Prepared By

SUPPLY CHAIN SERVICES

REQUEST FOR PROPOSAL, INSTRUCTIONS TO PROPOSERS,

PROPOSAL FORMS, CONTRACT FORMS, AND

SCOPE OF SERVICES

REQUEST FOR PROPOSAL NO. PRC0001030.GH

Crane Services

PRE PROPOSAL CONFERENCE

Wednesday July 1, 2026 9:30 AM PDT

Microsoft Teams meeting Join: https://teams.microsoft.com/meet/217880652368613?p=AyEvJxrZPhcugL89G5

Meeting ID: 217 880 652 368 613 Passcode: NZ3zL39J

Proposals are due at the date and time specified in the Bid Information section of this sourcing event in PlanetBids (SMUD’s sourcing system).

SACRAMENTO MUNICIPAL UTILITY DISTRICT RFP NO. PRC0001030.GH

i RFP PRC0001030.GH Crane Services draft.docx RFP Craft Service.dotm

PROPOSAL NO.PRC0001030.GH

Crane Services

TABLE OF CONTENTS

1. REQUEST FOR PROPOSALS 1-1

2. SCOPE OF SERVICES 2-1

2.1. SCOPE OF WORK 2-1

2.2. SCOPE OF WORK 2-1

3. INSTRUCTIONS TO PROPOSERS 3-2

3.1. TIME AND MANNER OF SUBMISSION 3-2

3.2. EXPLANATIONS TO PROPOSERS 3-2

3.3. WITHDRAWAL OR MODIFICATION OF PROPOSALS 3-3

3.4. REVISIONS AND SUPPLEMENTS 3-3

3.5. SITE INSPECTION AND CONDITIONS 3-3

3.6. PRE-PROPOSAL CONFERENCE 3-4

3.7. PROPOSAL EVALUATION AND SELECTION PROCESS 3-4

3.8. NON-EXCLUSIVE AGREEMENT 3-5

3.9. DURATION OF CONTRACT 3-5

3.10. QUALIFICATIONS OF PROPOSERS 3-5

3.11. PROPOSAL PREPARATION COSTS 3-5

3.12. CONFLICTS 3-6

3.13. BID SCHEDULE 3-6

3.14. MANNER AND TIME OF PAYMENT 3-6

3.15. SUBCONTRACTORS 3-6

3.16. PROPOSALS WITH SEED SUBCONTRACTING PARTICIPATION 3-6

3.17. FRANCHISE TAX FORM 590 3-7

3.18. NOTICE RELATED TO PROPRIETARY/CONFIDENTIAL DATA 3-7

3.19. CONTRACT 3-7

3.20. SUPPLIER EDUCATION & ECONOMIC DEVELOPMENT (SEED)

PROGRAM 3-7

3.21. ENVIRONMENTAL PROCUREMENT 3-8

3.22. SAFETY PROGRAM 3-8

3.23. BONDS 3-9

ii RFP PRC0001030.GH Crane Services draft.docx RFP Craft Service.dotm

4. SUPPLIER EDUCATION & ECONOMIC DEVELOPMENT (SEED) PROGRAM 4-1

4.1. INTRODUCTION 4-1

4.2. OVERVIEW 4-1

4.3. PROGRAM GOALS AND INCENTIVES 4-1

4.4. SEED PROGRAM QUALIFICATION 4-2

4.5. CONTRACT COMPLIANCE 4-3

4.6. FALSIFICATION OF INFORMATION 4-3

4.7. ADDITIONAL INFORMATION 4-3

5. PROPOSAL EVALUATION CRITERIA 5-1

6. PROPOSAL REQUIREMENTS 6-1

6.1. PROPOSAL AGREEMENT 6-2

6.2. SAFETY COMPLIANCE CERTIFICATE 6-3

6.3. IN-USE OFF-ROAD DIESEL FUELED FLEET REQUIREMENT 6-4

6.4. NON-COLLUSION DECLARATION 6-5

6.5. PUBLIC RECORD INDEMNITY AGREEMENT 6-6

6.6. PROMPT PAYMENT PROGRAM 6-7

6.7. SEED PROGRAM SMALL BUSINESS DECLARATION 6-8

6.8. DESIGNATION OF PRIME CONTRACTOR, SUBCONTRACTORS AND

SUPPLIERS 6-9

6.9. PUBLIC ENTITY CONTRACT REQUEST 6-10

6.10. CONTRACTOR’S LICENSE INFORMATION 6-11

6.11. BID BOND FORM 6-12

6.12. DETAILED PROPOSAL 6-13

6.13. BID SCHEDULE

7. CONTRACT

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8. GENERAL CONDITIONS

9. SPECIAL CONDITIONS

10. TECHNICAL CONDITIONS

1-1

1. REQUEST FOR PROPOSALS

NO. PRC0001030.GH

The Sacramento Municipal Utility District, hereinafter referred to as “SMUD”, is soliciting proposals for Crane Services, PRC0001030.GH

This Request for Proposal (“RFP”) provides instructions to contractors for submitting proposals and establishes terms and conditions under which SMUD will contract for such services.

All proposals must strictly conform to the requirements described in this RFP.

