agreement and further identify whether any of the listed subcontractors and consultants are a certified Small/Micro business, or a certified DVBE. Therefore, the bidder must complete a Bidder Declaration (GSPD-05-105). If any changes occur in the submitted original GSPD-05-105, the Contractor shall notify the Office of Business Services (OBS), in writing within ten (10) working days of those changes, including any changes to Small/Micro business or DVBE status.

CDCR asks that you encourage any subcontractor(s) and/or consultant(s) not currently certified as a Small/Micro business or DVBE that may meet the certification requirements specified herein to become certified through the DGS, OSDS. Please provide those subcontractor(s)/consultant(s) the OSDS contact and certification information provided above.

If you are a certified Small/Micro business enterprise and fail to complete the Prime Contractor information of the CDCR Bidder Acknowledgement/Certification form (OBS 300), your business shall be classified as a large business, which will preclude your bid from receiving the five percent (5%) Small/Micro business preference and can cause incorrect reporting of Small/Micro business and large business participation by CDCR.

If you are a certified DVBE and fail to specify that information on the CDCR Bidder Acknowledgement/Certification form, (OBS 300) your business shall be classified as a large business, which will preclude your bid from receiving any range of the DVBE incentive and cause incorrect reporting of DVBE participation by CDCR.

XIX. BIDDER PROVIDING FACILITY(IES)

Bidders providing facility(ies) for their services must specify the complete address(es) of the facility(ies) where the services will be performed in the appropriate section on the Bidder Acknowledgement/Certification form (OBS 300) in the spaces provided.

The bidder hereby authorizes the State to insert the bidder’s facility(ies) as listed in the CDCR Bidder Acknowledgement/Certification form (OBS 300) into the contract Exhibit A Scope of Work.

Enclosures

Bidder Acknowledgement/Certification (OBS 300) Bid No. 6000002003 California Department of Corrections and Rehabilitation (CDCR)

The bidder hereby agrees to provide all labor, materials, supplies, licenses, permits, equipment and transportation necessary to perform all services required for the foregoing titled work in accordance with the Scope of Work, all Terms and Conditions, Disabled Veteran Business Enterprise (DVBE) requirements, if applicable, and such addenda thereto as may be issued before the public bid opening date, at the rates set forth by the bidder in Exhibit B-1, Rate Sheet. Exhibit B-1 Rate Sheet must be submitted with this Bidder Acknowledgement/Certification form.

Exhibit B-1 Rate Sheet shall remain in force for the stated term of this Agreement and shall include every item of expense, direct and indirect, including any taxes incidental to the specified rates.

By virtue of submitting this bid, the undersigned is accepting the terms and conditions expressed in this IFB. Any and all services performed outside the scope of this Agreement shall be at the sole risk and expense of the bidder.

COMPANY NAME:

STREET ADDRESS: P.O. BOX:

CITY, STATE AND ZIP CODE: CITY, STATE AND ZIP CODE:

TELEPHONE NUMBER: FAX NUMBER:

FEDERAL ID or SOCIAL SECURITY NUMBER: E-MAIL ADDRESS:

TAX STATUS [ ] Individual/Sole Proprietor [ ] Estate or Trust [ ] Partnership

[ ] Corporation (State in which incorporated _______) [ ] Other: ______________________

By signing this document, I CERTIFY UNDER PENALTY OF PERJURY, that I am duly authorized to legally bind the prospective proposer/bidder to the requirements of this bid document. This certification is made under the laws of the State of California.

PRINT NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

SIGNATURE OF AUTHORIZED REPRESENTATIVE: DATE:

Bidding Preferences Claimed (Check only the preferences claimed) Preferences: Certification Number/Expiration Date DGS certified Small Business

DGS certified Micro Business

Non-Small Business Subcontractor Preference (committing use of 25% or more of DGS certified Small/Micro Business Subcontractors) include the OBS 555

DGS certified Disabled Veteran Business Enterprise

DVBE Incentive requested by bidder (include the completed OBS 554 with bid) NVSA preference request TACPA Attach all applicable forms

Bidder Providing Facility(ies) If the bidder is supplying the facility(ies) for services, please specify the complete address(es) of the facility(ies) where services will be provided (use additional sheets if necessary). The bidder hereby authorizes the State to insert the bidder’s facility(ies) listed below into the Exhibit A Scope of Work.

