Blank_Bid_Forms_-_C1546024.pdf
PDF 1 MB Posted
- Solicitation number
- 0000000121
- Issued by
- Orange County, Cedar Ridge CDP, California
About this file
This document is a bid package for the Huntington Beach Electrical Pedestal Repairs project issued by the California Department of Parks and Recreation (DPR), Orange Coast District. The project requires the removal and replacement of approximately 14 square feet of concrete, installation of electrical conduit and wiring, installation of a new pedestal, and energizing the lights at Restroom #3 location at Huntington State Beach. A mandatory pre-bid walkthrough is required due to the nature of the project. Bids are due on February 10, 2016 at 2:00 PM. The contract term is 120 calendar days from the date of the written notice to commence work, which includes 10 days for the contractor to begin work.
The bid package includes unit pricing for items such as mobilization, concrete removal and replacement, conduit and pull box installation, pedestal installation, wiring and lighting, debris removal, and labor. Disabled Veteran Business Enterprise (DVBE) participation is mandatory for this bid, requiring a minimum 6% participation. A Small Business Preference is also available. The state reserves the right to waive any irregularities in the bids or reject any or all bids.
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Text version
State of California • Natural Resources Agency Edmund G. Brown Jr., Governor
DEPARTMENT OF PARKS AND RECREATION Lisa Ann L. Mangat, Director Orange Coast District 3030 Avenida Del Presidente San Clemente, CA 92672
C1546024 - Bid Document Checklist
IMPORTANT: Bids missing any of the following documents / information will be regarded as non-responsive and therefore rejected. If any line items are not applicable or have no cost, they must be marked accordingly (e.g. $0.00) instead of being left blank. If any of the documents are not applicable, return documents marked “N/A.” You may use this Checklist to check for Bid responsiveness. Bid documents must be signed wet ink and returned in duplicate in a sealed envelope.
Note: Payment Bond, Performance Bond, and Certificates of Insurance will be required after the award of contract. Reference Exhibit D Attachment 2, sections 1.03 and 1.04.
THE RETURN ENVELOPE FOR YOUR BID SHOULD LOOK LIKE THIS:
Public Works Bid Form (DPR 482B) and subsequent attachments (Exhibit B, Attachment 1) (2 pages) – Mandatory
CA DVBE Program Requirements Documentation – DVBE Checklist (DPR 479IP) (1 page), Bidder’s DVBE Participation (DPR 486) (1 page), Disabled Veteran Business Enterprises Declarations (STD 843) (1 page)
**DVBE Participation is Mandatory for the Purpose of this Bid**
Small Business Preference (DPR 85) (1 page) – If not applicable, mark “N/A.”
Darfur Contracting Act Certification (DPR 74) (1 page) – If not applicable, mark “N/A.”
Non-Collusion Affidavit (DPR 837) (1 page) – Mandatory
Contractor’s Certification Clauses (CCC-307) (4 pages) – Mandatory
YOUR RETURN ADDRESS
(REQUIRED)
BID – CONFIDENTIAL
Orange Coast District C1546024 – Huntington Beach Electrical Pedestal Repairs February 10, 2016 @ 2:00 PM
Department of Parks and Recreation Attn: Contract Services
3030 Avenida Del Presidente San Clemente, CA 92672
14:00 2/10/2016
Nondiscrimination Compliance Statement: The prospective contractor's signature affixed hereon and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the bidder has, unless exempted, complied with the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Code of Regulations, Section 8103.
Verification: By signing this Bid Form, the bidder assures the state that it has not been convicted of violating a state or federal law regarding the employment of undocumented aliens, in the preceding five years.
The prospective contractor's signature affixed hereon and dated shall constitute a certification that the representations made by the prospective contract in the bid are made under penalty of perjury under the laws of the State of California.
Important: Pursuant to Title 2, California Code of Regulations, Section 8103 and Business and Professions Code Section 7028.15, no bid will be considered unless it contains the certifications and license information requested on this form. The State reserves the right to waive any irregularity in any bid or to reject any or all bids.
LICENSE NO.
DPR 482B (Rev. 10/2003)(Excel 10/15/2003)
Huntington State Beach: 21601 Pacific Coast Hwy, Huntington Beach, Orange County, CA 92646
PROJECT NAME
Huntington Beach Electrical Pedestal Repairs
KIND OF WORK NAME AND ADDRESS
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PUBLIC WORKS BID FORM
PROJECT LOCATION
STATUS OF BUSINESS (Check appropriate box.)
Individual.
