1600024.REV1.IFB.MaterialHandling_Equip1._Maint..pdf

chair Betty T. Yee member Fiona Ma, CPA member Michael Cohen

FRANCHISE TAX BOARD

Business Acquisitions Unit P.O. Box 2086, Mailstop A374

Rancho Cordova, CA 95741-2086

(916) 845-6557 FAX (916) 843-1093

IFB NOTICE TO PROSPECTIVE BIDDERS 07/02/2015

You are invited to review and respond to the attached Invitation for Bid, entitled " MATERIAL HANDLING EQUIPMENT MAINTENANCE" BID LOG FTB-IFB-1617-C1600024. The Franchise Tax Board (FTB) is asking that in submission of your bid, you comply with the following instructions:

I. GENERAL INFORMATION:

All bids/protests/requests for additional information must be submitted as follows:

All bids must be submitted in the enclosed envelope or under sealed cover and plainly marked "BID FOR MATERIAL HANDLING EQUIPMENT MAINTENANCE - DO NOT OPEN". Bids not submitted under sealed cover will be rejected.

All bids shall include; i.e., signed sheet entitled "Bid", Cost Sheet, and any other required attachments. Bids not including the proper "Required Attachments" shall be ruled non-responsive which means the bid did not meet the basic bid requirements.

The bid addresses for:

Overnight Deliveries and Hand Delivery (UPS, Express Mail, Federal Express)

Franchise Tax Board Attn: iosif Bota

Business Acquisitions Unit 9646 Butterfield Way, Mailstop A374

Sacramento, CA 95827

II. TIME SCHEDULE:

Contractor shall adhere to the timetable noted here:

1. IFB available to prospective bidders 04/08/2016

2. Pre-Bid Conference and Walk Through at 9:30 AM 04/25/2016

NOTE: No bidders will be allowed into the conference after 9:45 *

3. Bid proposals are due by 4:00 PM 04/28/2016

4. Bid opening to be held 10:00 AM** 04/29/2016

5. Award of Agreement to successful bidder** 05/04/2016

6. Agreement development, processing and approval and commencement of performance** 07/01/2016

7. Termination of Agreement 06/31/2018

LOCATION FOR PERFORMANCE OF WORK:

Franchise Tax Board 9646 Butterfield Way

III. LOCATION OF PRE-BID CONFERENCE AND WALK THROUGH:

California Town Center

* The Pre-Bid conference is not mandatory. However, if you have not seen our equipment, the state or condition of equipment, or are familiar with our facilities, I highly suggest you attend. Should you have any questions concerning this Invitation for Bid, call (916) 845-6557.

** Dates subject to change.

Iosif Bota Contract Analyst Business Acquisitions Unit

Proposed Agreement Agreement #____________

REQUIRED ATTACHMENT

Check List

In order for the bid to be responsive, the following documents must be returned with this check list:

Qualification Requirements. I certify that I meet the following qualification requirements: Confirmed by FTB

Yes

Certify Bidder has met all required tax filings and is in good standing with the FTB or any other agency of the State of California.

Yes No

Yes My firm is willing to comply with all terms and conditions addressed in the IFB section entitled, “Scope of Work”, including those terms in the referenced exhibits.

Yes No

Certify that Bidder is qualified to do business in the State of California. Yes

Bid Content. I have completed and returned the following REQUIRED MANDATORY Attachments along with my bid. A complete bid package will consist of the items identified below:

Confirmed by FTB

Required Attachment / Checklist Yes

Attachment I Bid/Bidder Certification Sheet Yes

Attachment II, Bid Cost Sheet (2 pages) Yes

Yes Attachment III, CC-307- Contractor Certification Clause Yes No

Yes Attachment III, STD 204 Payee Data Record Yes No

Yes Attachment III, Bidder’s Declaration GSPD 05-105 Yes No

Yes Attachment III, Darfur Contracting Act Form Yes

Name of Firm: Signature

Printed Name/Title: Date:

ATTACHMENT I

BID/BIDDER CERTIFICATION FORM

MATERIAL HANDLING EQUIPMENT MAINTENANCE

BID LOG FTB-IFB-1617-C1600024

April 8, 2016

This bid must be signed and returned along with all the "REQUIRED ATTACHMENTS" as an entire package in duplicate with original signatures. The bid must be transmitted in a sealed envelope in accordance with all bid instructions.

DO NOT RETURN "BID REQUIREMENTS" AND "PROPOSED AGREEMENT".

A. Our all inclusive bid is submitted as follows: (See Bid Cost Sheet)

B. All Attachments follow behind this cover letter.

C. Your signature affixed hereon and dated certifies that you have met all California required tax filings and have no outstanding tax obligations. Your signature authorizes the verification of this certification.

>>> AN UNSIGNED BID WILL BE CAUSE FOR REJECTION <<<

Company Telephone

(1) Name:__________________________________________________(2) Number: ___________________ (2a) FAX:

Number: ___________________

(3) Address:_______________________________________________________________________________

Please indicate if you are: (4) [ ] Sole Proprietorship (5) [ ] A Partnership (6) [ ] A Corporation

(7) Federal Employee ID No. (8) California Corporation

(FEIN):________________ Number:________________

(9) Contractor's State (10) PUC License Number (11) Licenses or Certification

Board Number:_____________ CAL-T-____________ ___________________

(12) Bidder's Name: ______________________________________ (13) Title: ________________________ (Print)

(14) Bidders Name: ______________________________________ (15) Date: ________________________ (Signature)

(16) Are you certified with the Department of General Services, Small Business and DVBE Certification as a:

[ ] Small Business Enterprise [ ] Disabled Veteran Business Enterprise

NOTE: A copy of your Certification is required to be included if the above item has been checked.