Street Address, City, State, Zip Code

Street Address, City, State, Zip Code

BID SUBMITTAL CHECKLIST

PUBLIC WORKS

Bid No. 6000002003

Use this checklist to ensure that the documents identified below are included in your company’s bid package. Place a check mark or “X” next to each document being submitted to the State. Failure to submit these documents may be cause for rejection of your bid. This checklist should also be returned with your bid.

A complete bid will consist of the documents identified below.

NOTE TO BIDDER: The company name identified on all documents submitted to the State (e.g., licenses, permits, certifications) must be identical to the company name written on the Bidder Acknowledgement/Certification (OBS 300). Failure to comply may cause delays in the award or may result in the rejection of your bid.

_____ OBS 300 - Bidder Acknowledgement-Certification form

_____ Rate Sheet (Exhibit B-1) – For the bidder’s convenience, Exhibit B-1 is an Excel spreadsheet file.

The spreadsheet(s) are password protected and cannot be altered, except where highlighted.

The bidder will enter figures or amounts into each of the highlighted cells and print the document.

_____ Prison Rape Elimination Policy (PREA) – Volunteer/Contractor Information Sheet (Exhibit E)

_____ Bidder Acknowledgement-Certification form

_____ Payee Data Record (STD 204)

_____ Public Works Contractor Certification (OBS 1200)

_____ Noncollusion Affidavit (CDCR 1240)

_____ copy of Dept of Industrial Relations (DIR), Division of Occupational Health and Safety registration

_____ copy of Payment Bond (over $25,000)

_____ Copy of valid California city or county business license (if applicable) or, if a corporation is located within the State of California, incorporation documents or a letter from the Secretary of State or, if not a California business, an affidavit that the business is in good standing with the state, province, or country in which the business is headquartered.

_____ Copy of valid California State License Board (CSLB) “C-33” or “C-61”/D-38” or “C-21” License or

“B” License with a subcontractor who possesses the required specialty license.

_____ Copy of valid Hazardous Substance Removal (HAZ) Certification and Asbestos (ASB)

Certification or contract with a subcontractor who possesses.

_____ Copy of Contractor Certification Clauses (CCC). The CCC is located on the Internet at http://www.ols.dgs.ca.gov/standard+language. The first page must be signed and submitted prior to the award of the contract.

_____ GSPD-05-105 Bidder Declaration

_____ STD 843 DVBE Declarations

_____ OBS 554 – DVBE Bid Incentive Request and Subcontractor Request

_____ OBS 555 - NonSmallBusinessPreferenceRequest&SubcontractorAcknowledgment*

NOTE TO BIDDER: In addition to the above, the Contractor shall furnish the following to CDCR upon award.

_____ Copy of Commercial General Liability

_____ Copy of Environmental Liability

_____ Copy of Automobile Insurance Certificate

______ Copy of Workers’ Compensation, if applicable (If exempt, please cite the legal code that exempts you from this requirement.)

*If applicable.

STANDARD AGREEMENT

STD 213 (Rev 06/03) AGREEMENT NUMBER

REGISTRATION NUMBER

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

STATE AGENCY'S NAME

CONTRACTOR'S NAME

2. The term of this through

Agreement is:

3. The maximum amount $ of this Agreement is:

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

Exhibit A – Scope of Work page(s)

Exhibit B – Budget Detail and Payment Provisions page(s)

Exhibit C* – General Terms and Conditions Check mark one item below as Exhibit D:

Exhibit - D Special Terms and Conditions (Attached hereto as part of this agreement) page(s) Exhibit - D* Special Terms and Conditions Exhibit E – Additional Provisions page(s)

