DF150463_IFB_Document.pdf

i

Invitation for Bid (IFB)

California Department of Education California School for the Deaf, Fremont

Emergency Lighting System Maintenance and Repair Services IFB Number DF150463

Mandatory Site Inspection: Wednesday, April 27, 2016 at 10:30 a.m. PDT

Bid Due Date: Monday, May 9, 2016 at 2:00 p.m. PDT

Public Bid Opening: Wednesday, May 11, 2016 at 2:00 p.m. PDT

Contract Period: June 1, 2016 – May 31, 2017

One-Year Option to Renew: June 1, 2017 – May 31, 2018 ii

TABLE OF CONTENTS

GENERAL INFORMATION ................................................................................... 1-7 I. Purpose II. Eligible Bidders III. IFB Documents IV. Bid Documents as Public Record V. Mandatory Site Inspection VI. Bid Submission .............................................................................................. 2-5 VII. Bid Submission .............................................................................................. 2-5 VIII. IFB Schedule IX. Disabled Veteran Business Enterprise (DVBE) Participation Goals X. DVBE Incentive Option XI. Target Area Contract Preference (TACPA) XII. Basis of Award XIII. Options to Renew XIV. Contract Award Protest Procedures

EXHIBIT A – SCOPE OF WORK .......................................................................... 8-12

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 C – GENERAL TERMS AND CONDITIONS

EXHIBIT D – SPECIAL TERMS AND CONDITIONS

I. Resolution of Disputes II. Loss Leader

EXHIBIT E – ADDITIONAL PROVISIONS ............................................................ 18-23 I. Right to Terminate II. Certificate of Insurance Requirements III. Workers’ Compensation IV. Amendments V. Option to Renew VI. Employees VII. Permits, Laws and Regulations VIII. Quality Control IX. Control of Work X. Guarantee XI. Prevailing Wage XII. Materials and Equipment XIII. Clean Up

ATTACHED FORMS

Attachment 1 – Small Business Preference Sheet Attachment 2 – Contractor Certification Clauses (CCC-307) ................................. 24-27 Attachment 3 – Protest Procedures for IFBs Attachment 4 – Payee Data Record (Std. 204) ..................................................... 29-30 iii

TABLE OF CONTENTS CONTINUED

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

GENERAL INFORMATION

I. PURPOSE:

The California Department of Education (hereinafter referred to as CDE) is soliciting bids from potential bidders to provide maintenance and repair services for the emergency lighting systems located at the California School for the Deaf, Fremont (CSDF) located at 39350 Gallaudet Drive, Fremont, CA 94538, in accordance with the specifications contained herein this Invitation for Bid (IFB). The contract period is from June 1, 2016 – May 31, 2017 Contract includes a 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 Jessica Dunajski, JDunajski@cde.ca.gov, 916-322-3035. 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 Jessica Dunajski, Contract Analyst by phone at 916-322-3035 or by e-mail at JDunajski@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, pursuant to Government Code Section 6250 et seq. All contracts and all attachments will become public record.

mailto:JDunajski@cde.ca.gov

V. MANDATORY SITE INSPECTION

A mandatory site inspection is scheduled for Monday, April 27, 2016 at 10:30 a.m. PDT at 39350 Gallaudet Drive, Fremont, CA 94538.

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 flag pole directly in front of the school. 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 – EMERGENCY LIGHTING SYSTEM MAINTENANCE AND REPAIR SERVICES – DO NOT OPEN.” To prevent premature opening, place sealed bid envelope within an envelope addressed as follows:

Contracts Office

Attention: Jessica Dunajski 1430 N Street, Suite 1802 Sacramento, CA 95814

SEALED BID – EMERGENCY LIGHTING SYSTEM MAINTENANCE AND REPAIR

SERVICES – DO NOT OPEN

The deadline for submission of sealed bids is Monday, May 9, 2016 at 2:00 p.m PDT.

The bids will be publicly opened and read on Wednesday, May 11, 2016 at 2:00 p.m PDT.

at the California Department of Education, 1430 N Street, Suite 1802, Room 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.