(SEE ATTACHED EXPLANATIONS ON BIDDER CERTIFICATION SHEET)

EXPLANATION OF ITEMS ON "BID" SHEET

A. This bid shall be completed and submitted in accordance with the bid requirements.

B. The bidder is responsible for reading, understanding and completing any or all of the attachments that follow behind the "Bid".

C. Your signature on this document certifies that you are in tax compliance.

(1) (2) (2a) and (3) Must be completed and are self explanatory.

(4) Must be completed if you are a sole proprietorship.

A sole proprietorship is a form of business in which one person owns all the assets of the business in contrast to a partnership and corporation. The sole proprietor is solely liable for all the debts of the business.

(5) Must be completed if you are a partnership or joint venture.

A partnership is a voluntary agreement between two or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them. An association of two or more persons to carry on, as co-owners, a business for profit.

(6) Must be completed if you are a corporation.

A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals.

(7) To be used for company identification and verification of tax compliance.

(8) To be used for checking if corporation is in good standing with the State of California.

(9) To be used for verification of Contractor’s license for public works Agreements.

(10) To be used for verification of PUC license for public works Agreements.

(11) Complete, if applicable, by indicating the type of license and/or certification for services described.

(12) (13) (14) and (15) Must be completed and are self explanatory.

(16) See definitions of a Small Business Enterprise.

DEFINITIONS

SMALL BUSINESS ENTERPRISE PREFERENCE:

The following is the definition of "Small Business". Any business which does not meet the requirements will be considered non-small.

"Small Business" as used with regard to an agreement for the purchase, lease or rental (with option to purchase) of goods means:

(1) A business concern which has requested the status of Small Business and has been approved as such by the Small Business and DVBE Certification.

(2) Is not, together with any affiliate(s) dominant in its field of operation.

(3) Is independently owned and operated, with the principal place of business located in California and the officers in the case of a corporation, or owners in all other cases, of such business domiciled in California.

(4) A non-manufacturer shall qualify as a Small Business if it is classified by the Small Business and DVBE

Certification in one of the industry groups and its annual receipts (including the receipts of all affiliates) in the aggregate, for the proceeding three years, do not exceed the maximum receipts specified for the applicable industry group. Refer to California Code of Regulations, Title 2, Subchapter 8, Article 1, Section 1896 (m,1-4).

**Section 14835, et seq. of the California Government code requires that a five percent preference be given to bidders who qualify as a small business within the designated industry group relevant to this Agreement. The rules and regulations of this law, including the definition of small business for the delivery of services, are contained in Title 2, California Administrative Code, Section 1896, et seq. A copy of the regulations is available upon request. To claim the small business preference, which may not exceed $50,000.00 for any bid, your firm must have its principal place of business located in California and be certified by the Small Business and DVBE Certification. Questions regarding the preference approval should be directed to that office at (916) 375-4940.

HOW THE FIVE PERCENT PREFERENCE WORKS

To help small businesses be more competitive, those verified as Small Business are granted a preference in an amount equal to five percent of the lowest responsible bid if the low bid has been submitted by a bidder who is not verified as a small business.

Definitions(Continued)

NON-SMALL BUSINESS SUBCONTRACTOR PREFERENCE:

A five percent (5%) bid preference is available to a non-small business claiming twenty-five percent (25%) California certified small business subcontractor participation. If claiming the non-small business subcontractor preference, the bid response must include a list of the small business(es) with which you commit to subcontract in an amount of at least twenty-five percent (25%) of the net bid price with one or more California certified small businesses. Each listed certified small business must perform a "commercially useful function" in the performance of the contract as defined in Government Code Section 14837(d)(4).

The required list of California certified small business subcontractors must be attached to the bid response and must include the following: 1) subcontractor name, 2) address, 3) phone number, 4) a description of the work to be performed and/or products supplied, 5) and the dollar amount or percentage of the net bid price (as specified in the solicitation) per subcontractor.

Bidders claiming the five percent (5%) preference must commit to subcontract at least twenty-five percent (25%) of the net bid price with one or more California certified small businesses. Completed certification applications and required support documents must be submitted to the Office of Small Business and DVBE Certification (OSDC) no later than 5:00 p.m. on the bid due date, and the OSDC must be able to approve the application as submitted. Questions regarding certification should be directed to the OSDC at (916) 375-4940.

Disabled Veteran Business Enterprise (DVBE) Bid Participation and Incentive:

For the purpose of this solicitation the DVBE program requirements are waived. The following DVBE bid incentives (table provided below) will be applied for the purposes of this solicitation.

Please see attached link for DVBE Bid Incentive Instructions:

http://www.documents.dgs.ca.gov/pd/poliproc/MASTER-DVBEIncentivePkg.pdf

In accordance with Section 999.5(a) of the Military and Veterans Code an incentive will be given to bidders who provide DVBE participation. For evaluation purposes only, the State shall apply an incentive to bids that propose California certified DVBE participation as identified on the Bidder Declaration GSPD-05-105 and confirmed by the State. The following percentages will apply for awards based on low price. This solicitation does not include a minimum DVBE participation percentage or goal.