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

These documents can be viewed at www.ols.dgs.ca.gov/Standard+Language

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

CONTRACTOR California Department of General Services Use Only

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

AGENCY NAME

BY (Authorized Signature)

DATE SIGNED(Do not type)

PRINTED NAME AND TITLE OF PERSON SIGNING Exempt per:

ADDRESS

Bid Number 6000002003 Exhibit A

SCOPE OF WORK

1. INTRODUCTION/SERVICES

The Contractor shall furnish all labor, including travel and per diem, materials, non-consumable supplies, parts and equipment necessary to provide asbestos abatement and lead-based paint material abatement services for the California Department of Corrections and Rehabilitation (CDCR), Correctional Training Facility (CTF), located at Highway 101 North, Soledad, California, 93960.

Services shall be provided on-call, or as needed basis, as requested by the Institution Contract Liaison or designee within the respective service area.

2. CONTRACTOR RESPONSIBILITIES

PART 1 - ASBESTOS ABATEMENT

A. Asbestos Abatement Details

Asbestos abatement work shall only be performed by a licensed Asbestos Abatement Contractor certified by the California Contractors State License Board and currently registered with the California Department of Industrial Relations, Division of Occupational Health and Safety. The Contractor shall conform to the following:

(1) All hazardous waste/debris shall be placed in 30-gallon fiber disposal drums and properly sealed by the contractor Hazmat Specialist for proper control and disposal.

Disposal drums and security tags shall be supplied by the Contractor and conform to all applicable hazard and safety laws.

(2) CTF reserves the right to dispose of all hazardous waste/debris.

(3) All hazardous waste shall be disposed of in approved hazardous waste sites and transported by a licensed hazardous waste hauler with current registration with the California Department of Health Services, and shall have a US-EPA identification Number (US-EPA ID Number).

(4) Prior to starting a project, the Contractor shall notify the Monterey County Air Quality

Management District (MCAQMD) and any other regulatory agency as required by State and County law.

(5) Contractor may need to perform work after normal business hours or on weekends if at the request of the Institution Contract Liaison or designee.

California Department of Corrections and Rehabilitation (CDCR) Exhibit A

(6) The Contractor shall not proceed from one item of work to the next until the previous item is in a non-hazardous condition, unless so directed by the Institution Contract Liaison or designee.

B. Asbestos and/or Hazardous Material Removal

(1) Prior to the removal of asbestos/hazardous material, the Contractor shall provide appropriate notification (as required by law) to the following:

a. Monterey County Air Quality Management District (MCAQMD)

b. United States Environmental Protection Agency (US-EPA) in accordance with 40

CFR Part 61, Subpart M

c. California Division of Occupational Safety and Health (Cal-OSHA) per 8 CAC 341.6

(registration) and 8 CAC (1) (asbestos notification)

d. All other regulatory agencies as required

CTF reserves the right to request proof of notification at anytime during this agreement.

(2) No work shall be performed until the work site has been made secure.

(3) A visual inspection by the Institution Contract Liaison or designee must be made prior to clearance testing.

(4) DUST CONTROL - Dust control shall conform to provisions and be implemented in order to comply with the National Emission Standard for Asbestos, Cal-OSHA Asbestos Regulations Construction and all other applicable local, City, State and Federal regulations.

C. Removal and Disposal of Asbestos

General: This work shall consist of identifying, quantifying, removing and disposing of materials containing friable and/or non-friable asbestos from structures and obtaining all necessary licenses, permits, certifications and other documents needed for the work. No grinding equipment, which may expose materials containing asbestos, may be used, i.e., floor tile removal.

(1) Contractor shall respond on-site within eight (8) hours during normal business hours and eight (8) hours during non-business hours upon notification by the Institution Contract Liaison or designee that an emergency situation exists and immediate removal of asbestos is needed.

(2) Asbestos containing material that is loosened and mixed with debris that cannot be decontaminated or adequately cleaned shall be handled as asbestos contaminated debris.

(3) The “Bid Rate” shall include any cost associated with the removal of asbestos-containing material.