PROPOSERS SHALL PAY PARTICULAR ATTENTION TO THE FOLLOWING

REQUIREMENTS:

ENVIRONMENTAL PROCUREMENT:

SMUD has adopted an Environmental Protection Policy in which it commits to environmental stewardship, the conservation of natural resources, reductions in the use of hazardous substances, reductions in mobile sources of NOx emissions, and recycling and responsible disposal. SMUD will promote environmental procurement practices that will minimize environmental impacts, conserve natural resources, and reward environmentally conscious manufacturers and contractors, while remaining fiscally responsive. To further its policy SMUD will favor environmentally preferable procurements when price, quality, and availability are equal. To this end, SMUD will endeavor to reward environmentally conscious manufacturers, suppliers, and contractors with contracting opportunities that address these policy goals in addition to providing SMUD and its customer-owners fiscally responsible procurement options.

SUPPLIER EDUCATION & ECONOMIC DEVELOPMENT (SEED) PROGRAM:

SMUD is committed to achieving full and equal contracting opportunities for customers doing business with SMUD and has adopted the program described in this solicitation to help fulfill that commitment.

SAFETY PROGRAM REQUIREMENT:

The personal safety and health of the general public, SMUD employees, and Contractor employees is of paramount importance. Included within this specification are safety instructions that have been prepared to aid a Contractor or Contractor’s employees to comply with the safety requirements and regulations which are necessary to avoid personal injury to the general public, SMUD employees, and Contractor employees and to prevent damage to SMUD buildings, equipment, or materials while performing this contract.

PREVAILING WAGE REQUIREMENT:

Any contractor undertaking any public work, and any subcontractor under him, shall pay not less than the general prevailing rate of wages and the general prevailing rate for holiday and overtime work, in the locality in which the public work is to be performed, for each craft, classification, or type of workman needed to perform the public work. The prevailing rates of wages shall be as determined by the Director of the Department of Industrial Relations of the State of California.

The established rates are available at http://www.dir.ca.gov/dlsr/#PWD.

- No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code

1-2 section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

- No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

- Contractors and subcontractors must furnish electronic certified payroll records to the Labor Commissioner pursuant to Labor Code section 1771.4.

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

IN-USE OFF-ROAD DIESEL FUELED FLEET REQUIREMENT:

Effective October 1, 2023, Contracts awarded on or after January 1, 2024, will be subject to amended California Air Resources Board (CARB) requirements pursuant to California Code of Regulations, Title 13, Chapter 9, Article 4.8, sections 2449 et seq.

- For projects involving the use of vehicles subject to the regulation prime contractor must have a valid Certificate of Reported Compliance and must obtain valid Certificates of Reported Compliance for all listed subcontractors operating vehicles subject to the regulations, as described in sections 2449(i) and 2449(j)

- Copies of the certificates must be provided to SMUD prior to the award of the contract.

- The Certificates of Reported Compliance of prime contractor and its subcontractors must be retained for three years after final completion.

This requirement is subject to compliance monitoring and enforcement by CARB.

CONTRACTOR CODE OF CONDUCT:

The Contractor Code of Conduct is available on smud.org and outlines the principles and practices that SMUD contractors, as well as their employees and subcontractors, are expected to follow when doing business with SMUD.

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2. SCOPE OF SERVICES

2.1. SCOPE OF WORK

The work generally consists of providing SMUD Crane Services.

2.2. SCOPE OF WORK

The Proposer shall provide all labor, material, and equipment, including equipment delivery, safety devices, maintenance, repair and replacement each as required to support the crane equipment needs of SMUD. This solicitation will result in a contract(s) for which the Notice to Proceed and all orders will be accomplished by a written Task Order signed by SMUD’s Contract Manager. Services provided under this contract are incidental to overall work being conducted. The availability of the proper equipment and the equipment’s working condition will play an important role in the safe, timely and efficient accomplishment of the work. Therefore, the Contractor’s highest priority is expected to be given to this Contract.

Prior to commencing work on any activity, SMUD will issue a Task Authorization for each requested Contract activity. The Task Authorization will contain at a minimum the following:

• a description of the work to be performed

• the estimated cost

• time required

• any extraordinary project parameters

A Task Authorization Letter, prepared by SMUD and signed by both parties’ authorized representatives will be the authorization for the Contractor to perform the task.

The Contractor will provide SMUD with a monthly report that briefly describes the status of all Contract tasks. All invoices billing to a Task will be submitted to SMUD within 90 days of Task closing date. Invoiced costs for any Task that are in excess of the approved Task value will not be reimbursed by SMUD.

The Contractor shall provide written notice within seven (7) days to SMUD when task expenditures reach 70 percent of the authorized dollar limit.

SMUD retains the right to terminate individual Task authorizations due to changing requirements or other reasons. Such termination notice shall be issued in writing and will specify a date for Task closure and turnover of existing deliverables. This termination is not constricted by the 30-day notice requirement contained in the Term and Condition entitled Termination, and notification will be determined by the nature of the work and reasons for termination.

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3. INSTRUCTIONS TO PROPOSERS

3.1. TIME AND MANNER OF SUBMISSION

The Proposal shall be submitted in PlanetBids, SMUD’s sourcing system, (“Sourcing System”) no later than the date and time specified in the Bid Information section of this sourcing event in the Sourcing System. Mailed or hand delivered proposal responses will not be considered. All proposals submitted become the property of SMUD.

Proposals shall cover the entire scope of the RFP. Each proposal shall give the full business address of the Proposer and shall be signed by an authorized official of the company. The name of each person signing the proposal shall be typed or printed below the signature. When requested by SMUD, satisfactory evidence of the authority of the person signing on behalf of the Proposer shall be furnished.