VII. BID SUBMISSION REQUIREMENTS:

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 B.1 Total.

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 B.2 Total.

Bidder Declaration Form (GSPD-05-105) 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 III. and IV. 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 bidder 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.

Attachment 8 – Bidder Certification: Bidder must fill out the certification and list all employees who will perform work under this contract. Employees must meet the requirements listed in the Bidder Certification.

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

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.

VIII. IFB SCHEDULE:

Activity Action Date

Invitation for Bid Advertisement April 20, 2016

Mandatory Site Inspection April 27, 2016 at 10:30 am PDT

Bids Due May 9, 2016 at 2:00 pm PDT

Public Bid Opening May 11, 2016 at 2:00 pm PDT

Contract Start date June 1, 2016

IX. 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.

X. 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:

5% or Over 5%

4% to 4.99% inclusive 4%

3% to 3.99% inclusive 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.

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

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.

The contract shall be awarded on the basis of the responsive/responsible bidder submitting the lowest average Total for emergency lighting system maintenance and repair services stated on the Contractor’s Bid Forms, Exhibit B.1 and B.2. The lowest average Total will be computed by adding the B.1 Total from Exhibit B.1 and B.2 Total from Exhibit B.2 and then dividing the amount by two.

Charges for the Contractor’s operating expenses such as: transportation, fuel, parking, equipment rental, 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.

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.

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

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. OPTION TO RENEW:

This contract will expire on May 31, 2017; however, the CDE may exercise the option to renew the contract for an additional one-year agreement.

Costs for the one-year option to renew (June 1, 2017– May 31, 2018) shall be computed in accordance with the Contractor’s Bid Form, contract period June 1, 2017– May 31, 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.

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:

The California School for the Deaf, Fremont (CSDF), located at 39350 Gallaudet Drive, Fremont CA 94538, has emergency lighting systems, the Contractor will provide preventative maintenance and repair services the emergency lighting system at CSDF, as described herein.

II. PROJECT MONITORS:

The CDE assigns Barrett Smith, 510-794-3780, BSmith@csdf-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:

Manufacturer

Battery Model

Number & Voltage

Model Location Number of Batteries

Computer Power Inc.

TC-1205S

(12 Volt)

IS-S-2000-277-

277-SLC-OCB1-

ICB

Maintenance Yard Building #31

2 Dual – Lite

PS-127504

(12 Volt)

120-12-C-Y12-

D13NC/HDR-

60/5FFA-10

Elementary Activity Center Building #19

Computer Power Inc.

Illuminator 924

TC-1290S

(12 Volt)

IPS-48-4500-277-

277/120-SLC-

OCB2

Theater Building #30

4 Myers

TC-1290S

(12 Volt)

TBD Gym Building #21 8

5 Dual - Lite

CATV-27 (12

Volt)

120-12-C-Y12-

D13NC/HDR-

60/5FFA-10

High School Activity Center Building #15

Computer Power Inc.

Illuminator 924

TC-1290S

(12 Volt)

IPS-48-3000-277-

277-SLC-OCB2

Kitchen Building #20

Computer Power Inc.

Illuminator 924

TC-1255S

(12 Volt)

FS65013

Library Building #25 mailto:BSmith@csdf-cde.ca.gov

8 ELESCO

TC-1298 (12

Volt)

N/A High School Building #22

9 Myers TBD TBD

Career Technology Education Building #23

Computer Power Inc.

Illuminator 924

PRC-1265S

(12 Volt)

IPS-48-1500-277-

277-SLC-OCB1

Middle School Building #24

Computer Power Inc.

Illuminator 924

TC-1298

(12 Volt)

IPS-48-1500-277-

277-SLC-OCB1

Early Child Education Building #26

Myers Power Products Illuminator

UL924

NP33-12

(12 Volt)

6CM4-BD2004-

W-2YW

Administration Building #27

Computer Power Inc.

Illuminator 924

PRC-1265S

(12 Volt)

IPS-48-1500-277-

277-SLC-OCB1

Elementary School Building #29

Total Batteries 113

CDE reserves the right to add, delete, and/or replace equipment listed above.