(4) CTF shall supply the Contractor with “Site Specific Work Plans” which detail the method for removal, handling, transporting and disposing of friable or non-friable asbestos. In the event that a “Site Specific Work Plan” is not supplied by CTF, the Contractor shall be required to supply one.

(5) At CTF’s discretion, encapsulation shall be tinted with a color as determined by CTF.

(6) The plans for friable asbestos abatement may require approval of the MCAQMD prior to submittal to the Institution Contract Liaison or designee. Plans shall be submitted to the Institution Contract Liaison or designee ten (10) days prior to the work start date.

Plans shall include identification of all US-EPA and Cal-OSHA licenses, permits and certifications required for asbestos abatement work, removal, handling and transport.

(7) All asbestos work shall conform to all Federal, State and local laws governing the identification, preparation, workers, equipment, safety, monitoring, signing, fencing, removing, and hauling of friable and non-friable asbestos, and shall supply copies of information on all applicable licenses, permits and notifications required by applicable laws and regulations. Applicable regulations include, but are not limited to, the following:

a. California Health and Safety Code, Division 20, Chapter 6.8 Hazardous Waste

Control, Chapter 6.8 Hazardous Substance Account

b. California Code of Regulations, Title 8, General Industry Safety Order 5208, Asbestos

c. Code of Federal Regulations, Title 29, Part 26, Occupational Safety and Health

Administration

d. Code of Federal Regulations, Title 29, Part 1910, Hazardous Waste Operations and Emergency Response

e. Local Air Pollution Control District Regulations

f. Code of Federal Regulations, Title 40, Part 61, Subpart M, National Emission

Standard for Asbestos

In addition, the following shall apply regarding Lead and Asbestos:

1.) Injury and Illness Prevention Program 2.) Hazard Communication a.) Federal OSHA 29 CFR Part 1910.1200 b.) CALOSHA: Title 8, Section 5194

D. Friable Asbestos

(1) In clearing sites that involve friable asbestos, the Contractor shall be properly licensed for such work. Contractor shall provide all documents required for the asbestos abatement work and a certification at the conclusion of the asbestos removal and disposal that all work was completed in accordance with the appropriate laws, regulations and permits.

(2) The Contractor shall use a California Uniform Hazardous Manifest, which will be signed by the Institution Contract Liaison or designee.

(3) The Contractor shall use hazardous waste haulers having current registration with the California Department of Health Services, and shall have a US-EPA Identification Number (US EPA ID Number).

(4) CTF will supply the EPA generator number to the Contractor for the disposal of friable asbestos.

(5) All vehicles used to transport hazardous waste shall have a valid Certificate of

Compliance affixed to the vehicle.

(6) Friable asbestos containerized for transportation to the disposal site shall be appropriately labeled.

(7) Disposal of the friable asbestos shall be at an approved landfill, with copy of disposal record given to the Institution Contract Liaison or designee. Contractor shall pay all disposal site charges.

E. Non-Friable Asbestos

(1) Non-friable asbestos containing material waste is to be considered hazardous waste.

The Contractor shall take precautions during removal that it remains wet, breakage is minimized, minimal visual emissions are allowed and it is not physically altered or powdered to result in the release of free asbestos fibers.

(2) A US-EPA generator number is not required for non-friable asbestos.

(3) Non-friable asbestos shall be placed into appropriate containers and suitably covered in accordance with applicable regulations.

(4) Disposal of the non-friable asbestos shall be at an approved licensed landfill for hazardous waste. Copies of disposal records shall be given to the Contract Liaison.

Contractor shall pay any disposal site charges. Contractor will be reimbursed with invoicing for the cost. Contractor shall include any additional costs for disposal site charges in the contractor’s rate, in the Exhibit B1 Rate sheet, when the bid is submitted.

(5) The Contractor shall use a California Uniform Hazardous Waste Manifest, which must be signed by the Institution Contract Liaison or designee. Exceptions must be approved in writing by the Institution Contract Liaison or designee.