Submittal of Bid Bond, Certified Check or Cashier’s Check: Proposer must submit an original copy of the Bid Bond, or a certified check or a cashier’s check enclosed in a sealed envelope and addressed as follows:

By U.S. Mail or Hand Delivery: By Overnight or Express Delivery Sacramento Municipal Utility District Sacramento Municipal Utility District Supply Chain Services Office: Warehouse Operations/Supply Chain Services Attention: Greg Hovious_ (MS EA404) Attention: Greg Hovious (MS EA404) RFP No. PRC00001030.GH RFP No. PRC00001030.GH 4401 Bradshaw Road 9774 Kiefer Blvd Sacramento, CA 95827 Sacramento, CA 95827

The sealed mailing envelope must be clearly marked with the RFP PRC00001030.GH and to the ATTENTION of Greg Hovious. The envelope shall also show the Proposer’s name and address.

Directions for Visitors:

To get to SMUD’s East Campus location (EC-OC) at 4401 Bradshaw Road:

From US Highway 50, take Watt Avenue exit (exit 11) Head South on Watt Avenue (approx. 1.8 miles) Turn left onto Jackson Hwy (CA-16 East) (approx. 2.1 miles) Turn left onto Bradshaw Road (approx. 0.9 miles) Turn right into SMUD’s EC-OC visitor’s entrance

Please note: There is no access to the EC-OC visitor entrance from Southbound Bradshaw Road.

3.2. EXPLANATIONS TO PROPOSERS

Should the Proposer find discrepancies in or omissions from this document, or should the intent or meaning appear to the Proposer to be obscure or ambiguous, the Proposer should immediately send

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SMUD a written request for interpretation, clarification, or correction thereof before submitting a proposal. The Proposer making such a request will be solely responsible for the timely receipt of the written request by SMUD. Replies to such inquiries will be made only in the form of addenda to this RFP and will be issued simultaneously to all business firms or persons who have obtained a copy of the RFP from SMUD. Verbal requests for information during the period of proposal preparation are acceptable if made sufficiently in advance of the proposal opening date to allow issuance of an addendum to the RFP.

All correspondence pertaining to this RFP is highly preferred to be submitted through the Q&A section in PlanetBids. Additional contacts are listed below, however, it is SMUD’s strong preference for Proposers to use the Q&A tool within the Sourcing System, as it is the primary way the SMUD team will be communicating before, during, and after the RFP open period.

Contact REQUEST FOR PROPOSAL SEED PROGRAM Contact Name Greg Hovious Franklin Burris Phone number (916) 732-4860 916-732-6513 E-mail gregory.hovious@smud.org Franklin.Burris@smud.org

SMUD will not be bound by any oral interpretation of the RFP, which may be made by any of its representatives or employees, unless such interpretations are subsequently issued in the form of an addendum to this RFP.

3.3. WITHDRAWAL OR MODIFICATION OF PROPOSALS

Proposals may be modified or withdrawn through the Sourcing System prior to the RFP due date.

3.4. REVISIONS AND SUPPLEMENTS

3.4.1 Addenda: If it becomes necessary to revise or supplement any part of this RFP an addendum will be provided.

3.4.2 Acknowledgment of Addenda: Receipt of an addendum to this RFP by a Proposer must be acknowledged by signing and submitting the addendum signature sheet as part of the Proposer’s Proposal.

3.5. SITE INSPECTION AND CONDITIONS

In addition to examination of this RFP, each Proposer shall make whatever other arrangements are necessary to become fully informed regarding all existing and expected conditions and matters which, during the contract time period, could affect in any way, the work, performance of work, or the cost thereof. Any failure to fully investigate the work site or the foregoing conditions shall not relieve the Proposer from responsibilities for properly estimating the difficulty or cost of successfully performing the work. SMUD assumes no responsibility for any representation made by its representatives or agents, during or prior to the execution of a contract pursuant to this RFP, unless such information is in writing in the form of an addendum to this RFP.

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3.6. PRE-PROPOSAL CONFERENCE

An on-line Pre-Proposal Conference is scheduled for Wednesday July 1, 2026 9:30 AM PDT.

Microsoft Teams meeting https://teams.microsoft.com/meet/217880652368613?p=AyEvJxrZPhc ugL89G5 Meeting ID: 217 880 652 368 613

Passcode: NZ3zL39J

It is strongly recommended that all Proposers attend this conference to ensure a complete understanding of the details of this RFP.

3.7. PROPOSAL EVALUATION AND SELECTION PROCESS

The proposals submitted in response to this solicitation shall be evaluated for award based on the criteria described in the Proposal Evaluation Criteria section of this RFP.

SMUD may request additional information from any or all Proposers after the initial evaluation of the proposals to clarify terms and conditions.

Based on SMUD's review of the proposals received, a short-listed group of Proposers may be selected. The short-listed firms may be required to make verbal presentations of their qualification to SMUD. If a presentation is determined to be required, the presentation will be considered in the overall technical rating.

The contract will be awarded to the best-qualified Proposer(s), after price and other factors have been considered, provided that the proposal is reasonable and is in the best interests of SMUD to accept it.

The right is reserved, as the interest of SMUD may require, to reject any or all proposals and to waive any irregularity in the proposals received.

SMUD will post a “Notification of Intent to Award” of the Proposals received and evaluated on the Sourcing System at least five (5) business days prior to awarding the contract. The posting includes the Proposal Price for all responsive proposals. After the “Notification of Intent to Award” is posted, any unsuccessful Proposers may request the reason(s) their proposal was not selected. In the event a Proposer elects to protest SMUD’s selection, the protest must be submitted in writing to SMUD’s Director, Purchasing, Warehouse, and Fleet, within five (5) business days of the posting of the “Notification of Intent to Award”. SMUD’s Contract Award and Protest Policy is available upon written request to the Director, Purchasing, Warehouse, and Fleet, SMUD procurement staff, or may be found on www.smud.org.

