CN160001_Forklift_Repair_and_Preventative_Maintenance_IFB.pdf

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Invitation for Bid (IFB)

California Department of Education Nutrition Services Division

Forklift Repair and Preventative Maintenance IFB Number CN160001

Mandatory Site Inspection:

Wednesday, April 13, 2016 at 10:00 a.m.

Bid Due Date: Wednesday, April 20, 2016 at 2:00 p.m.

Public Bid Opening: Monday, April 25, 2016 at 2:00 p.m.

Contract Period: July 1, 2016 through June 30, 2017

One-Year Option to Renew: July 1, 2017 through June 30, 2018 One-Year Option to Renew: July 1, 2018 through June 30, 2019 ii

TABLE OF CONTENTS

GENERAL INFORMATION

I. Purpose II. Eligible Bidders III. IFB Documents IV. Bid Documents as Public Record V. Mandatory Site Inspection VI. Bid Submission VII. IFB Schedule VIII Disabled Veteran Business Enterprise (DVBE) Participation Goals IX. DVBE Incentive Option X. Target Area Contract Preference (TACPA) XI. Subcontracting XII. Basis of Award XIII. Options to Renew XIV. Contract Award Protest Procedures

EXHIBIT A – SCOPE OF WORK

EXHIBIT B – BUDGET DETAIL AND PAYMENT PROVISIONS

I. Invoicing and Payment II. Budget Contingency Clause III. Payment

EXHIBIT B.1 – CONTRACTOR’S BID FORM

EXHIBIT B.2 – CONTRACTOR’S BID FORM

EXHIBIT B.3 – CONTRACTOR’S BID FORM

EXHIBIT C – GENERAL TERMS AND CONDITIONS

EXHIBIT D – SPECIAL TERMS AND CONDITIONS

I. Resolution of Disputes II. Loss Leader

EXHIBIT E – ADDITIONAL PROVISIONS

I. Right to Terminate II. Certificate of Insurance Requirements III. Workers’ Compensation IV. Amendments V. Options to Renew

ATTACHED FORMS

Attachment 1 – Small Business Preference Sheet Attachment 2 – Contractor Certification Clauses (CCC-307) Attachment 3 – Protest Procedures for IFBs Attachment 4 – Payee Data Record (Std. 204) Attachment 5 – Certification of Workers’ Compensation Insurance Attachment 6 – Darfur Contracting Act Certification Attachment 7 – Darfur Contracting Act Certification Supplemental Attachment 8 – Bidder Certification Attachment 9 – Required Attachment Checklist

CN160001

GENERAL INFORMATION

I. PURPOSE:

The California Department of Education (hereinafter referred to as CDE) is soliciting bids from potential bidders to provide forklift repair and preventative maintenance service for the Pomona Distribution Center (PDC) located at 2550 Fulton Road, Pomona, CA, 91767, in accordance with the specifications contained herein this Invitation for Bid (IFB). The contract period is from July 1, 2016 through June 30, 2017. Contract includes two one-year option to renew.

II. ELIGIBLE BIDDERS:

Public or private corporations, agencies, organizations, associations, or individuals may submit a sealed bid in response to this IFB. The bidder must be legally constituted and qualified to do business within the State of California (registered with the California Secretary of State). With the exception of bidders whose legal status precludes incorporation (i.e. public agencies, sole proprietorships, and partnerships), bidders that are not fully incorporated by the deadline for submitting sealed bids will be disqualified.

Bidders who have had a contract terminated with the CDE in the past 18 months will be automatically disqualified.

III. IFB DOCUMENTS:

Any conflicts, omissions or errors in the IFB or questions concerning clarification or interpretation of the IFB, shall be brought to the attention of Anthony Neves, ANeves@cde.ca.gov, 916-322-1188. The CDE reserves the right to rephrase or not answer any question submitted.

The CDE reserves the right to amend or modify the IFB document prior to the final bid submittal date identified herein by issuing an addendum to all parties. The CDE will not be bound by verbal representations or interpretations.

The CDE reserves the right to cancel or modify this IFB, in whole or in part, prior to the award of any contract. The CDE may waive any immaterial deviation or defect in a bid proposal. The CDE’s waiver of a deviation or defect shall in no way modify the IFB documents or excuse the contractor from full compliance with the IFB specifications if awarded the contract.

If you would like to request a copy of this IFB in an alternate format, including Word, please contact Laurie Oineza, Contract Analyst, by phone at 916-445-6804 or by e-mail at LOineza@cde.ca.gov.

IV. BID DOCUMENTS AS PUBLIC RECORD:

All bids and related documents submitted in response to this IFB become the property of the State of California and are considered public record subject to disclosure upon request, mailto:ANeves@cde.ca.gov mailto:LOineza@cde.ca.gov pursuant to Government Code Section 6250 et seq. All contracts and all attachments will become public record.

V. MANDATORY SITE INSPECTION

A mandatory site inspection is scheduled for Wednesday, April 13, 2016 at 10:00 a.m.

at 2550 Fulton Road, Pomona, CA 91767.

Attendees must arrive on time. Attendees more than 10 minutes late to the Mandatory Site Inspection will not be allowed to participate. Attendees must report to the Front Lobby.