IV. PREVENTATIVE MAINTENANCE:

The Contractor must provide equipment, labor and materials for the preventative maintenance of the emergency lighting systems (See Exhibit A, Scope of Work, Article III

Equipment List) twice per year. Contractor will to make a visual inspection of all emergency lighting systems and performs the following maintenance procedures in accordance with manufacturer standards:

A. Test all systems

B. Test all batteries

C. Perform an operational function check of the system

D. Check input and output conditions

E. Check emergency conditions

F. Check and tighten all electrical connections as required per manufacturer’s specifications

G. Ensure proper operations of fans and replace parts as needed

H. Check and record input, output, current and all battery voltages in float mode to manufacturer’s factory specifications.

V. REPAIR:

All requests for service outside the preventative maintenance services outlined in Exhibit A, Article IV. Preventative Maintenance, will be billed at the "hourly repair rate” set forth in the budget, provided such requests are not the result of prior incomplete or inadequately performed preventative maintenance or repairs. No overtime hourly rates will be accrued or paid. This agreement only covers minor repair. Minor repair will be defined as any repair that does not exceed a cost of $2,500.00 including parts, labor, and shipping. Any repairs beyond preventative maintenance must have prior specific authorization of the CDE

Contract Monitor, before any work is done and/or parts are purchased and installed.

No mileage, travel time, or fuel charges shall be charged for the purpose of traveling from port to port. Hourly charges will begin at arrival time verified at the CSDF by the CDE

Contract Monitor.

In the event minor repairs are necessary because regular maintenance cannot keep the equipment in satisfactory operating condition the Contractor will notify the CDE Contract

Monitor, and submit an itemized cost estimate to the CDE. Contractor will not be guaranteed repair work. Such work, if authorized, will be in addition to the regular maintenance charges.

Repairs shall be made to repair and test equipment performance to original factory specifications.

The CDE Contract Monitor, or CDE designee, has the authority to request an estimate prior to authorizing any services.

VI. SERVICE REPORT:

At the end of each service, preventative maintenance or repair, the Contractor shall provide a service report which includes the following, but is not limited to:

A. Identify the equipment serviced and building location

B. Preventative maintenance tasks performed, or repair services performed

C. Time of arrival

D. Time of departure

E. Detailed report of future work needed, including estimated costs, if applicable

F. Detailed report of the condition of the emergency lighting systems and any other recommendations.

Service report must be signed by both the CDE Contract Monitor and the Contractor at the end of each service.

VII. BATTERIES:

Contractor will be responsible for replacing batteries in accordance with these specifications:

A. Contractor will replace all batteries that degrade to 80% of its rating.

B. All VRLA (valve-regulated-lead-acid) batteries will be replaced in the first year of the contract. Replacement batteries shall have a minimum of one year prorated warranty.

Batteries that require replacement after the first year shall be charged to the parts allowance in Exhibit B.

C. Batteries must be recycled by the Contractor according to State and Federal regulations.

VIII. PARTS:

Original manufacturer parts and materials are preferred. If original manufacturer parts are not available the CDE Contract Monitor, will decide appropriate resolution. Replaced parts shall be left at CSDF for State inspection. All work shall be guaranteed for a period of 90 calendar days, and costs for recalls shall be borne by the Contractor. A receipt is required for parts that exceed $100.00.

Additional parts beyond general service must have prior specific authorization of the CDE

Contract Monitor, before any work is done and/or parts are purchased and installed.

The charges for parts and materials shall not exceed Contractor’s wholesale costs;

excluding tax, plus thirty percent (30%), i.e.; $100.00 parts cost x 30% x 9.00% sales tax =

$141.70.

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

IX. SERVICE SCHEDULE:

A. Service hours will begin at 7:00 a.m. and will end no later than 4:00 p.m. PDT. Service will take place Monday through Friday, excluding State holidays.

B. The CDE Contract Monitor will provide the Contractor with a preventative maintenance schedule upon contract start. All tests and maintenance shall be completed within three months of the contract start date including battery replacement.