Proposals for construction contracts of $11,000,000 or more will be submitted to the Board of Directors of SMUD for award.

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Within fifteen (15) calendar days after notice of award, the successful Proposer shall deliver to SMUD the required insurance certificates, bonds, and a signed copy of the contract. The contract forms will be forwarded to the successful Proposer with the award notification. SMUD will not issue the Notice to Proceed until SMUD has received all the above-required documents.

3.8. NON-EXCLUSIVE AGREEMENT

If awarded a contract under this RFP, the contract will NOT establish an exclusive arrangement between SMUD and the Proposer. SMUD reserves, among others, the following rights:

• The right to use others to perform work and services described in this RFP.

• The right to request proposals from other contractors for work described in the RFP without requesting a proposal from the Contractor.

• The unrestricted right to bid any work or services described herein.

3.9. DURATION OF CONTRACT

This contract shall be for approximately a three year period, with two one year SMUD options, subject to approval by SMUD's Board of Directors of the corresponding annual budget, unless otherwise mutually agreed upon in writing.

SMUD prepares its Annual Budget on a calendar year basis. The Budget is subject to the approval of SMUD's Board of Directors.

3.10. QUALIFICATIONS OF PROPOSERS

SMUD expressly reserves the right to reject any proposal if it determines that the business and technical organization, equipment, financial and other resources, or experience of the Proposer, compared to the work proposed justifies such rejection.

SMUD reserves the right to reject, in its sole discretion, any proposal that includes equipment or information and communications technology or services designed, developed, manufactured, or supplied by an entity located within the country of a foreign adversary, and/or owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary. This also includes components and sub-components of such equipment or information and communications technology or services.

Proposers must be licensed under Chapter 9 of Division 3 of the Business and Professions Code of the State of California.

3.11. PROPOSAL PREPARATION COSTS

The costs of developing proposals are entirely the responsibility of the Proposer and shall not be charged in any manner to SMUD.

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3.12. CONFLICTS

If conflicts exist between the contract and the other elements of this RFP, the contract prevails. If conflict exists within the contract itself, the Terms and Conditions govern, followed by Scope of Services. If conflict exists between the contract and applicable Federal or State law, rule, regulation, order, or code; the law, rule, regulation, order, or code shall control. Varying levels of control between the Terms and Conditions, drawings and documents, laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement(s) shall control.

3.13. BID SCHEDULE

The Proposer shall be reimbursed for work performed under the contract in accordance with the items described in the Bid Schedule section of this RFP.

3.14. MANNER AND TIME OF PAYMENT

Billing shall be submitted in accordance with the above referenced provision of the Sample Contract section of this RFP.

3.15. SUBCONTRACTORS

The Proposers must describe in their proposals the areas that they anticipate subcontracting to specialty firms. Identify the firms and describe how Proposer will manage these subcontracts. The firms shall be listed on the Designation of Prime, Subcontractors, and Suppliers form, which is attached as a separate document.

Pursuant to Sections 4100-4114, inclusive, of the California Public Contract Code, each Proposer must submit a list showing the names and location of places of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one half of one percent of the prime contractor’s total proposal, together with a statement of the portion of the work to be done by each subcontractor. If no subcontractors are to be used, except within the one half of one percent (0.5%) limit set forth, the Proposer shall so state. SMUD may disqualify any Proposer who fails to comply with this instruction.

Contractor to pay subcontractors in a timely manner.

Nothing contained in the Contract shall create any contractual relation between any subcontractor and SMUD.

3.16. PROPOSALS WITH SEED SUBCONTRACTING PARTICIPATION

If submitting a proposal with SEED subcontracting participation, Proposer shall describe in detail the SEED subcontractor’s scope of services. The Proposer shall further provide the % and the total amount of the SEED participation in the Prime Contractor, Subcontractor and Suppliers Form.

3-7

Proposer who is awarded the contract shall provide SMUD with the SEED subcontractor actual spend via quarterly reporting of subcontractor invoices and payment documentation.

3.17. FRANCHISE TAX FORM 590

The Proposer to whom the contract award is made shall furnish SMUD with a completed State of California Franchise Tax Form 590. A blank Form 590 will be provided with the contract documents.

3.18. NOTICE RELATED TO PROPRIETARY/CONFIDENTIAL DATA

Proposers are advised that the California Public Records Act (the “Act”, Government Code §§ 7920 et seq.) provides that any person may inspect or be provided a copy of any identifiable public record or document that is not exempted from disclosure by the express provisions of the Act. Each Proposer shall clearly identify any information within its submission that it intends to ask SMUD to withhold as exempt under the Act. Except for proposal item(s) pricing, including fee schedule(s) which are subject to disclosure under Section 7928.801 of the Act, any other information contained in a Proposer’s submission which the Proposer believes qualifies for exemption from public disclosure as "proprietary” or “confidential” must be identified as such at the time of first submission of the Proposer’s response to this RFP. A failure to identify information contained in a Proposer’s submission to this RFP as "proprietary” or “confidential” shall constitute a waiver of Proposer’s right to object to the release of such information upon request under the Act. SMUD favors full and open disclosure of all such records. SMUD will not expend public funds defending claims for access to, inspection of, or to be provided copies of any such records.