Please bring a copy of the IFB with you to the Mandatory Site Inspection.

Note: Bids from contractors who do not attend the mandatory site inspection will be rejected and returned unopened.

VI. BID SUBMISSION:

Each bidder shall submit to the CDE a sealed bid meeting the specifications described in this IFB.

Bidders are required to return two copies of their bid;

1. One (1) set of bid documents which must bear the original signature of the individual authorized to do so, and

2. One (1) copy of the bid documents.

The bid shall be returned in a sealed envelope marked “SEALED BID – FORKLIFT REPAIR AND PREVENTATIVE MAINTENANCE – DO NOT OPEN.” To prevent premature opening, place sealed bid envelope within an envelope addressed as follows:

Attn: Contracts Office- Laurie Oineza

1430 N Street, Suite 1802 Sacramento, CA 95814

SEALED BID – FORKLIFT REPAIR AND PREVENTATIVE MAINTENANCE – DO NOT OPEN

The deadline for submission of sealed bids is Wednesday, April 20, 2016 at 2:00 p.m.

The bids will be publicly opened and read on Monday, April 25, 2016 at 2:00 p.m. at Personnel Services Division, 1430 N Street, Suite 1506, Sacramento, CA 95814.

In a closed session, following the bid opening and reading, the CDE will review the apparent low bid to determine if the low bidder is responsible and responsive to the IFB.

Bids not received at the location by the date and time specified will not be accepted.

Postmark date will not constitute delivery. It is the bidder's responsibility to ensure that the bid is received at the location specified by the bid deadline.

By submitting a bid, prospective bidders certify that they meet all qualifications specified herein and agree to comply with all terms and conditions of this IFB. After announcement of the apparent successful bidder, there will be no negotiations of the terms and conditions of this IFB or the bidder's submitted proposal between the CDE and the apparent successful bidder.

Bids shall not be qualified. Any bid response modifying the conditions of the IFB will be rejected. Bids submitted must be complete in all respects and may be rejected if incomplete or contain irregularities of any kind.

There is no requirement to award a contract if, in the opinion of the CDE, no bids were received containing a reasonable contract price or if there is another business-based reason not to make an award.

If no bids are received containing bids offering a cost/price/rate, which in the opinion of the CDE is a reasonable cost/price/rate, the CDE is not required to award a contract (Public Contract Code 10344[d]).

Every component of the bid is subject to reasonableness of cost justification. If any portion of the cost is reject by the CDE, then the entire bid may be rejected.

Bidders must be responsible and have the capability to professionally carry out the terms of this contract. Those bidders who have had a contract terminated with the CDE in the past 18 months will be disqualified and will not be considered in the award process.

The State does not accept alternate contract language from a prospective contractor. A bid with such language will be considered a counter proposal and will be rejected.

The cost of bid development is the responsibility of the prospective bidder and shall not be chargeable to the CDE.

A bidder may withdraw its bid at any time prior to the date and time of bid opening by submitting a request in writing. A new bid package may be submitted prior to the date and time of bid opening. Written withdrawal of bidder’s bid will not be accepted after the date and time of bid opening. Withdrawals requested by telephone or fax are not acceptable.

Clarification may be requested by the Contracts Office during the review of the bids for the purpose of clarifying ambiguities in the information presented in the bid response. The CDE reserves the right, at its sole discretion, to overlook, correct, or require a bidder to remedy any obvious clerical or incidental mathematical errors on a bid form. Bidders may be required to initial corrections.

Any failure by the bidder to acquaint itself with available information will not relieve them from responsibility for estimating properly, the difficulty, or cost of successfully performing the work.

The bid package must include the following required forms:

Exhibit B.1 - Contractor's Bid Form must be completed and submitted with an original signature by the individual legally authorized to bind the bidder. Proposal form must contain the proposed bid cost for Total Cost.

Exhibit B.2 - Contractor's Bid Form must be completed and submitted with an original signature by the individual legally authorized to bind the bidder. Proposal form must contain the proposed bid cost for Total Cost.

Exhibit B.3 - Contractor's Bid Form must be completed and submitted with an original signature by the individual legally authorized to bind the bidder. Proposal form must contain the proposed bid cost for Total Cost.

Bidder Declaration Form (GSPD-02-105) must be completed and submitted with original signature if the bidder intends to subcontract any portion of the work outlined in Exhibit A, Scope of Work. This form can be found at:

http://www.documents.dgs.ca.gov/pd/poliproc/MASTER-BidDeclar08-09.pdf (Outside Source)

Insurance: The bidder must possess and provide a copy of the insurance certificates outlined in Exhibit E, Article II and III. Proof of coverage and limits are required in the bid package. Additional insured language will be required as a condition of contract award.

Attachment 1 – Small Business Preference Sheet must be completed. For the small business preference to be applied, the Contractor must submit a certification print out from the OSDS website.

The California State Department of Office of Small Business and DVBE Services (OSDS) certified small business bidders shall be granted a preference consisting of five percent (5%) of the lowest responsive/responsible bid submitted by a bidder who is not certified by the OSDS as a small business. If you are an OSDS certified small business and are claiming the preference, you must submit a print out from the OSDS website with your bid response. Failure to submit a copy of your OSDS print out for the industry appropriate for this bid will not be cause for bid rejection; however, preference for small business will not be considered or granted for your bid.