Corporation. State in which incorporated:
Partnership. Full names of partners:
Listed hereinafter are the names, addresses and contractor's license numbers of all subcontractors who will perform work or labor or render services in an amount in excess of one-half of one percent of the general contractor's total bid if this bid is accepted and the portion of the work that each will perform. Material vendors are not included.
FAX NO.
BY (Authorized Signature)
CITY/STATE/ZIP CODE
PRINTED NAME AND TITLE OF PERSON SIGNING
CONTRACTOR/BIDDER FIRM NAME (Printed)
ADDRESS
LICENSE CLASSIFICATION
DATE
BID DATE BID TIME
CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed above. This certification is made under the laws of the State of California. I understand that failure to submit the Public Works Bid Form without the appropriate bidder signature will result in rejection of the bid.
LICENSE EXPIRATION DATE LICENSE NO.
Exhibit B, Attachment 1
PHONE NO.
Agreement Number: C1546024 Exhibit B Attachment 1
Agreement Number: C1546024 Exhibit B Attachment 1
STATE OF CALIFORNIA · DEPARTMENT OF PARKS AND RECREATION
Orange Coast District
BID FORM
EXHIBIT B - ATTACHMENT 1
Contractor hereby agrees to furnish all materials, tools, equipment and labor necessary to remove and replace approximately 14 square feet of concrete, install electrical conduit and wiring, install pedestal and energize lights at Restroom #3 location. Dispose of any materials legally off of State property.
Because of the nature of this project all square footages, dimensions and locations of areas are approximate; therefore, a pre-bid walk-through by all bidding contractors is mandatory.
CONTRACTOR’S NAME (Please Print): CONTRACT NO.
C1546024
ITEM
NO.
ESTIMATED
QUANTITY
UNIT OF
MEASURE ITEM UNIT PRICE
(In Figures)
TOTAL
(In Figures)
1 Lump Sum LS Mobilization / Site Supervision
2 Lump Sum LS Remove 14 square feet of concrete and replace with new
3 Lump Sum LS Install conduit and pull box
4 Lump Sum LS Install electrical pedestal
5 Lump Sum LS Pull all wiring, connect wiring to energize lighting
6 Lump Sum LS Removal and haul off debris
7 Lump Sum LS Labor
8 Lump Sum LS Other costs breakdown not included above but required
(1) THE ABOVE QUANTITIES ARE ESTIMATES ONLY AND ARE GIVEN AS A BASIS FOR COMPARISON OF BIDS.
NO GUARANTEE IS MADE OR IMPLIED AS TO THE EXACT QUANTITY THAT WILL BE NEEDED. (2) IN CASE OF DISCREPANCY BETWEEN THE UNIT PRICE AND THE TOTAL SET FORTH FOR A UNIT BASIS ITEM, THE UNIT
PRICE SHALL PREVAIL.
TOTAL THIS
SHEET
GRAND TOTAL
FOR LABOR
Base Lump Sum Bid: $________________________________________
Base Lump Sum Bid Written: ___________________________________________________________
The bidder agrees to complete all work within one hundred twenty (120) calendar days from the date of written notice to commence work. This time includes ten (10) calendar days allowed for the contractor to begin work.
DPR 74 (Rev. 9/2010)(Excel 9/2/2010)
FOR DEPARTMENT USE ONLY
C1546024
State of California - Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
DARFUR CONTRACTING ACT CERTIFICATION
Public Contract Code Sections 10475 -10481 applies to any company that currently or within the previous three years has had business activities or other operations outside of the United States. For such a company to bid on or submit a proposal for a State of California contract, the company must certify that it is either a) not a scrutinized company; or b) a scrutinized company that has been granted permission by the Department of General Services to submit a proposal.
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.
AGREEMENT/PAPO NO.
OPTION #1 - CERTIFICATION
If your company, within the previous three years, has had business activities or other operations outside of the United States, in order to be eligible to submit a bid or proposal, please insert your company name and Federal ID Number and complete the certification below.
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that a) the prospective proposer/bidder named below is not a scrutinized company per Public Contract Code 10476; and b) I am duly authorized to legally bind the prospective proposer/bidder named below. This certification is made under the laws of the State of California.
COMPANY/VENDOR NAME (Printed)
BY (Authorized Signature)
PRINTED NAME AND TITLE OF PERSON SIGNING
DATE EXECUTED EXECUTED IN THE COUNTY AND STATE OF
FEDERAL ID NUMBER
OPTION #2 - WRITTEN PERMISSION FROM DGS
Pursuant to Public Contract Code section 10477(b), the Director of the Department of General Services may permit a scrutinized company, on a case-by-case basis, to bid on or submit a proposal for a contract with a state agency for goods or services, if it is in the best interests of the state. If you are a scrutinized company that has obtained written permission from the DGS to submit a bid or proposal, complete the information below.