Along with each Proposer’s response to this RFP, each Proposer is required to submit a signed indemnity agreement, included with its response to this RFP, whereby Proposer shall agree to indemnify and defend SMUD on terms stated therein against all claims or actions brought against it to seek access to or compel disclosure of any records or documents in SMUD’s possession which were submitted to SMUD by any Proposer pursuant to this RFP. Each Proposer will be required to sign and submit the Public Record Indemnity Agreement along with its response to this RFP, which is included in the “Proposal Requirements” section of this RFP.

3.19. CONTRACT

SMUD’s standard contract is included in the Contract section of this RFP. SMUD may reject proposals that contain exceptions to the Terms and Conditions included in the sample contract.

3.20. SUPPLIER EDUCATION & ECONOMIC DEVELOPMENT (SEED) PROGRAM

3.20.1 POLICY STATEMENT

The Sacramento Municipal Utility District (SMUD) is committed to achieving full and equal contracting opportunity for customers doing business with SMUD. SMUD recognizes the economic benefit provided by its contracting activity and has adopted this policy to promote the

3-8 economic development of its customer businesses. This program will provide direct economic benefit to SMUD’s customer-owners and will complement other SMUD economic development programs.

3.20.2 REQUIREMENTS AND PROGRAM ELEMENTS

A description of SMUD’s Supplier Education & Economic Development Program is included in this RFP. Proposers must comply with all the requirements specified in the program description and complete the form titled, “Designation of Prime Contractor, Subcontractors, and Suppliers”.

3.21. ENVIRONMENTAL PROCUREMENT

SMUD has adopted an Environmental Protection Policy in which it commits to environmental stewardship, the conservation of natural resources, reductions in the use of hazardous substances, reductions in mobile sources of NOx emissions, and recycling and responsible disposal. SMUD will promote environmental procurement practices that will minimize environmental impacts, conserve natural resources, and reward environmentally conscious manufacturers and contractors, while remaining fiscally responsive. To further its policy SMUD will favor environmentally preferable procurements when price, quality, and availability are equal. To this end, SMUD will endeavor to reward environmentally conscious manufacturers, suppliers, and contractors with contracting opportunities that address these policy goals in addition to providing SMUD and its customer-owners fiscally responsible procurement options.

3.22. SAFETY PROGRAM

All Proposers shall execute and submit with their Proposal the form titled, “Safety Compliance Certificate”. Submittal of this completed form will certify that the Proposer has:

3.22.1 An effective Injury and Illness Prevention Program, which meets the requirements of all applicable laws and regulations, including but not limited to, California Labor Code Section 6401.7;

3.22.2 A written Code of Safe Practices, which relates to the Proposer’s operation in accordance with Title 8, California Code of Regulations (CCR) Section 1509, (Construction Safety Orders);

3.22.3 A written plan for employee Emergency Medical Services in accordance with Title 8, California Code of Regulations, (CCR) Section 1512 (Construction Safety Orders); and,

3.22.4 Proposer agrees that it is fully responsible for the acts and omissions of its subcontractors and all persons either directly or indirectly employed by Proposer.

Such certification shall be made by the person with the authority and responsibility for implementing and administering Proposer's Injury and Illness Prevention Program.

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3.23. BONDS

All bonds signed by other than officers of the surety company must be accompanied by power of attorney certificates.

The insurers offering such surety bonds must be authorized to transact Surety insurance in the State of California as evidenced by approval of the State of California Department of Insurance.

3.23.1 Bid Bond

The Proposal must be accompanied by a Bid Bond in the amount of ten 10% of the proposal amount ON THE FORM PROVIDED BY SMUD, executed as surety by a corporation authorized to transact Surety insurance in the State of California as evidenced by approval of the State of California Department of Insurance, or a Certified or Cashier’s Check, in an amount equal to ten percent of the proposal.

3.23.2 Performance Bond

The Proposer to whom the contract award is made shall furnish SMUD with a Performance Bond in an amount equal to 100 percent of the amount of each Public Works Task Release, on the form provided by SMUD, executed as surety by a Corporation authorized to transact Surety insurance in the State of California as evidenced by approval of the State of California Department of Insurance, Contractor’s Performance Bond shall cover the full warranty period.

3.23.3 Letter of Credit

In lieu of a performance bond (payment bonds are statutorily required for public works projects), Proposer to whom the contract award is made may furnish SMUD a Letter of Credit, in an amount equal to 100 percent of the contract price. Letter of Credit shall be held by SMUD until completion of the full warranty period. Letter of Credit shall be provided on the form provided by SMUD, or on other form provided by Contractor that is acceptable to SMUD.

3.23.4 Payment Bond

The Proposer to whom the contract award is made shall furnish SMUD with a Payment Bond in an amount equal to 100 percent of the amount of each Public Works Task Release of $25,000 or more, on the form provided by SMUD, executed as surety by a corporation authorized to transact Surety insurance in the State of California as evidenced by approval of the State of California Department of Insurance.

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4. SUPPLIER EDUCATION & ECONOMIC DEVELOPMENT (SEED)

PROGRAM

4.1. INTRODUCTION

The Sacramento Municipal Utility District (SMUD) is committed to achieving full and equal contracting opportunity for customers doing business with SMUD. SMUD recognizes the economic benefit provided by its contracting activity and has adopted this policy to promote the economic development of its customer businesses. This program will provide direct economic benefit to SMUD’s customer-owners and will complement other SMUD economic development programs.