DVBE BID INCENTIVE. A DVBE incentive will be given to bidders who provide DVBE participation. For evaluation purposes only, the State shall apply a DVBE Bid incentive to bids that propose California certified DVBE participation as identified on the Bidder Declaration, GSPD-05-105, (located elsewhere within the solicitation document) and confirmed by the State. The DVBE incentive amount for awards based on low price will vary in conjunction with the percentage of DVBE participation. For confirmed DVBE Participation the DVBE Incentive outlined in the table provided will be applied:

Confirmed DVBE Participation of:

DVBE

Incentive:

3.0% and above 3% 2.0% to 2.9% 2% 1.0% to 1.9% 1%

Awards based on low price - the net bid price of responsive bids will be reduced (for evaluation purposes only) by the amount of DVBE incentive as applied to the lowest responsive net bid price. If the #1 ranked responsive, responsible bid is a California certified small business, the only bidders eligible for the incentive will be California certified small businesses. The incentive adjustment for awards based on low price cannot exceed 5% or $100,000, whichever is less, of the #1 ranked net bid price. When used in combination with a preference adjustment, the cumulative adjustment amount cannot exceed 15% or $100,000, whichever is less.

http://www.documents.dgs.ca.gov/pd/poliproc/MASTER-DVBEIncentivePkg.pdf

DEFINITIONS(Continued)

Bidder Declaration

All Bidders must complete the Bidder Declaration GSPD-05-105 and include it with the bid response if they are requesting a SB/MB/DVBE Incentive or SB/MB/DVBE Preference. When completing the declaration, Bidders must identify all subcontractors proposed for participation in the contract. Bidders awarded a contract are contractually obligated to use the subcontractors for the corresponding work identified unless the State agrees to a substitution and it is incorporated by amendment to the contract.

Bidders who have been certified by California as a DVBE (or who are bidding rental equipment and have obtained the participation of subcontractors certified by California as a DVBE) should also submit a completed form(s) STD. 843 (Disabled Veteran Business Enterprise Declaration). All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign the form(s). Should the form not be included with the solicitation, contact the State contracting official or obtain a copy online from the Department of General Services Procurement Division, Office of Small Business and DVBE Services (OSDS) website at www.pd.dgs.ca.gov/smbus. The completed form should be included with the bid response.

At the State’s option prior to award, Bidders may be required to submit additional written clarifying information.

Failure to submit the required written information as specified may be grounds for bid rejection.

Refer to the following websites:

• http://www.documents.dgs.ca.gov/pd/delegations/GSPD105.pdf

• http://www.documents.dgs.ca.gov/pd/poliproc/STD-843.pdf http://www.pd.dgs.ca.gov/smbus http://www.documents.dgs.ca.gov/pd/delegations/GSPD105.pdf http://www.documents.dgs.ca.gov/pd/poliproc/STD-843.pdf

BID REQUIREMENTS

A. SUBMISSION OF BID

1. All bids are to be sent to the Franchise Tax Board and must be received as indicated in Item II, Time Schedule. All bids must be addressed as listed in Item I General Information.

2. All bids must be submitted in the envelope provided or under sealed cover. The sealed cover must be plainly marked with the IFB title, number, and must show your firm name and address.

3. Bids not submitted under sealed cover will be rejected. A minimum of two (2) copies must be submitted.

4. Bid must be submitted for the entire service described therein. Deviations from specification will not be considered and will be cause for rejection of bid.

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

6. Costs for developing bids and in anticipation of award of the Agreement are entirely the responsibility of the bidder and shall not be chargeable to the State of California.

7. This IFB shall be signed by an individual who is authorized to bind the bidding firm contractually. The signature must indicate the title or position that the individual holds in the firm. An unsigned bid shall be rejected.

8. A bidder may modify a bid after its submission by withdrawal and resubmitting prior to the bid opening date. Modification offered in any other manner, oral or written, will not be considered.

9. A bidder may withdraw his bid by submitting a written request for its withdrawal to the State, signed by the bidder or an agent authorized in accordance with Paragraph 6 above. A bidder may thereafter submit a new bid prior to such bid submission time. Bids may not be withdrawn without cause subsequent to bid submission time.

10. FTB may modify the IFB prior to the date fixed for submission of bids by the issuance of an addendum to all parties, who received a bid package.

11. If all bids are too high, the Department is not required to let a Agreement.

12. Bids are public upon bid opening, however, the contents of all proposals, draft bids, correspondence, agenda, memoranda, working papers, or any other medium which discloses any aspect of a bidder's proposal shall be held in the strictest confidence until bid is awarded. The content of all working papers and discussions relating to the bidder's proposal shall be held confidential indefinitely unless the public interest is best served by an items disclosure because of its direct pertinence to a decision, agreement, or the evaluation of the bid. Any disclosure of this subject by the bidder is a basis for rejecting this proposal and ruling him/her ineligible to further participate.

Bid Requirements (Continued)

13. Bidders are cautioned to not rely on the State, during the evaluation to discover and report to the bidder all defects and errors in the submitted documents. Bidders, before submitting their documents, should carefully proof them for errors and adherence to the IFB requirements.

14. Bidder should carefully examine site of work and specifications. Bidder shall investigate conditions, character, quality of surface, or subsurface materials or obstacles to be encountered. No additions to the Agreement amount will be made because of lack of examinations of site work and specifications.