Attachment 2 – Contractor Certification Clauses (CCC-307) must be signed and dated with an original signature.

Attachment 4 – Payee Data Record (Std. 204) must be fully completed and dated with an original signature.

Attachment 5 – Certification of Workers’ Compensation Insurance must be signed and dated with an original signature.

Attachment 6 – Darfur Contracting Act Certification OR Attachment 7 – Darfur Contracting Act Certification Supplemental must be signed and dated with an original signature.

http://www.documents.dgs.ca.gov/pd/poliproc/MASTER-BidDeclar08-09.pdf

Attachment 8 – Bidder Certification: Bidder must fill out the certification. Employees must meet the requirements listed in the Bidder Certification.

Attachment 9– Required Attachment Checklist must be fully completed and submitted as the cover of your bid package.

Attachment 10 – Additional Set must be submitted, which includes all required IFB attachments listed above. See section VI. BID SUBMISSION.

VII. IFB SCHEDULE:

Activity Action Date

Invitation for Bid Advertisement April 4, 2016

Mandatory Site Inspection April 13, 2016 at 10:00 am

Bids Due April 20, 2016 at 2:00 pm

Public Bid Opening April 25, 2016 at 2:00 pm

Contract Start date July 1, 2016

VIII. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION GOALS:

Section 10115 et seq. of Public Contract Code, and Section 999 et seq. of the Military and Veterans Code requires a goal of three percent (3%) for Disabled Veteran Business Enterprise (DVBE) participation for all contracts on an agency-wide basis of $25,000.00 and over unless exempted due to the services provided.

CDE WILL NOT require DVBE participation for this contract.

IX. DVBE INCENTIVE OPTION:

In accordance with Section 999.5(a) of the Military and Veterans Code, an incentive will be given to bidders who provide DVBE participation. The incentive amount for awards based on the lowest responsive/responsible bid received will vary in conjunction with the percentage of DVBE participation. The incentive is only given to those bidders who are responsive to the DVBE Program Requirements and DVBE participation in the resulting contract. The following table represents the percentages that will be applied:

Confirmed DVBE Participation of: DVBE Incentive:

100% (prime contractor) 5% Over 3% 4% 3% 3%

In order to receive the incentive all bidders must document DVBE participation commitment by completing and submitting the Bidder Declaration (GSPD-05-105) with the Bid. The GSPD-05-105 can be accessed at:

http://www.documents.dgs.ca.gov/pd/poliproc/MASTER-BidDeclar08-09.pdf (Outside Source). When completing the declaration, bidders must identify all subcontractors proposed for participation in the contract.

X. TARGET AREA CONTRACT PREFRENCE (TACPA)

Preference will be granted to California-based Contractors in accordance with Government Code Section 4530 whenever contract for goods and services are in excess of $100,000 and the Contractor meets certain requirements as defined in the California Code (Title 2, Section 1896.30) regarding labor needed to produce the goods or provide the services being procured. Bidders desiring to claim Target Area Contract Preferences Act shall complete Std. Form 830 and submit it with the bid package. Refer to the following website link to obtain the appropriate form:

http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf

Bidders desiring to claim this preference must review the instructions and complete the appropriate form.

XI. SUBCONTRACTING:

If any portion of the work outlined in Exhibit A, Scope of Work, is to be subcontracted out, or performed by anyone other than the bidder, a Bidder Declaration Form (GSPD-05-105) must be completed and submitted as part of the bid submission. The Bidder Declaration Form must bear the original signature of the person authorized to bind the bidder.

This form can be found at: http://www.documents.dgs.ca.gov/pd/poliproc/MASTER- BidDeclar08-09.pdf (Outside Source)

XII. BASIS OF AWARD:

In the closed session, following the bid opening and reading, the CDE will review the apparent low bid to determine if the low bidder is responsible and responsive to the IFB.

The contract shall be awarded on the basis of the responsive / responsible bidder submitting the lowest average “Total Cost”.

The contract shall be awarded on the basis of the responsive/responsible bidder submitting the lowest average Total Cost for forklift repair and preventative maintenance services stated on the Contractor’s Bid Forms, Exhibit B.1, B.2, and B.3. The lowest average Total Cost will be computed by adding the Total Cost from each of the three bid forms (Exhibit B.1, B.2 and B.3) and then dividing the amount by three.

Charges for the contractor’s operating expenses such as: transportation, fuel, parking, equipment, taxes, permits, licenses, insurance and/or any other overhead expenses must be included as part of the bidder’s rates.

All bid responses must comply with the requirements outlined below. Failure to do so will disqualify the bid. If it is determined not to be in the best interest of the State, the State reserves the right to not award a contract in response to this IFB.

THE STATE RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS.

http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf

The method that shall be used as a "tie-breaker" in the event of a two-way (or more) tie of the responsive/responsible lowest bid will be to place the names of the bidders in a container. The first name drawn will be the proposed awardee. The remaining bidder(s) name(s) will be drawn sequentially and noted in case, upon validation, the proposed awardee selected through the tie-breaking process is unacceptable.