4.2. OVERVIEW

SMUD’s SEED Program creates contracting opportunities for local small businesses. To qualify, a business must be certified as a Small Business or Microbusiness by the California Department of General Services (DGS) and must be a SMUD customer for the past six months at the DGS certification address of record. Additional features are described below.

4.3. PROGRAM GOALS AND INCENTIVES

SMUD promotes a goal of 20% SEED participation in SMUD contracts. To achieve this, SMUD has established the following program incentives:

4.3.1 SEED Price Advantage- SEED qualified bidders will receive a price advantage which is 5% of the lowest responsible bid as determined by SMUD. This amount will be subtracted from all SEED qualified bids for evaluation purposes. The maximum SEED price advantage is $250,000, which is 5% of a bid of $5,000,000.

4.3.2 RFP SEED Evaluation Points- Request for Proposal (RFP) solicitations are evaluated using published criteria and are evaluated on a 100-point scale. Ten evaluation points are awarded to SEED qualified prime Proposers. Non- SEED prime Proposers may earn up to 10 evaluation points for proposing 20% or more SEED subcontracting. Proposals with less than 20% SEED subcontracting will be awarded a pro-rata share of these points for the percentage of proposed SEED subcontracting.

4.3.3 SEED Subcontracting- Non- SEED bidders may participate in the SEED program by subcontracting with SEED vendors. SMUD currently promotes a goal of 20% SEED subcontracting.

Need help locating a SEED Subcontractor?

Go to www.smud.org/SEED.

4.3.4 Non- SEED bidders proposing less than 20% SEED subcontracting will receive a price advantage of 5% of the total value of all its SEED subcontracting bids. This advantage is

4-2 capped at $250,000 but will not exceed the calculated price advantage available to SEED primes if it is less.

4.3.5 Non-SEED bidders proposing 20% SEED subcontracting or more will receive the full-calculated price advantage available to SEED prime bidders.

4.3.6 To receive SEED subcontracting credit, non-SEED bidders and Proposers must submit SMUD’s “Designation of Prime, Subcontractors, and Suppliers Form” (Form attached as a separate document) and must list the SEED subcontractors they propose to utilize. In addition, prime bidders and Proposers are responsible for completing a SEED Program Small Business Declaration form for each SEED-qualified vendor listed.

4.3.7 “Subcontractor” refers to firms named in a proposal and listed on the “Designation of Prime, Subcontractors, and Suppliers Form”, who will perform specific tasks of the contracted work. For SMUD construction contracts the definition of Subcontractor as prescribed by the Public Contract Code shall apply. For all other SMUD contracts, a Subcontractor is defined as an individual or firm providing supplies or services to the Proposer, which are specific to a SMUD solicitation, and provided under a separate contract agreement with the Proposer and having no employment relationship with the Proposer. As such, payments made by the Proposer to subcontractor individuals must not be subject to payroll withholding taxes. SEED subcontractors must fulfill a commercially useful function. Business arrangements where SEED subcontractors do not add substantial, identifiable value to the deliverable product or service are not acceptable.

4.3.8 In consideration of the price and evaluation points provided for SEED subcontracting, the Proposer, upon contract award, will be legally obligated to subcontract with all firms listed on the “Designation of Prime, Subcontractors, and Suppliers” form in the proposal. SMUD, at its option, will monitor the utilization of subcontractors as declared by the prime contractor in its proposal.

4.3.9 Substitution of any subcontractor requires prior written approval from SMUD. If the winning bidder or Proposer received SEED subcontractor price advantage(s) or evaluation points, SMUD, at its option, may require the Proposer to replace the rejected SEED subcontractor with another qualified SEED subcontractor.

4.4. SEED PROGRAM QUALIFICATION

Vendors must meet both of the following qualifications to participate in the SEED Program:

4.4.1 Certification- DGS, Office of Small Business and DVBE, certification must certify the vendor as a Small Business, Microbusiness, or Small Business Public Works. This is the only certification accepted by SMUD. Vendors must be certified by the bid-opening date (IFBs, BRs) or proposal due date (RFPs, RFQs) as applicable, to qualify for the SEED Program.

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4.4.2 Customer Qualification- the vendor must qualify as a SMUD customer for the preceding six months prior to the bid or proposal due date. The physical address of the business as recorded by the DGS in its Small Business Certification must be located in SMUD territory.

If the address shown on the Small Business certificate is a post office box, a mailbox at a private mailbox business, or a leased facility, the vendor must be able to demonstrate, to SMUD’s satisfaction, that the vendor is also a SMUD customer.

4.5. CONTRACT COMPLIANCE

SMUD may conduct post-award monitoring of any contract, which includes SEED participation.

Contractors are required to maintain certified payroll reports by the contractor and all subcontractors, regardless of contract amount. SMUD may require the contractor to provide other related documentation to verify SEED participation equal to or greater than the participation levels stated at the time of award.

4.6. FALSIFICATION OF INFORMATION

Falsification of information on the forms required by this solicitation may cause SMUD to cancel any existing contracts with the Proposer/vendor and may disqualify the vendor from contracting with SMUD in the future.

A firm claiming SEED/customer status under false pretenses will be disqualified from doing business with SMUD for a period of not less than one year and not more than five years unless SMUD's CEO & General Manager determines that the offending firm should be permanently barred from bidding on a SMUD contract. False pretenses include designating SEED subcontractors for scopes of work that they will not fully perform, using SEED firms as a “pass-through” to inflate actual participation, or any other action that subverts SMUD’s intended benefits to SEED participation. SMUD may seek all legal remedies available under the law against such Proposers.