B. EVALUATION AND SELECTION PROCESS

1. The State will put each bid through a process of evaluation to determine the responsiveness of bidders to the State's needs. The final selection will be made on the basis of the lowest qualified bid.

2. Bids which contain false or misleading statements, or which provide references which do not support an attribute or condition claimed by the bidder, may be rejected. If, in the opinion of the State, such information was intended to mislead the State in its evaluation of the bid, and the attribute, condition, or capability is a requirement of this IFB, it will be the basis for rejection of the bid.

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

C. AWARD & PROTEST

1. Whenever an Agreement is awarded under a procedure which provides for competitive bidding, but the Agreement is not to be awarded to the low bidder, the low bidder shall be notified by telegram, electronic facsimile transmission, overnight courier, or personal delivery five (5) working days prior to the award of the Agreement.

2. Upon written request by any bidder who has submitted a bid, notice of the proposed award shall be posted in a public place in the office of the contracting agency at least five (5) working days prior to awarding of the Agreement.

3. If, prior to the award, any bidder files a protest with FTB against the awarding of the Agreement on the grounds that he/she is the lowest responsible bidder meeting the specifications for the Invitation for Bids, the Agreement shall not be awarded until either the protest has been withdrawn or the Department of General Services has decided the matter.

4. Within five (5) days after filing the protest, the Protestant shall file with the Department of General

Services a full and complete written statement specifying the grounds for the protest. The written protest must be sent to the Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, West Sacramento, CA 95605. A copy of that written protest must be mailed to the Franchise Tax Board, P.O. Box 2086, Rancho Cordova, California 95741-2086. It is suggested that you submit any protest by certified or registered mail.

D. DISPOSITION OF BIDS

All documents submitted in response to this IFB will become the property of the State of California and may be returned only at the bidder's expense.

E. ADDITIONAL INFORMATION

In the opinion of FTB, this Invitation for Bid is complete and without need of explanation. Should clarifying information be needed contact the Business Acquisitions Unit’s Agreement Administrators by telephoning

(916) 845-6557. However, no information given will be binding upon the State unless such information is issued as an official written addendum.

F. STANDARD CONDITIONS OF SERVICE

1. Service shall be available not later than five (5) days, or on the express date set by FTB and the Contractor, after all approvals have been obtained and Agreement is fully executed. Should the Contractor fail to commence work at the agreed upon time, FTB, upon five (5) days written notice to the Contractor, reserves the right to terminate the Agreement, assess FIVE HUNDRED ($500.00) DOLLARS for administrative costs of rebidding the work. In addition, the Contractor shall be liable to the State for the difference between Contractor's bid price and the actual cost of performing work by the second low bidder or by another Contractor.

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

Agreement.

3. The State will not accept indemnity language from a prospective contractor. The only acceptable indemnity language is that which is listed in Exhibit C, General Terms and Conditions paragraph (5) five (Refer to Proposed Agreement).

4. Evaluation of contracted services shall be completed by FTB not later than thirty (30) days after termination of the Agreement.

5. No oral understanding or agreement not incorporated in the executed Agreement shall be binding on either party to the Agreement.

G. PAYEE DATA RECORD

1. Upon award of the Agreement(s), Contractor agrees to complete and return the form Std. 204, Payee Data Record, to determine if the Contractor is subject to a seven percent (7%) State Income Tax withholding pursuant to California Revenue and Taxation Code Sections 18662, 18805, and 26131.

2. No payment shall be made unless this form has been returned completed.

H. PRE-BID CONFERENCE

A Pre-Bid conference is scheduled (refer to Time Schedule for type of Pre-Bid conference, date, time, and location) for the purpose of the Department and the prospective bidder(s) to discuss concerns regarding the IFB. Only those attending will be eligible to bid.

Prospective bidder(s) attending the Pre-Bid conference will receive information regarding the, bid.

In the event the prime contractor is unable to attend the Pre-Bid conference, an authorized representative may attend in their behalf. The representative may only sign in for one (1) company. No subcontractors may represent a prime contractor at the Pre-Bid conference.

NOTE: NO BID WILL BE ACCEPTED UNLESS CONTRACTOR FULFILLS THIS REQUIREMENT.

ATTACHMENT II

COST SHEET

NOTE: The Industry Standard and Statistics show that it takes approximately 1 hour to perform a proper

PM on an electric forklift / rider unit and 30 minutes on a walkie – Please bid accordingly.

QUOTES/BIDS SUBMITTED WITHOUT THIS COST SHEET WILL BE REJECTED. The quote/bid cost shall be provided based on the information as indicated in the SCOPE OF WORK . Your quote/bid shall be for a two year term – August 1, 2015 through July 31, 2017.