Small business bidders, meeting the IFB specifications, shall have precedence over non-small business bidders in that the application of any bidder preference for which non-small business bidders may be eligible under any other provision of law shall not result in the denial of the award to a small business bidder.

In the event of a precise tie between the low responsible bid of bidder meeting the specifications of a small business, and the low responsible bid of a bidder meeting the specifications of a disabled veteran-owned small business, the contract shall be awarded to the veteran-owned small business.

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 offices of the contracting agency at least five working days prior to awarding the contract.

XIII. OPTIONS TO RENEW:

This contract will expire on JUNE 30, 2017; however, the CDE may exercise the option to renew the contract for two additional one-year agreements.

Costs for the first one-year option to renew (JULY 1, 2017 through JUNE 30, 2018) shall be computed in accordance with the Contractor’s Bid Form, contract period JULY 1, 2017 through JUNE 30, 2018. If the State elects to renew the agreement with the contractor, the Contract Monitor will notify the contractor of the option to renew in JANUARY 2017.

Costs for the second one-year option to renew (JULY 1, 2018 through JUNE 30, 2019) shall be computed in accordance with the Contractor’s Bid Form, contract period JULY 1, 2018 through JUNE 30, 2019. If the State elects to renew the agreement with the contractor, the Contract Monitor will notify the contractor of the option to renew in

JANUARY 2018.

XIV. CONTRACT AWARD PROTEST PROCEDURES:

If prior to the award, any bidder files a protest with the agency against the awarding of the contract on the grounds that it is the lowest responsive/responsible bidder meeting the specifications of the Invitation for Bid, the contract shall not be awarded until either the protest has been withdrawn or the Department of General Services (DGS) has decided the matter. Protests shall be limited to those bases specified in Public Contract Code section 10345 (Attachment 3 describes the protest procedures to be followed by a bidder filing a protest). The protest shall be sent to:

Department of General Services California Department of Education Office of Legal Services Contracts Office ATTN: Protest Coordinator ATTN: Sueshil Chandra, Contract Officer 707 3rd Street 1430 N Street, Suite 1802 West Sacramento, CA 95605 Sacramento, CA 95814

FAX: (916) 376-5088 FAX: (916) 319-0124

EXHIBIT A

SCOPE OF WORK

I. GENERAL SCOPE:

Contractor shall provide preventative maintenance and repair services on forklifts for the California Department of Education (CDE) Pomona Distribution Center (PDC) located at 2550, Fulton Road, Pomona, CA 91767, as described herein.

II. PROJECT MONITORS:

The CDE assigns Juan Gutierrez, (909) 596-7777, etc. 234, JuGutierrez@cde.ca.gov, as state project monitor to oversee this project. Said monitor is not authorized by the state to make any commitments or make any changes which will affect the price, terms or conditions of this agreement without a formal contract amendment.

The Contractor must assign a contract project monitor to oversee this project. Said monitor is not authorized by the state to make any commitments or make any changes which will affect the price, terms or conditions of this agreement without a formal contract amendment.

III. EQUIPMENT LIST:

CDE reserves the right to add new equipment and/or remove any equipment that has been damaged or replaced, as needed.

Electric Forklifts:

MAKE MODEL QUANTITY

1 Crown Electric, Sit-Down 50FCTT188 1

2 Clark Electric Stand-Up ESM20 1

3 Toyota Electric Sit-Down 7FBCU25 5

4 Mitsubishi Electric Sit-Down FBC25N 1

5 Mitsubishi Electric Sit-Down FBC25N-AC 1

6 Clark Electric Sit-Down ECX25 2

TOTAL 11

mailto:JuGutierrez@cde.ca.gov

Liquid Propane Gas Forklifts

Power Workers:

IV. PREVENTATIVE MAINTENANCE:

Preventative Maintenance for each equipment listed in Exhibit A, Article III, will be completed by the Contractor every eight (8) weeks, as requested and scheduled by the CDE Contract Monitor. The Contractor shall supply all tools, materials and equipment necessary to provide preventative maintenance.

A. ELECTRIC FORKLIFTS:

The Contractor will perform the following at each preventative maintenance for each Electric Forklift:

1. Clean equipment using compressed air.

2. Clean grease fittings and lubricate.

3. Check upright assembly for proper adjustment.

4. Check hydraulic sump filter cap; Contractor will clean or replace as necessary.

5. Check hydraulic oil level; Contractor will fill if necessary.

6. Check and lubricate all connecting shafts and levers.

MAKE MODEL QUANTITY

1 Clark LPG Sit-Down Forklift GCX25 1

2 Mitsubishi LPG Sit-Down Forklift FGC25N-LP 1

TOTAL 2

MAKE MODEL QUANTITY

1 Raymond Pallet Jack Electric, Rider

112MFRE60L 1

2 Clark Pallet Jack Electric, Rider HWD30 1

3 Hyster/Johnson Pallet Jack Electric Hyster W40Z 1

4 Hyster/Johnson Pallet Jack Electric W40Z 3

5 Toyota Pallet Jack Electric, Rider 8HBE30 1

6 Raymond Pallet Jack, Electric 102T-F45L 4

TOTAL 11

7. Check steering gear box level; Contractor will fill if necessary.

8. Check differential oil level; Contractor will fill if necessary.

9. Inspect lift and tilt cylinders for leaks.

10. Inspect brake pedal linkage for proper adjustment.

11. Inspect battery; check water level, Contractor will fill if necessary.

12. Check battery cables and receptacles.

13. Check contacts, contactor assembly and all switches and electrical components for proper operation.

14. Check tilt cylinder rod ends and anchors: Contractor will adjust and tighten as necessary.

15. Conduct operational and physical inspection of machine.

16. Check all linkages and components pertaining to the seat brake; Contractor will adjust and tighten as necessary.

17. Conduct other preventative maintenance suggested by manufacturer.

18. Outline any future repair needed to equipment.

Parts, lubricant, oil, etc. are not to be installed without prior approval of the CDE Contract Monitor.

A. LIQUID PROPANE GAS FORKLIFTS AND POWER WORKERS:

The Contractor will perform the following at each preventative maintenance for each LPG Forklift and each Power Worker:

1. Blow out radiator core and clean equipment with compressed air.

2. Clean the grease fittings and lubricate equipment.

3. Change engine oil and filter element; Contractor will fill if necessary.

4. Check transmission and differential oil level; Contractor will fill if necessary.

5. Clean the air cleaner and inspect hose and connections.

6. Check the upright assembly for proper adjustment.

7. Check the hydraulic pump filter cap and clean or replace if necessary.

8. Check the battery and add water and clean terminals.

9. Check hydraulic oil level; Contractor will fill if necessary.

10. Check and lubricate all connecting shafts and levers.

11. Check steering gear box oil level; Contractor will fill if necessary.

12. Check the power steering oil level; Contractor fill if necessary.

13. Check the power steering for proper adjustment.

14. Check the protect-o-seal gas filler cap and inspect for proper installation.

15. Check fuel, oil, engine-cooling systems for leaks. Check the radiator for proper coolant level. Contractor will fill radiator if necessary.

16. Inspect the clutch pedal and linkage for proper adjustment.

17. Inspect the brake pedal and linkage for proper adjustment.

18. Check the master cylinder; Contractor will fill if necessary.

19. Check the engine vent breather.

20. Check all accessory drive belts for proper tension.

21. Check carburetor and accelerator linkage, including choke control.

22. Check distribution points for adjustment and condition.

23. Inspect the spark plugs and ignition wiring.

24. Inspect lift and tilt cylinders for leaks.

25. Check tilt cylinder rod ends and anchors; Contractor will adjust and tighten as necessary.

26. Conduct operational and physical inspection of machine.

27. Check the propane gas lines.

28. Check all linkages and components pertaining to the hand brake; Contractor will adjust and tighten as necessary.

29. Conduct other preventative maintenance suggested by manufacturer.

30. Outline any future repair needed to equipment.

Parts, lubricant, oil, etc. are not to be installed without prior approval of the CDE Contract Monitor.

V. REPAIR SERVICE:

A. In the event repairs are necessary because regular preventative maintenance cannot keep the equipment in satisfactory operating condition the Contractor shall notify the CDE Contract Monitory to verify warranty status and if necessary, provide the CDE with a written estimate. Contractor will not be guaranteed repair work.

B. Repair service shall consist of any service above and beyond the preventative maintenance as outlined in Exhibit A, Article IV, e.g., broken hose, non-working shafts and levers, etc. and shall be billed at the hourly repair rate. Any replaced equipment may or may not be covered under this agreement.

C. All requests for repair service(s) will be billed at the hourly repair rate (hourly repair rate must be the same rate for “emergency repair” and “repair services”) set forth Exhibit B, Budget, provided such requests are not the result of prior incomplete or inadequately performed repairs. No overtime hourly rates will be accrued or paid.

D. The CDE Contract Monitor reserves the right to request an estimate prior to authorizing any repair service(s).

E. Contractor shall guarantee all repairs performed, for a minimum of 90 days from the date of repairs performed. If it is determined that failure has occurred due to defective parts or workmanship, the Contractor shall correct the failure at no additional expense to the CDE. Correction shall occur during normal CDE business hours upon request for repair by the CDE Contract Monitor.

F. The Contractor shall supply all tools and equipment necessary to repair equipment. In the event that equipment in need of repair requires transportation to the contractor’s location, it shall be the responsibility of the contractor to provide such transportation.

G. The response time from the time the CDE Contract Monitor initiates a repair call to the time the repair commences shall not exceed four (4) hours unless an extension of time is approved by the CDE Contract Monitor.

VI. EMERGENCY REPAIRS:

A. In the event that of a serious condition needing immediate attention, the Contractor shall complete the required emergency repair within a twenty four-hour period of notification of the CDE.

B. Emergency repairs will be billed at the emergency hourly repair rate (hourly repair rate must be the same rate for “emergency repair” and “repair services”) set forth in the contractor's bid form, provided such emergency repairs are not the result of prior incomplete or inadequately performed repair work. No overtime hourly rates will be accrued or paid.

C. Contractor shall guarantee all emergency repairs performed, for a minimum of 90 days from the date of emergency repairs performed. If it is determined that failure has occurred due to defective parts or workmanship, the Contractor shall correct the failure at no additional expense to the CDE. Correction shall occur during normal CDE business hours upon request for repair by the CDE Contract Monitor.