4.7. ADDITIONAL INFORMATION

SMUD’s Supplier Education and Economic Development Department is responsible for the administration of the SEED Program. The Supplier Education and Economic Development Department is available during regular SMUD business hours, to provide all SEED Program participants with additional information resources to encourage participation in the SEED Program. In addition, SMUD publishes current procurement opportunities and program information on its Internet website at www.smud.org/en/Corporate/Do-Business-with-SMUD.

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5. PROPOSAL EVALUATION CRITERIA

PROPOSAL EVALUATION CRITERIA: The proposals submitted in response to this RFPs shall be evaluated for award based on the following criteria and weighting. If applicable the price will be adjusted for evaluation purposes in accordance with the SEED Program price advantages described in the Supplier Education & Economic Development (SEED) Program section of this

RFP.

Item Criteria Description Weighting

1. Pass/Fail Requirements*** Pass/Fail

2. SEED Program Evaluation Points 10%

3. Environmental Sustainability 5%

4. Proposer's Experience and Qualifications 25%

5. Experience and Qualifications of Key Project Personnel 10%

6. Proposer's Ability to Respond to SMUD's Needs 10%

7. Technical Approach 10%

8. Commercial Terms (Price)*and Compliance with SMUD Contractual Terms** 30%

Total 100%

*** Proposal must achieve a Passing score on Evaluation Criteria 1 above to be declared responsible

* More weight has been given to the management and technical ability of the Proposer than on price. In the event it is evident that the prices proposed are unbalanced as to items charged or are otherwise determined by SMUD to be unfair or unreasonable, SMUD reserves the right to reject the proposal and award to the Proposer who otherwise meets the requirements of this RFP.

** Non-compliance may result in SMUD’s rejection of a Proposer’s proposal.

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6. PROPOSAL REQUIREMENTS

TO FACILITATE SMUD’S PROPOSAL REVIEW PROCESS, IT IS REQUIRED THAT

EACH PROPOSAL CONTAINS ALL OF THE INFORMATION WITHIN THIS

SECTION AND IS ORGANIZED IN THE SEQUENCE THAT THE ITEMS APPEAR IN

THIS SECTION.

SEE THE TABLE OF CONTENTS FOR A LISTING OF THE CONTENTS WITHIN THIS

SECTION.

SMUD will provide an electronic copy of the proposal forms in MS Word which contains fill-in fields. Proposers may use the forms provided to submit Proposals. Please provide responses to all questions in the block (fill-in fields) following every question. The fill-in fields will expand to accommodate your answer. Pictures, charts and graphs may also be inserted into the fill-in fields or may be attached as separate documents if necessary

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6.1. PROPOSAL AGREEMENT

PROPOSAL AGREEMENT: In compliance with Request for Proposal No. PRC00001030.GH, Crane Services, the undersigned hereby proposes and agrees to provide the services described, at the rates and dollar limits defined in the Bid Schedule attached hereto.

It is understood that this proposal constitutes a firm offer that cannot be withdrawn for ninety (90) calendar days after the submission date for the proposals.

The undersigned certifies that he/she has examined and is familiar with the content of this RFP;

also that he/she has checked all the figures shown in the proposed Bid Schedule and other attachments hereto and understands that the Sacramento Municipal Utility District will not be responsible for any errors or omissions on Contractor's part in preparing this proposal.

If awarded the contract, the undersigned hereby agrees to execute a contract and furnish the necessary bonds and other documents specified in the Instructions to Proposers within the time set forth herein.

The undersigned further agrees, if awarded the contract, that he/she will commence the work within the time set forth and will perform the work in accordance with the contract documents attached to this RFP.

Attached hereto and made a part thereof by this reference are proposal forms pages 6-3 through 6- 12, the Detailed Proposal, and the Bid Schedule.

(There is, if required by the Instructions To Proposers, enclosed herewith a Bid Bond or Certified or Cashier’s Check payable to SMUD in the amount of 10 percent of the total amount of the proposal which shall be and remain the property of said SMUD in event of failure of the successful Proposer to execute the necessary contract and furnish the required bonds within 15 days after the form of agreement and bonds have been supplied to him.)

PROPOSER:

Company:

Street Address:

City: State: Zip:

Signed:

Print Name:

Title:

Telephone: Fax:

Email: Date:

Dun & Bradstreet DUNS Number:

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6.2. SAFETY COMPLIANCE CERTIFICATE

I, the undersigned, (Print Company Representative Name) of (Print Company Representative Title) hereby certify the (Print Company Name) information contained herein and that undersigned is duly authorized to certify that:

A. Contractor has an effective Injury and Illness Prevention Program which meets the requirements of all applicable laws and regulations, including, but not limited to, California Labor Code Section 6401.7. (This section does not apply if Contractor does not perform any work under this agreement within the State of California.) and http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=6401.7&law Code=LAB

B. Contractor has a written Code of Safe Practices, which relates to the contractor’s operation in accordance with Title 8, California Code of Regulations (CCR), Section 1509, Construction Safety Orders.

C. Contractor has a written plan for employee emergency medical services in accordance with Title 8, California Code of Regulations (CCR), Section 1512, Construction Safety Orders.

D. Within the last three years, has your company ever been cited for a violation of any Federal, state, regional or local OSHA or environmental laws, rules, regulations or ordinances?

NO YES (If yes, attach details) E. Contractor agrees that it is fully responsible for the acts and omissions of its subcontractors and all persons either directly or indirectly employed by Contractor.