The cost to the Franchise Tax Board for quote – FTB-IFB-1617-C1600024 is as follows:

MONTHLY MAINTENANCE

INVENTORY # DESCRIPTION

MONTHLY

RATE

36 1996 DAEWOO-FORKLIFT $

66 2005 HYSTER-FORKLIFT $

37 1996 DAEWOO-FORKLIFT $

50 1999 CLARK-FORKLIFT $

00 NEW - COLUMBIA-PERSONNEL CARRIERS $

48 1998 EZ-GO-PERSONNEL CARRIERS $

42 1998 EZ-GO-PERSONNEL CARRIERS $

43 1998 CUSHMAN-PERSONNEL CARRIER $

30 1996 CUSHMAN-PERSONNEL CARRIER $

00 NEW - COLUMBIA-PERSONNEL CARRIER $

62 1996 CUSHMAN-PERSONNEL CARRIER $

00 NEW - COLUMBIA-PAYLOADER $

49 1998 CUSHMAN-PERSONNEL CARRIERS $

64 2005 PACK MULE-STOCK CHASER $

69 2005 PACK MULE-STOCK CHASER $

00 NEW - COLUMBIA-STOCK CHASER $

71 2006 COLUMBIA-STOCK CHASER $

72 2006 COLUMBIA-PERSONNEL CARRIER $

74 2010 COLUMBIA-PERSONNEL CARRIER $

75 2010 COLUMBIA-STOCK CHASER $

COST SHEET

INVENTORY # DESCRIPTION MONTHLY RATE

76 2010 COLUMBIA-PAYLOADER $

77 2013 COLUMBIA-STOCK CHASER $

78 2013 COLUMBIA-STOCK CHASER $

79 2013 COLUMBIA-STOCK CHASER $

80 2013 COLUMBIA-STOCK CHASER $

81 2013 TAYLOR DUNN -STOCK CHASER $

82 2013 TAYLOR DUNN -STOCK CHASER $

83 2013 TAYLOR DUNN -STOCK CHASER $

84 2013 TAYLOR DUNN -STOCK CHASER $

85 2015 COLUMBIA-PAYLOADER $

86 2015 COLUMBIA-STOCK CHASER $

Monthly Maintenance Total (MMT) $

Two (2) Year MMT Total - (MMT X 24) $

BI-MONTHLY MAINTENANCE BI-MONTHLY RATE

53 1999 CAT-PALLET TRUCK $

61 2003 CLARK-PALLET TRUCK $

68 2004 HYSTER-PALLET TRUCK $

73 2003 PRIME MOVER-PALLET TRUCK $

87 -NEW 2015 JUNGHEINRICH-PALLET TRUCK – $

88- NEW 2015 JUNGHEINRICH-PALLET TRUCK – $

89- NEW 2015 JUNGHEINRICH-PALLET TRUCK – $

90- NEW 2015 JUNGHEINRICH-PALLET TRUCK – $

91- NEW 2015 JUNGHEINRICH-PALLET TRUCK – $

6 1993 MCGUIRE/ELECTRIC DOCK PLATE $

7 1993 MCGUIRE/ELECTRIC DOCK PLATE $

13 1993 KELLY/DOCK PLATE $

15 1997 KELLY/DOCK PLATE $

28 1995 KELLY/DOCK PLATE $

204 2004 POWER RAMP/DOCK PLATE $

203 2004 POWER RAMP/DOCK PLATE $

Bi-Monthly Maintenance Total (BMMT) $

Two (2) Year BMMT Total - (BMMT X 12) $

BID COST SHEET

TOTAL MAINTENANCE CHARGES

Two (2) Year Monthly Maintenance Total (MMT) $_________

Two (2) Year Bi-Monthly Maintenance Total (BMMT) $_________

Hourly Repair Service Rate $___________/ HR X 200 hrs. = $___________

TOTAL BID (Maintenance and Hourly Rate) $ __________

Amount FTB will encumber for parts per term of contract $ 10,000.00

Grand Total $___________

FTB anticipates the purchase of repair parts other than those covered in Exhibit A, Scope of Work, and paragraph 2. Bidder to offer parts at the retail cost.

The estimates used for monthly, bi-monthly maintenance, hourly repair service and value of parts will be used solely for the purpose of computing the cost as a fair and equitable formula to determine the lowest bidder and is not binding on the contracting agency. However, the rates quoted by the bidder shall be binding for the term of the contract. (Note: All services performed are paid in arrears according to billing cycle indicated below.)

Indicate billing cycle. (Note: All services performed are paid in arrears according to billing cycle indicated below.)

_ ______Monthly ________Quarterly ________Semi-Annual ________ Annual

ATTACHMENT III

(Submission of this Attachment is not an obligation and failure to comply will not cause rejection of the bid, however, if you are low bidder you may be called upon to provide this information.)

1. Provide a brief description on what you feel qualifies your company to do the job.

2. Provide references of similar types of services performed within the last five years.

Firm Name:______________________________________________ Telephone No.: _______________

Address:_____________________________________________________________________________

Year Service Performed:__________________________

Service: ___________________________________________________________________________

Firm Name:______________________________________________ Telephone No.: _______________

Address:_____________________________________________________________________________

Year Service Performed: __________________________

Service: ___________________________________________________________________________

Firm Name: ______________________________________________ Telephone No.: _______________

Address: _____________________________________________________________________________

Year Service Performed: __________________________

Service: ___________________________________________________________________________

STATEMENT IF NO REFERENCES AVAILABLE: _________________________________________

STATE OF CALIFORNIA

ATTACHMENT IV

1. CONTRACTOR CERTIFICATION CLAUSES – CCC-307

http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx

2. PAYEE DATA RECORD – STD 204

The successful bidder as a result of this RFSQ will be required to sign the Payee Data Record, STD. 204, before contract award. Refer to the following website link for more details:

http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

3. BIDDER DECLARATION FORM GSPD-05-105 (Mandatory) All bidders must complete the Bidder Declaration GSPD-05-105 and include it with the bid response.