We are a scrutinized company as defined in Public Contract Code section 10476, but we have received written permission from the Department of General Services to submit a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of the written permission from DGS is included with our bid or proposal.
COMPANY/VENDOR NAME (Printed)
INITIALS OF SUBMITTER
PRINTED NAME AND TITLE OF PERSON INITIALING
FEDERAL ID NUMBER
DPR 486 - Part 2
STD. 843
DPR 479IP (Page 6 of 6)
DPR 486 - Part 1
DISABLED VETERAN BUSINESS ENTERPRISE (DVBE)
DVBE Documentation Checklist
The State of California acknowledges the service and sacrifice of its disabled veterans, in part, through the “Disabled Veteran Business Enterprise (DVBE) Participation Program.” As mandated by law, state agencies have a goal to award at least 3% of their annual contract dollars to certified DVBE’s.
When a firm bids on a state DPR contract that contains DVBE participation, the the dollar amount of the bid must meet the 6% participation requirement set by DPR.
PLEASE NOTE: INCOMPLETE DOCUMENTATION (DPR 486 AND STD. 843) MUST RESULT IN
DISQUALIFICATION FROM FURTHER PARTICIPATION IN THE SELECTION PROCESS FOR THE
CONTRACT.
The following checklist is provided to assist bidders with their DVBE participation documentation:
All DVBE participation is indicated.
The names of each participating DVBE company is listed with the dollar value and applied percentage of the bid.
A copy of the printout from eProcurement system showing the company’s DVBE certification status.
The DVBE participation percentage listed agrees with the dollar value claimed.
Signed “Bidder’s Certification”
A completed and signed STD. 843 is included with the bid for every DVBE (whether prime or sub) included.
DPR 486 (New 1/2010)(Excel 1/26/2010)
COMPANY INFORMATION
C1546016
COMPANY INFORMATION: List the information (Company Name, Contact information) of subcontractor(s) and supplier(s) proposed for DVBE. If prime contractor is a DVBE, the name must be listed for participation.
COMPLETION INSTRUCTIONS
PART 1 — SUMMARY OF DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION
State of California - Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
COMPANY NAME
CONTACT
COMPANY NAME
CONTACT
I hereby certifiy that I have made a diligent effort to ascertain the facts with regard to the representations made herein. In making this certification, I am aware of Section 12650 et seq. of the Government Code providing for the imposition of treble damages for making false claims against the State and Section 10115.10 of the Public Contract Code making it a crime for intentionally making an untrue statement in this certificate.
PART 2 — BIDDER'S CERTIFICATION
BIDDING COMPANY'S NAME
SIGNATURE
DATE
TITLE (e.g. BUSINESS OWNER/CHIEF EXECUTIVE OFFICER, ETC.)
CONTRACTING WITH: Show the name of the department or company with which the company listed is contracting.
PRINT OUT: In order to claim DVBE participation credit, a printout from the eProcurement system showing their supplier ID and the status of their certification must be furnished with the bidder's bid or upon the signing of contract documents. Check mark if a copy of the printout is included.
NATURE OF WORK: Identify the proposed work (or materials or equipment) to be provided.
TIER: Bidder may count toward its participation goal the dollar value of work and supplies to be obtained by its primary subcontractors and suppliers from DVBE firms as second and third level tier subcontractors/suppliers. Contracting tier should be indicated with the following designations:
DVBE company listed for participation.
0 = Prime or Joint Contractor 1 = Primary Subcontractor or Supplier 2 = Subcontractor/Supplier of Level 1 Subcontractor/Supplier 3 = Subcontractor/Supplier of Level 2 Subcontractor/Supplier
DOLLAR VALUE: The dollar amount of the bid to be performed by the listed company’s own forces.
PERCENTAGE OF BID: The percentage of the total bid amount the dollar value represents.
CONTRACTING WITH
PERCENT OF BID
PRINT-
OUT
TIER
NATURE OF WORK
CONTACT PHONE
DOLLAR VALUE
COMPANY NAME
CONTACT
CONTRACTING WITH
PERCENT OF BID
PRINT-
OUT
TIER
NATURE OF WORK
CONTACT PHONE
DOLLAR VALUE
CONTRACTING WITH
PERCENT OF BID
PRINT-
TIER
NATURE OF WORK
CONTACT PHONE
DOLLAR VALUE
COMPANY NAME
CONTACT
CONTRACTING WITH
PERCENT OF BID
PRINT-
TIER
NATURE OF WORK
CONTACT PHONE
DOLLAR VALUE
BIDDER'S DVBE PARTICIPATION
PRINTED NAME
OUT
OUT
SOLICITATION NUMBER
DVBE CERTIFICATION NO.