F. The above-named person has the authority and responsibility for implementing and administering Contractor’s Injury and Illness Prevention Program.

IN WITNESS WHEREOF, the undersigned has executed this Safety Compliance Certificate under the penalty of perjury of the laws of the State of California on:

Signed:

Print Name:

Date:

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6.3. IN-USE OFF-ROAD DIESEL FUELED FLEET REQUIREMENT

Contracts awarded on or after January 1, 2024, will be subject to the amended California Air Resources Board (CARB) requirements pursuant to California Code of Regulations, Title 13, Chapter 9, Article 4.8, sections 2449 et seq (Amended CARB Requirements).

- For projects involving the use of vehicles subject to the regulation prime contractor must have a valid Certificate of Reported Compliance and must obtain valid Certificates of Reported Compliance for all listed subcontractors operating vehicles subject to the regulations, as described in sections 2449(i) and 2449(j)

- Copies of the certificates must be provided to SMUD prior to the award of the contract.

- The Certificates of Reported Compliance of prime contractor and its subcontractors must be retained for three years after final completion.

This requirement is subject to compliance monitoring and enforcement by CARB.

Will Proposer’s fleet or Proposer’s listed subcontractor(s) fleet subject to the Amended CARB Requirements be used in the performance of the scope of this solicitation?

NO

YES (Proposer to submit valid Certificate of Reported Compliance with Proposer’s proposal for its fleet and any of its listed subcontractor’s fleet.)

PROPOSER:

Company:

Signed:

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6.4. NON-COLLUSION DECLARATION

TO BE EXECUTED BY PROPOSER AND SUBMITTED WITH PROPOSAL

I, hereby declare (Printed Name) that I am the

(Title) of (Name of Proposer) submitting this Proposal Agreement; that I am duly authorized to execute this Proposal Agreement on behalf of Proposer; and that all information set forth in this Proposal Agreement and all attachments hereto are, to the best of my knowledge, true, accurate, and complete as of its submission date.

I further declare that this proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any other proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

I declare, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct and that this declaration was executed at (Name of City if within a City, otherwise Name of County in the State of on

(State) (Date)

(Signature)

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6.5. PUBLIC RECORD INDEMNITY AGREEMENT

(“Proposer”) shall indemnify, defend and hold SMUD, (Print Company Name) its directors, officers, agents, and employees (collectively, “Indemnitees”) harmless against all claims or causes of action brought against Indemnitees seeking to cause the release or disclosure of Proposer’s Proposal and related materials submitted to Indemnitees in response to SMUD Request For Proposal No. PRC00001030.GH Crane Services.

In the event Proposer fails or refuses to indemnify or defend Indemnitees upon a timely request as provided hereunder, Proposer shall unconditionally waive all claims against, completely release and forever discharge Indemnitees from any and all claims, damage, loss, expense and liability Proposer may incur arising from or in any way connected to Indemnitees release of Proposer’s Proposal and materials related thereto.

It is agreed that in the event of any litigation arising hereunder, the Proposer at the request of SMUD shall submit to the jurisdiction of any court of competent jurisdiction within the State of California and will comply with all requirements necessary to give such Court jurisdiction, and that all matters arising hereunder shall be determined in accordance with the law and practice of such court. It is further agreed that service of process in any such litigation may be made in the manner provided for in Section 415.40 of the California Code of Civil Procedure or in any other manner provided for in said code for service upon a person outside the State of California.

ACCEPTED FOR PROPOSER

Company:

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6.6. PROMPT PAYMENT PROGRAM

SMUD has a prompt payment program for small businesses which are certified by the State Department of General Services.

Under the program, SMUD will guarantee payment of invoices within 20 calendar days from the date of inspection and acceptance by SMUD or the date correct invoices are received, whichever is later.

If SMUD fails to meet the 20 calendar days payment guarantee, the small business will be paid interest on the unpaid invoice at prime plus 2% APR. Late interest payments, if applicable, will be made without an additional invoice from the small business.

To participate in this program, please indicate “prompt payment” below and provide evidence of certification with your bid.

Bidder is eligible for, and is requesting, a prompt payment program:

YES NO

PROPOSER:

Company:

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6.7. SEED PROGRAM SMALL BUSINESS DECLARATION

Complete this form to apply for SEED Program consideration. To qualify for the SEED Program, a firm must have a current Certification ID as a Small Business from the California Department of General Services (DGS). In addition, the firm must qualify as a SMUD customer for the preceding six months by receiving SMUD electric service at the principal office* listed by the DGS. If your firm or one of your proposed subcontractors qualifies under these criteria, SMUD will validate all submitted information and determine the proposing firm’s SEED Program qualification.

To expedite the verification process:

1) Submit a copy of the most recent SMUD statement for the principal office shown on your

DGS Small Business application

OR

2) If the firm leases its principal space from a property management company or a landlord and the SMUD utilities are included in the lease, please initial in the blank space provided above and attach a copy of the current lease showing the dates of occupancy, principal office of property and signatures of both parties

AND

Provide the DGS Small Business Certification ID in the space provided below.

Proposed SEED firm:

Contact Name:

Title:

Phone Number:

DGS Small Business Certification ID

I hereby certify that this firm qualifies for the SEED Program as defined above. This firm has been certified as a Small Business by DGS.

I hereby swear that I am duly authorized to legally act on behalf of the above-named company.

Signed:

Print Name:

Title:

Date:

I…