4. DARFUR CONTRACTING ACT

Pursuant to Public Contract Code section 10478, if a bidder or proposer currently or within the previous three years has had business activities or other operations outside of the United States, it must certify that it is not a “scrutinized” company as defined in Public Contract Code section 10476.

If your company has not, within the previous three years, had any business activities or other operations outside of the United States, you do not need to complete this form.

http://www.documents.dgs.ca.gov/pd/poliproc/darfurcert072010.doc

5. COMMERCIALLY USEFUL FUNCTION

All certified Small Business, Microbusiness, and/or DVBE contractors, subcontractors or suppliers must meet the commercially useful function requirements under Government Code, Section 14837(d)(4) (for SB) and Military and Veterans Code, Section 999(b)(5)(B0 (for DVBE).

If you are a certified Small Business, Microbusiness, and/or DVBE please answer the following questions, as they apply to your company when fulfilling a resulting purchase order or contract.

1 Will your company be responsible for the execution of a distinct element of the resulting purchase order?

Yes___ No___

2 Will your company be actually performing, managing, or supervising an element of the resulting purchase order?

Yes___ No___

3 Will your company be performing work on the resulting purchase order that is normal for its business, services, and functions?

Yes___ No___

4 Will your company be responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment?

Yes___ No___

5 Will there be any subcontracting that is greater than that expected to be subcontracted by normal industry practices for the resulting purchase order?

Yes___ No___ http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf http://www.documents.dgs.ca.gov/pd/poliproc/darfurcert072010.doc

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

Agreement is: JULY 1, 2016 or date of approval, whichever is later through JUNE 30, 2018

3. The maximum 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 3 pages Exhibit B – Budget Detail and Payment Provisions 4 pages Exhibit C* – General Terms and Conditions GTC610 Check mark one item below as Exhibit D:

Exhibit - D Special Terms and Conditions (Attached hereto as part of this agreement) 2 pages Exhibit - D* Special Terms and Conditions Exhibit E – Additional Provisions

Exhibit F - Insurance Requirements 1 page 2 pages

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 http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx

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:

Jeanne Harriman, Chief Financial Officer

ADDRESS

P.O. Box 2086, Rancho Cordova, CA 95741-2086

EXHIBIT A

SCOPE OF WORK

1. Contractor agrees to provide to Franchise Tax Board (FTB), all labor, material, and parts necessary to provide preventative maintenance and repair services on forklifts, electric pallet jacks, messenger carts, roll-lift hydraulic platform, and electric dock plates (please see equipment list in Exhibit B, Budget Detail and Payment Provisions.). This service includes cleaning, lubrication, battery terminal corrosion prevention and protection, mechanical adjusting and checking all safety, general mechanical and electrical equipment

The Industry Standard and Statistics show that it takes approximately 1(one) hour to perform a proper PM on an electric forklift/rider unit and about 30 minutes on a walkie.

Maintenance Services to include the following but not limited to:

o Inspect tires, casters, wheel lugs, all hydraulic hoses, cylinders for cracks, and uneven wear.

o Check all connecting shafts, motors, ignition systems, electrical systems, masts.

o Check cables and connectors for frayed or exposed wires o Perform operational check of all equipment by driving, operating all levers, alarms, lights, breaks, steering system in forward and backing up and make the necessary adjustments..

o Check for loose or cracked welds, loose bolts, overhead guard o Check and top off all liquids, where necessary, including but not limited to batteries, hydraulic oil levels master cylinders, differential oil etc.

o Lube zerks using lube guns.

o Lubricate equipment as/where necessary and appropriate with lube guns, oil canisters, spray lubricant including chains o Clean/wipe grease fitting, zerks joints, etc prior to and after lubricating to prevent excess grease from soiling equipment and floors o Check and clean sump filter cap and replace when necessary, o Clean batteriy top deck, battery studs of corrosion, grime and all accessible areas of the battery. Battery deck, studs, wire contacts etc. must free of grime and dust before applying new corrosion neutralizer o Check and clean cables/receptacles and make sure the connection is a tight fit.

o Clean battery compartment and surrounding areas with compressed air and wipe off hardened grime o Blow off dust the motors and surrounding areas with compressed air. Keep equipment in clean condition, free of lint, dust, grime, excess oil, and grease o Conduct other preventative maintenance suggested by manufacturer at the suggested hours and months o Inspect all dock plates hinges, springs, control bar, deck supports for damage and lubricate as necessary o Inspect dock plates for leaks and clean hydraulic motor, hoses and lubricate as necessary o Activate dock plates for inspection of all levels of operations o Inspect and clean out dock plates pit area of all debris

SCOPE OF WORK (continued)

2. Preventative maintenance service is defined as adjustments necessary to keep the equipment in good, efficient mechanical condition, keeping equipment clean, free of grime, dust, corrosion and said service shall be performed monthly, bi-monthly or as scheduled (please see maintenance schedule in Exhibit B, Budget Detail and Payment Provisions). Maintenance services are to include, as necessary and made part of the cost, the replacement of the following expendable parts and supplies:

o All fluids, lubricants, cleaners (i.e. oil, brake fluid, hydraulic, battery corrosion prevention, distilled water etc.)

o Oil filter o Shop towels, degreasers, neutralizers, corrosion prevention and protection

3. Repair service is defined as service calls found to be necessary to keep the equipment in good operating condition.

4. Replacement parts not defined as service calls found to be necessary, will be charged at the retail cost, upon approval by FTB. FTB will encumber up to $ 10,000.00 for any necessary replacing parts as part of this agreement.