D. The Contractor shall supply all tools and equipment necessary for emergency repair.

In the event that equipment in need of emergency repair requires transportation to the Contractor’s location, it shall be the responsibility of the Contractor to provide such transportation.

E. The response time from the time the CDE initiates emergency repair service to the time the service commences shall not exceed two (2) hours unless an extension of time is approved by the CDE Contract Monitor.

VII. SERVICE HOURS AND LOCATION:

A. Service hours will be between 6:00 AM to 2:00 PM Monday through Friday, excluding

State Holidays.

B. A list of State Holidays shall be provided by the CDE Contract Monitor upon contract start.

C. Services shall be performed at the PDC located at 2550 Fulton Road, Pomona, CA 91767.

VIII. PARTS AND MATERIALS:

A. Charges for parts and materials shall not exceed the contractor’s wholesale costs, excluding tax, plus thirty percent (30%); i.e., $100 parts cost x 30% x 8.25% sales tax = $140.75.

B. The Contractor will be allowed to recover freight or shipping costs for parts with no allowance for mark up by:

1. Itemizing the cost of freight or shipping on the invoice

2. Attaching a copy of the freight or shipping invoice (original whenever possible) to the invoice

3. Charging only the cost associated with the billing when the freight or shipping invoice includes costs not specifically associated with the billing. The contractor will only charge the cost associated with the billing and note the freight or shipping invoice accordingly.

Example: Freight or shipping invoice is for three items; each item costing $10.00 per item with a total invoice cost of $30.00; only one of the parts pertains to the billing. The contractor would charge the CDE $10.00.

C. Only original manufacturer parts and materials shall be used, if original parts are unable to be located. Replaced parts shall be left at the location for the State to inspect. All work shall be guaranteed for a minimum of 90 days and costs for recalls shall be borne by the Contractor. Receipts are required for parts that exceed $300.00.

D. No mileage, travel time, or fuel charges shall be charged for the purpose of locating and/or purchasing parts.

E. It is the Contractor’s responsibility to have the necessary tools and equipment required to perform contracted services, cost for additional tools or equipment shall not be charged to the CDE.

IX. DETAILED REPORT:

At the end of the preventative maintenance, repair service, or emergency repair, the Contractor or Contractor’s technician must provide a detailed report to the CDE Contract Monitor. The report must include the following and must be signed upon conclusion of the preventative maintenance, repair service, or emergency repair:

A. Time and date of arrival

B. Time of departure

C. Detailed description of work performed at location

D. Detailed report of future work needed, including estimated cost with breakdown of labor versus parts

E. Receipts for material(s) used for repair and cost

F. Total cost of preventative maintenance, repair service or emergency repair.

G. Name of technician

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

I. 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.

The unit rate bid cost shall include all costs, wages, benefits, allowances, materials, equipment, and Contractor’s expenses incurred in the performance hereof.

Invoices shall include the Agreement Number CN160001 and shall be submitted in arrears, not more frequently than monthly in duplicate to the appropriate sites representative:

Nutrition Services Division

Attention: Anthony S. Neves 1430 N Street, Suite 4503

II. BUDGET CONTINGENCY CLAUSE:

A. It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of congressional or legislative appropriation of funds, for the mutual benefit of both parties in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made.

B. This Agreement is valid and enforceable only if sufficient funds are made available to the

State by the United States Government or the California State Legislature for the purpose of this program. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress or the State Legislature that may affect the provisions, terms or funding of this Agreement in any manner.

C. It is mutually agreed that if the Congress or the State Legislature does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds.

D. Pursuant to GC, Section 927.13, no late payment penalty shall accrue during any time period for which there is no Budget Act in effect, nor on any payment or refund that is the result of a federally mandated program or that is directly dependent upon the receipt of federal funds by a state agency.

E. CDE has the option to terminate the Agreement under the 30-day termination clause or to amend the Agreement to reflect any reduction in funds.

III. PAYMENT:

Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

EXHIBIT B.1

CONTRACTOR’S BID FORM

Forklift Repair and Preventative Maintenance Contract Period: July 1, 2016 through June 30, 2017

The undersigned contractor herby proposes to furnish all labor, material, and equipment necessary to perform all the work required for Forklift Repair and Preventative Maintenance services in accordance with the Terms and Conditions contained herein the following rates:

PREVENTATIVE MAINTENANCE:

REPAIR:

ITEM RATE HOURS* TOTAL

4. Hourly Repair Rate (must be the same rate for “emergency repair” and “nonemergency repair”)

$ /hr

X 200

PARTS:

ITEM TOTAL

5. Materials/Parts/Tax* $ 17,000.00

TOTAL COST (add lines 1-5)

*All quantities, hours, parts are estimated amounts. The CDE reserves the right to increase or decrease as needed.

Contract may be amended to add additional money for quantity, hours and parts. Therefore, the rates should not reflect cost of parts, except for those inclusive in preventative maintenance.

CDE has the right to add new equipment or remove any equipment, as deemed necessary.