DVBE CERTIFICATION NO.
DVBE CERTIFICATION NO.
DVBE CERTIFICATION NO.
DVBE CERTIFICATION NO.: Provide the DVBE Certification Number assigned to company.
http://www.documents.dgs.ca.gov/pd/poliproc/STD-843FillPrintFields.pdf http://www.documents.dgs.ca.gov/pd/poliproc/STD-843FillPrintFields.pdf
COMPANY NAME CONTRACTING WITH NATURE OF WORK TIER DOLLAR
VALUE
OF
Total Small Business Subcontractor Dollar Value
Total Amount of Bid
TOTAL % OF BID FOR ALL SMALL BUSINESS SUBCONTRACTORS
DPR 85 (Rev. 6/2011)(Excel 6/6/2011)
COMPLETION INSTRUCTIONS
SMALL BUSINESS PREFERENCE
State of California - Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Certified Small Businesses (SBs) may receive a 5% preference. Non Certified Small Business (SB) contractors may receive a 5% preference by subcontracting a minimum of 25% of the total monetary amount of their bid to Certified Small Businesses.
See the DPR 478, Small Business Notice for more information about the SB Preference.
COMPANY NAME: List the names of the subcontractors and suppliers proposed for the 25% Small Business (SB) subcontractor participation.
CONTRACTING WITH: Enter the name of the company with which the company listed is contracting.
NATURE OF WORK: Identify the proposed work (or materials or equipment) to be provided.
TIER: The Bidder may count toward its 25% Small Business participation goal the dollar value of work and supplies to be obtained by its primary subcontractors and suppliers from SB subcontractor firms as second and third level tier subcontractors/suppliers. Using the following codes, indicate the contracting tier for each SB company listed for participation:
0 = Prime or Joint Contractor 1 = Primary Subcontractor or Supplier 2 = Subcontractor/Supplier of Level 1 Subcontractor/Supplier 3 = Subcontractor/Supplier of Level 2 Subcontractor/Supplier
DOLLAR VALUE: Enter the dollar amount of the bid to be performed by the listed company’s own forces.
PERCENTAGE OF BID: Enter the percentage of the total bid amount the dollar value represents.
PRINTOUT: In order to claim the 25% Small Business participation credit, a printout from the Office of Small Business and DVBE Services eProcurement website for each SB listed.
PRINT-
OUT
DATE CONTRACTOR NAME
PART I
IS CONTRACTOR A CALIFORNIA CERTIFIED SMALL BUSINESS?
YES NO
If Yes, attach Contractor's certification printout from the eProcurement website to this form and stop here.
If No, you still may qualify for the Small Business Preference, complete Part II below.
PART II
SB CERT NO.
SB CERT NUMBER:
SB CERT NUMBER:
SB CERT NUMBER:
SB CERT NUMBER:
State of California - Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID FOR PUBLIC WORKS
STATE OF CALIFORNIA
COUNTY OF
SS
(Name)
DATED: By
(Position title)
(The bidder)
(Person signing for bidder)
Subscribed and sworn to (or affirmed) before me on this___________ day of ___________________, 20_____ , by the
THIS FORM MUST REMAIN WITH THE BID
(Notary Public) (Notarial Seal)
DPR 837 (Rev. 6/2011)(Excel 6/22/2011) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation, that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, 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 bid are true;
and, further, that the bidder has not, directly or indirectly, submitted his or her bid 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.
, being first duly sworn, deposes and says that he or she is person named above, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
CCC-307
CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.
Contractor/Bidder Firm Name (Printed) Federal ID Number
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed in the County of
CONTRACTOR CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 8103) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub.
Contract Code §10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO
REQUIREMENT: Contractor hereby certifies that contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services.
5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of
Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the
State of California.
6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the
Sweatfree Code of Conduct as set forth on the California Department of Industrial
Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor’s compliance with the requirements under paragraph (a).
7. DOMESTIC PARTNERS: For contracts over $100,000 executed or amended after
January 1, 2007, the contractor certifies that contractor is in compliance with Public
Contract Code section 10295.3.
http://www.dir.ca.gov/
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of
California.
1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410):
1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.
2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.
If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420)
Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's
Compensation or to undertake self-insurance in accordance with the provisions, and
Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
4. CONTRACTOR NAME CHANGE: An amendment is required to change the
Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in
California in order to ensure that all obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.
6. RESOLUTION: A county, city, district, or other local public body must provide the
State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.
7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water
Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity.
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| Orange Coast District |
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