5. All work and parts shall be guaranteed for 90 days and the costs for recalls shall be borne by the contractor

6. Contractor agrees to provide FTB with the retail current price list(s) or the contractor shall provide the manufacturer’s invoice of items purchased to substantiate the price charged to FTB

7. Contractor shall provide a separate work order for each piece of equipment serviced per visit and an itemized price listing of all parts being replaced/repaired. Hourly rates for services shall be submitted with each invoice.

8. FTB will not pay any Master Mechanic hourly rates to run parts

9. Repair services shall be paid at the rate(s) specified in Exhibit B, Budget Detail and Payment Provisions, for each full hour of service. If the service is less than an hour, the hourly rate shall be paid at a fraction thereof. Charges incurred will be paid from the point of arrival on FTB’s premises until departure.

10. Service shall be provided during normal working hours, 8:00 a.m. to 3:00 p.m., Monday through Friday, except State holidays. The phone call response shall be of no more than four (4) working hours and onsite response shall be 24 to 48 hours from the initial contact.

11. Preventative maintenance shall be performed outdoors/on docks at designated locations selected/agreed by the Fleet Coordinator. Contractor shall leave all working areas clean and free of any leftover material and debris.

12. Contractor shall be responsible for damages to any part of the equipment while providing the requested services; contractor shall be solely responsible for the total cost for the repair and/or replacement of the equipment.

13. At a minimum, the contractor must use, utilize a lock-out/block-out program when servicing equipment with hydraulics (i.e. forklift, dock, plates).

14. Contractor must document all findings and report them to the Fleet Coordinator.

SCOPE OF WORK (continued)

15. Contractor agrees that no preventative maintenance is done on the “OUT OF SERVICE” equipment without the consent of the Fleet Coordinators. If only adjustments are required to get the equipment operable, then the equipment is to be cleaned and lubed along with all the other necessary preventative maintenance steps. If no preventative maintenance or diagnosis is done, the monthly charges for that equipment shall not be charged.

16. Contractor must have adequate personnel to respond to requests for service in the time frame requested by FTB and hereto mentioned in this contract. Contractor agrees that all services shall be performed by trained maintenance and repair personnel, directly employed and supervised by the contractor.

17. Technician must check in with Fleet Coordinator or Fleet Coordinator Supervisor upon arrival at FTB premises. If Technician fails to check out with the Coordinator/Supervisor, FTB will only be responsible for payment of two (2) hours of service at the hourly rate for service repairs as specified in, Exhibit B, Budget Detail and Payment Provisions.

18. The preventative maintenance services will be taking place, at different locations within the complex, at the following address:

19. The project coordinators during the term of this Agreement will be:

Franchise Tax Board Contractor Name Name Phone: (Number) Phone: (Number) Fax: (Number) Fax: (Number)

Direct all agreement inquiries to:

Franchise Tax Board Contractor Procurement Bureau Unit Attention: Iosif Bota Name P. O. Box 2086, Mailstop A374 Address Rancho Cordova, CA 95741-2086 City, State, ZIP Phone: (916) 845-6557 Phone: (Number) Fax: (916) 843-1093 Fax: (Number)

Proposed Agreement Agreement # ____________

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

1. INVOICING AND PAYMENT: For services satisfactorily rendered and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this Agreement.

36 1996 DAEWOO-FORKLIFT

66 2005 HYSTER-FORKLIFT

37 1996 DAEWOO-FORKLIFT

50 1999 CLARK-FORKLIFT

00 NEW - COLUMBIA-PERSONNEL CARRIERS

48 1998 EZ-GO-PERSONNEL CARRIERS

42 1998 EZ-GO-PERSONNEL CARRIERS

43 1998 CUSHMAN-PERSONNEL CARRIER

30 1996 CUSHMAN-PERSONNEL CARRIER

00 NEW - COLUMBIA-PERSONNEL CARRIER

62 1996 CUSHMAN-PERSONNEL CARRIER

00 NEW - COLUMBIA-PAYLOADER

49 1998 CUSHMAN-PERSONNEL CARRIERS

64 2005 PACK MULE-STOCK CHASER

69 2005 PACK MULE-STOCK CHASER

00 NEW - COLUMBIA-PAYLOADER

71 2006 COLUMBIA-STOCK CHASER

72 2006 COLUMBIA-PERSONNEL CARRIER

74 2010 COLUMBIA-PERSONNEL CARRIER

75 2010 COLUMBIA-STOCK CHASER

BUDGET DETAIL AND PAYMENT PROVISIONS(continuation)