An unsigned bid form will result in disqualification

Company Name:___________________________________________________________________________

Address:_________________________________________________________________________________

City:_______________________________State:___________Zip Code:______________________________

Signature:___________________________________________Date:_________________________________

Print Name/Title:_____________________________State Contractor’s License:_________________________

Email:___________________________________________________________________________________

Phone Number: (_____)__________________________ Federal ID#_________________________________

Questions regarding completion of this form should be brought to the attention of:

Anthony S. Neves Aneves@cde.ca.gov (916) 322-1188

ITEM

RATE QUANTITY* SERVICES

PER YEAR

TOTAL

1.

1.

1.1.

Electric Forklifts $ /svc X11 X6 $

2. Liquid Propane Gas Forklifts

$ /svc X2 X6 $

3. Power Workers $ /svc X11

X6 $ mailto:Aneves@cde.ca.gov

EXHIBIT B.2

Forklift Repair and Preventative Maintenance

OPTION TO RENEW: Contract Period: July 1, 2017 through June 30, 2018 The undersigned contractor herby proposes to furnish all labor, material, and equipment necessary to perform all the work required for Forklift Repair and Preventative Maintenance services in accordance with

4. Hourly Repair Rate (must be the same rate for

*All quantities, hours, parts are estimated amounts. The CDE reserves the right to increase or decrease as needed.

Contract may be amended to add additional money for quantity, hours and parts. Therefore, the rates should not

Company Name:_________________________________________________________________________

Address:_______________________________________________________________________________

City:_______________________________State:___________Zip Code:____________________________

Signature:___________________________________________Date:_______________________________

Print Name/Title:_____________________________State Contractor’s License:______________________

Email:_________________________________________________________________________________

Phone Number: (_____)__________________________ Federal ID#_______________________________

1.

1.1.

Electric Forklifts $ /svc X11 X6 $

2. Liquid Propane Gas Forklifts

EXHIBIT B.3

Forklift Repair and Preventative Maintenance OPTION TO RENEW: Contract Period: July 1, 2018 through June 30, 2019

The undersigned contractor herby proposes to furnish all labor, material, and equipment necessary to perform all the work required for Forklift Repair and Preventative Maintenance services in accordance with

4. Hourly Repair Rate (must be the same rate for

*All quantities, hours, parts are estimated amounts. The CDE reserves the right to increase or decrease as needed.

Contract may be amended to add additional money for quantity, hours and parts. Therefore, the rates should not

Company Name:________________________________________________________________________

Address:______________________________________________________________________________

City:_______________________________State:___________Zip Code:___________________________

Signature:___________________________________________Date:______________________________

Print Name/Title:_____________________________State Contractor’s License:_____________________

Email:________________________________________________________________________________

Phone Number: (_____)__________________________ Federal ID#_____________________________

1.

1.1.

Electric Forklifts $ /svc X11 X6 $

2. Liquid Propane Gas Forklifts

EXHIBIT C

GENERAL TERMS AND CONDITIONS

GTC 610 will be incorporated by reference and made part of this Agreement. The GTC 610 document can be viewed at: http://www.documents.dgs.ca.gov/ols/GTC-610.doc http://www.documents.dgs.ca.gov/ols/GTC-610.doc

EXHIBIT D

SPECIAL TERMS & CONDITIONS

I. RESOLUTION OF DISPUTES:

If the contractor disputes any action by the project monitor arising under or out of the performance of this contract, the contractor shall notify the project monitor of the dispute in writing and request a claims decision. The project monitor shall issue a decision within 30 days of the contractor's notice. If the contractor disagrees with the project monitor's claims decision, the contractor shall submit a formal claim to the Superintendent of Public Instruction or the Superintendent's designee. The decision of the Superintendent shall be final and conclusive on the claim unless the decision is arbitrary, capricious, or grossly erroneous or if any determination of fact is unsupported by substantial evidence. The decision may encompass facts, interpretations of the contract, and determinations or applications of law. The decision shall be in writing following an opportunity for the contractor to present oral or documentary evidence and arguments in support of the claim. Contractor shall continue with the responsibilities under this Agreement during any dispute.

II. LOSS LEADER:

It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code.

EXHIBIT E

ADDITIONAL PROVISIONS

I. RIGHT TO TERMINATE:

The State reserves the right to terminate this agreement subject to 30 days written notice to the Contractor. Contractor may submit a written request to terminate this agreement only if the State should substantially fail to perform its responsibilities as provided herein.

However, the agreement can be immediately terminated for cause. The term “for cause” shall mean that the Contractor fails to meet the terms, conditions, and/or responsibilities of the contract. In this instance, the contract termination shall be effective as of the date indicated on the State’s notification to the Contractor.

This agreement may be suspended or cancelled without notice, at the option of the Contractor, if the Contractor or State’s premises or equipment are destroyed by fire or other catastrophe, or so substantially damaged that it is impractical to continue service, or in the event the Contractor is unable to render services as a result of any action by any governmental authority.

II. CERTIFICATE OF INSURANCE REQUIREMENTS:

A. Commercial General Liability:

Contractor shall furnish to the California Department of Education, a Certificate of Insurance, issued by an insurance carrier licensed to write general liability insurance in the State of California, stating liability insurance is presently in effect for the Contractor of not less than one million dollars ($1,000,000.00) per occurrence for bodily injury and property damage liability combined.