F. Assessment/Survey

(1) Contractor shall inform the Institution Contract Liaison or designee of work completed so an independent, third party, Certified Asbestos Consultant can be contacted to perform the final clearance testing and inspection. CTF reserves the right to perform clearance testing and inspection of the work site.

(2) Additional asbestos removal work that would be performed based upon the results of the post sampling tests shall be considered as part of rate bid for removal of asbestos-containing material and no additional compensation will be allowed thereafter.

G. Completion Certification/Documents

The Contractor shall provide the Institution Contract Liaison or designee with copies of all documents required for the asbestos abatement work and submit written certifications at the conclusion of the asbestos removal and disposal that all work was completed in accordance with the appropriate laws, regulations and permits.

H. Abatement Monitoring and Reports

(1) The Contractor shall provide the final project report within 30 calendar days of completion of project. This final report represents the permanent project documentation.

(2) The Contractor shall be responsible for all personnel employee monitoring devices, air sample cartridges and air sample cartridge analysis.

PART 2 – LEAD-BASED PAINT ABATEMENT

A. Lead-Based Paint Abatement Details

Lead-based paint abatement work shall only be performed by a certified Contractor pursuant to Title 17 of the California Code of Regulations, Section 35001 et. seq.

(1) All required work as stipulated in this agreement shall comply with all rules and regulations and laws in the County and State that work is to be performed.

(2) Abatement of lead-based paint shall only be done in accordance with guidelines and regulations established by the National Institute for Occupational Safety and Health (NIOSH), Cal-OSHA, US-EPA, National Emission Standards for Hazardous Air Pollutants (NESHAP), and Housing Urban Development (HUD) Guidelines for Evaluation and Control of Lead-Based Paint (Hazards in Housing).

(3) Any inconclusive test results from the State furnished Survey Report shall be handled and properly disposed of and treated as possible lead-based paint.

(4) The “Bid Rate” shall include any cost associated for the removal of lead-based paint.

(5) CTF shall supply to the Contractor “Site Specific Work Plans” detailing the method for removal, handling, transporting and disposing of lead-contaminated material. In the event a “Site specific Work Plan” is not supplied by CTF, the contractor shall be required to supply one.

B. Assessment/Survey

The Contractor shall inform the Institution Contract Liaison or designee of work completed so an independent, third party, Certified Lead Consultant may be contacted to perform the final clearance testing and inspection. Each work site shall be deemed completed upon acceptance of final clearance documentation by the Institution Contract Liaison or designee.

Additional lead removal work that would be performed based upon the results of the post sampling tests shall be considered as part of the bid rates for removal of lead-containing materials, therefore no additional compensation will be allowed.

C. Completion Certification/Documents

The Contractor shall provide the Institution Contract Liaison or designee with copies of all documents required for the lead-based paint abatement work and submit written certifications at the conclusion of the lead-based paint removal and disposal that all work was completed in accordance with the appropriate laws, regulations and permits. All fees, charges and costs associated with reports, testing and documentation shall be included in the bid rates.

D. Abatement Monitoring and Reports

(1) The Contractor shall provide the final project report within 30 calendar days of completion of project. This final report represents the permanent project documentation.

(2) The Contractor shall be responsible for all personnel employee monitoring devices, air

PART 3 – GENERAL PROVISIONS

A. Field Quality Control

During the progress of a project, the Contractor shall do the following:

(1) Make visual observations and compile daily written Field Reports described in this

Section, and deliver one (1) copy to the Asbestos Consultant/DHS Certified Lead Inspector/Assessor/Project Monitor on a daily basis, or as requested by the Contract Liaison

(2) Ensure daily that all workers meet training requirements; disallow entry for workers who do not meet or cannot prove qualifications. The Contractor shall provide the final project report within 30 calendar days of completion of project. This final report represents the permanent project documentation.

(3) Ensure warning signs and warning barriers are in appropriate locations. The

Contractor shall be responsible for all personnel employee monitoring devices, air

In connection with this project, “unacceptable methods and procedures” and “unacceptable results” is understood to mean methods and results other than:

(1) Those recommended by manufacturer of approved products and…

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