76 2010 COLUMBIA-PAYLOADER

77 2013 COLUMBIA-STOCK CHASER

78 2013 COLUMBIA-STOCK CHASER

79 2013 COLUMBIA-STOCK CHASER

80 2013 COLUMBIA-STOCK CHASER

81 2013 TAYLOR DUNN -STOCK CHASER

2013 TAYLOR DUNN -STOCK CHASER $

2013 TAYLOR DUNN -STOCK CHASER $

2013 TAYLOR DUNN -STOCK CHASER $

85 2015 COLUMBIA-PAYLOADER

86 2015 COLUMBIA-STOCK CHASER

BI-MONTHLY MAINTENANCE BI-MONTHLY RATE

53 1999 CAT-PALLET TRUCK

61 2003 CLARK-PALLET TRUCK

68 2004 HYSTER-PALLET TRUCK

73 2003 PRIME MOVER-PALLET TRUCK

87 2015 JUNGHEINRICH-PALLET TRUCK

88 2015 JUNGHEINRICH-PALLET TRUCK

89 2015 JUNGHEINRICH-PALLET TRUCK

90 2015 JUNGHEINRICH-PALLET TRUCK

91 2015 JUNGHEINRICH-PALLET TRUCK

6 1993 MCGUIRE/ELECTRIC DOCK PLATE

7 1993 MCGUIRE/ELECTRIC DOCK PLATE

13 1993 KELLY/DOCK PLATE

15 1997 KELLY/DOCK PLATE

28 1995 KELLY/DOCK PLATE

204 2004 POWER RAMP/DOCK PLATE

203 2004 POWER RAMP/DOCK PLATE

BUDGET DETAIL AND PAYMENT PROVISIONS – Continued

Parts amount allowed per term of contract $10,000.00

Hourly Repair Service Rate $_______/hr

The total amount of this agreement shall not exceed $________

2. Invoices shall include the Agreement Number and be submitted in triplicate not more frequently than monthly in arrears to:

Fiscal Accounting P. O. Box 2800

Sacramento, CA 95812-2800

3. BUDGET CONTINGENCY CLAUSE: It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.

If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either: cancel this Agreement with no liability occurring to the State, or offer an Agreement Amendment to Contractor to reflect the reduced amount.

4. PROMPT PAYMENT CLAUSE: Payment will be made in accordance with and within the time specified in Government Code, Chapter 4.5 (commencing with Section 927).

BUDGET DETAIL AND PAYMENT PROVISIONS

5. INVOICING AND PAYMENT: For services satisfactorily rendered and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this Agreement.

Invoices shall include the Agreement Number and be submitted in triplicate not more frequently than monthly in arrears to:

Fiscal Accounting P. O. Box 2800

Sacramento, CA 95812-2800

6. BUDGET CONTINGENCY CLAUSE: It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.

If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either: cancel this Agreement with no liability occurring to the State, or offer an Agreement Amendment to Contractor to reflect the reduced amount.

7. PROMPT PAYMENT CLAUSE: Payment will be made in accordance with and within the time specified in Government Code, Chapter 4.5 (commencing with Section 927).

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

1. STATEMENT OF CONFIDENTIALITY: The Franchise Tax Board has tax returns and other data in its custody, which is confidential data. Unauthorized inspection or disclosure of State returns or other confidential data is a misdemeanor (Section 19542 and 19542.1, Revenue and Taxation Code and 90005, Government Code). Unauthorized inspection or disclosure of confidential data that includes Federal returns and other data is a felony (Sections 7213(a)(1) and 7213A(a)(1)(B) Internal Revenue Code).

The Contractor and each of the Contractor's employees or other persons who may have access to the Franchise Tax Board data will be required to sign a statement attesting to the fact that he/she is aware of the confidentiality of tax information and the penalties for unauthorized disclosure thereof. It is the Contractor's responsibility to notify FTB of any changes in designations.

2. TAX COMPLIANCE: The Contractor, its project manager, and the alternate manager, must be in compliance with the Revenue and Taxation Code throughout the term of the agreement. Failure to comply with this provision shall be deemed a breach of this agreement and shall be grounds for cancellation of this agreement.

3. EXCISE TAX: The State of California is exempt from Federal Excise Taxes, and no payment will be made for any taxes levied on employees' wages. The State will pay for any applicable State of California or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to this agreement.

California may pay any applicable sales or use tax imposed by another state.

4. SETTLEMENT OF DISPUTES: In the event of a dispute, Contractor shall file a “Notice of Dispute” with the Executive Officer, of the Franchise Tax Board within ten (10) days of discovery of the problem. Within ten (10) days the Executive Officer, or his/her designee shall meet with the Contractor and Project Manager for purposes of resolving the dispute. The decision of the Executive Officer shall be final.

In the event of a dispute, the language contained within this agreement shall prevail over any other language including that of the bid proposal.

5. EVALUATION OF CONTRACTOR: Performance of the Contractor under this agreement will be evaluated. The evaluation shall be prepared on Contract/Contractor Evaluation Sheet, Std. 4 and maintained in the Agreement file for consultant agreements, a copy of the evaluation will be sent to the Department of General Services Legal Office, if it is negative and over $5,000.00.

6. FTB LIABILITY: The Contractor warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the State shall, in addition to other remedies provided by law, have the right to annul this Agreement without liability, paying only for the value of the work actually performed, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

EXHIBIT D

SPECIAL TERMS AND CONDITIONS (continued)

7. POTENTIAL SUBCONTRACTORS: Nothing contained in this Agreement or otherwise shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve the Contractor of its responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor's obligation to pay its subcontractors is an independent obligation from the State’s obligation to make payments to the Contractor. As a result, the State shall have no obligation to pay or to see the payment of any monies to any subcontractor.

8. BACKGROUND CHECK FINGERPRINTING AND TAX COMPLIANCE OF CONTRACTOR PERSONNEL:

The Franchise Tax Board (FTB) will investigate the personal history of all Contractor personnel who will have access to FTB’s facilities, data systems or confidential materials during the term of the contract. FTB will require such Contractors, subcontractors, independent contractors, and their employees to complete a Personal History Statement and be fingerprinted. Fingerprints will be sent to the California Department of Justice for information regarding prior criminal history.