B. Automobile Liability:

Contractor shall furnish to the California Department of Education, a Certificate of Insurance, issued by an insurance carrier licensed to write Automobile liability insurance in the State of California, stating liability is presently in effect for the Contractor, of not less than one million dollars ($1,000,000.00) combined single limit per accident. Such insurance shall cover liability arising out of a motor vehicle including owned, hired and non-owned motor vehicles.

C. The Certificate(s) of Insurance must provide the following additional insured language:

The State of California, its officers, agents, employees, and servants are included as insured, but only insofar as the operations under this contract are concerned.

D. Contractor is responsible to notify the State within 5 business days of any cancellation, non-renewal or material change that affects required insurance coverage.

E. Contractor agrees that the commercial general liability insurance and automobile liability insurance provided shall be in effect at all times during the term of the contract. In the event insurance coverage expires at any time or times during the term of the contract, the Contractor agrees to provide a new Certificate of insurance to:

1430 N Street, Suite 1802

Attention: Contracts Office – CN160001

F. Evidencing coverage as established herein for not less than the number of working days or remainder of the term of the contract, or of a period of not less than one year.

G. New Certificates of Insurance are subject to the approval of the Department of General Services, Office of Risk and Insurance Management, if required.

The contractor agrees that no work or services shall be performed prior to such approval.

H. Failure to continuously maintain insurance coverage as herein provided is a material breach of the contract for which, in addition to any other remedy provided by law, the state and/or the California Department of Education, may terminate the contract’s control over the work and may proceed with the completion of the work in any manner it deems appropriate.

III. WORKERS’ COMPENSATION:

Contractor shall furnish to the CDE a Certificate of Insurance, issued by an insurance carrier licensed to write Workers’ Compensation insurance in the State of California that hereby warrants it carries Workers ’ Compensation Insurance on all of its employees who will be engaged in the performance of this Agreement. If staff provided by the Contractor is defined as independent contractors, this clause does not apply.

IV. AMENDMENTS:

The CDE reserves the right to amend the contract under circumstances including but not limited to: 1) exercise the option to renew, 2) when additional money is required for parts and/or labor, 3) when equipment is added, deleted or replaced.

Amendment is of no force or effect until signed by both parties and approved by the Department of General Services, if required.

V. OPTIONS TO RENEW:

This contract will expire on JUNE 30, 2017; however, the CDE may exercise the option to renew the contract for two additional one-year agreements.

Costs for the first one-year option to renew (JULY 1, 2017 – JUNE 30, 2018) shall be computed in accordance with the Contractor’s Bid Form, contract period JULY 1, 2017 – JUNE 30, 2018. If the State elects to renew the agreement with the contractor, the Contract Monitor will notify the contractor of the option to renew in JANUARY 2017.

Costs for the second one-year option to renew (JULY 1, 2018 – JUNE 30, 2019) shall be computed in accordance with the Contractor’s Bid Form, contract period JULY 1, 2018 – JUNE 30, 2019. If the State elects to renew the agreement with the contractor, the Contract Monitor will notify the contractor of the option to renew in JANUARY 2018.

Attachment 1

Personnel Services Division

CO-010 (NEW 11/2011)

Small Business (SB) Preference Sheet

NOTICE TO ALL BIDDERS:

Small Business and Non-Small Business Subcontractor Preferences

a. Small businesses will be granted the five percent (5%) small business preference on a bid evaluation by an awarding department when a responsible non-small business has submitted the lowest-priced, responsive bid or a bid that has been ranked as the highest scored bid pursuant to a solicitation evaluation method described in Section 1896.8, and when the small business:

1. Has included in its bid a notification to the awarding department that it is a small business or that it has submitted to the Department a complete application pursuant to Section 1896.14 no later than 5:00 p.m. on the bid due date, and is subsequently certified by the Department as a small business; and

2. Has submitted a timely, responsive bid; and

3. Is determined to be a responsible bidder.

b. Non-small business bidders will be granted a five percent (5%) non-small business subcontractor preference on a bid evaluation by an awarding department when a responsible non-small business has submitted the lowest-priced responsive bid or a bid that has been ranked as the highest scored bid pursuant to a solicitation evaluation method described in Section1896.8, and when the non-small business bidder:

1. Has included in its bid a notification to the awarding department that it commits to subcontract at least twenty-five percent (25%) of its net bid price with one or more small business(es); and

2. Has submitted a timely, responsive bid; and

3. Is determined to be a responsible bidder; and

4. Submits a list of the small business(es) it commits to subcontract with for a commercially useful function in the performance of the contract. The list of subcontractors shall include their name, address, phone number, a description of the work to be performed, and the dollar amount or percentage (as specified in the solicitation) per subcontractor.

Are you a California certified small business? YES NO

Are you a non-SB subcontracting at least 25% to a California certified SB? YES NO

Company Name:

Signature: ___________________________________________ Date:

A copy of the SB certification letter from OSDS or any proof of certification from the State of California, including an e-mail or a Web site print out must be included.

If you have applied and not yet been formally certified, include the date of application.

Date applied (if not yet certified):

Attachment 2

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…