C. The Contractor will respond to service calls for repairs outside of the preventative maintenance schedule within 48 hours, Monday through Friday, excluding State holidays.

D. Only the CDE Contract Monitor, or CDE designee, shall be authorized to request service.

1. Requests for service made by anyone other than the CDE Contract Monitor, or CDE designee, will not be honored.

2. The CDE Contract Monitor shall inform Contractor of authorized CDE designee, or changes to CDE designee in writing.

3. Services not authorized by the CDE Contract Monitor, or CDE designee, will not be paid for.

X. COORDINATION:

A. Upon completion of services, the Contractor shall request a final inspection with the

CDE Contract Monitor.

B. Contractor to be advised all employees working on the site are required to sign in at the

Front Office. Each of the Contractor’s employees are to sign in daily when on state property. The Contractor will be issued a visitor’s badge which must be worn at all times, while on CSDF’s campus.

C. The Contractor must be escorted by a CSDF staff member while on campus.

D. Contractor shall be aware work under this contract may take place during the regular school semester. During the school year, students and staff will occupy most buildings.

In addition, the Contractor should keep in mind students at various times during the day make their way throughout the campus unescorted. Contractor should keep all paths of travel areas clear of debris, equipment and personnel.

XI. WASTE TRANSPORTATION AND/OR DISPOSAL:

The Contractor shall be solely responsible for adhering to any and all local, city, county, state, and federal laws and regulations pertaining to the proper transportation and/or disposal of all waste products while performing services under this Agreement. The Contractor shall indemnify, defend, and hold harmless the state, its officers, agents, and employees from any and all claims, injuries, suits, damages, and losses arising out of or in connection with the improper transportation and/or disposal of all waste products.

XII. CONTRACTOR QUALIFICATIONS:

A. Only technicians who have minimum of 5 years of experience maintaining and repairing similar equipment listed in Exhibit A, Article III shall be allowed to provide service under this contract.

B. Should a new technician be hired, a copy of his/her qualifications must be provided to the CDE Contract Monitor before said technician performs any services under this contract. The updated listing of technicians must also certify that each technician has a minimum of 5 years’ experience maintaining and repairing similar equipment listed in Exhibit A, Article III.

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 DF150463 and shall be submitted in arrears, not more frequently than monthly in duplicate to the appropriate sites representative:

California School for the Deaf, Fremont Attention: Barrett Smith 39350 Gallaudet Drive

Fremont, CA 94538

II. BUDGET CONTINGENCY CLAUSE: (rev. 9/2012)

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

Emergency Lighting Systems Maintenance and Repair Services IFB

Contract Period: June 1, 2016 – May 31, 2017

The undersigned Contractor hereby proposes to furnish all labor, materials, supplies, insurance and equipment necessary to perform all the work required to perform preventative maintenance and repair on the emergency lighting system equipment at the CSDF, in accordance with the

Terms and Conditions contained herein, at the following rates:

Description Rate QTY Total Amount

1. Preventative Maintenance $__________/ year X services

2. Hourly Repair Rate $__________/ hour X 7 hours * = $____________

3. Replacement Batteries (113 total) $____________

4. Parts Allowance* $2,000.00

B.1 Total (Add Lines 1 + 2 + 3 + 4) $____________

* Amounts for hours and parts are estimates. The CDE reserves the right to increase and/or decrease the amount designated for hours and/or parts as needed.

The Bidder must bid on both years to qualify. An incomplete bid form or an unsigned bid form may result in disqualification.

Company Name: _______ _

Address: ______ _

Signature: Date: ________________________

Print Name/Title: ______ _

E-Mail: Federal ID #: ___________________________

Phone Number: ( ) ________ Fax Number: ( ) _

Questions regarding this Bid Form should be brought to the attention of:

Jessica Dunajski, JDunajski@cde.ca.gov, 916-322-3035

Exhibit B.2

CONTRACTOR’S BID FORM

Emergency Lighting Systems Maintenance and Repair Services IFB

Option-to-Renew Contract Period: June 1, 2017 – May 31, 2018

The undersigned Contractor hereby proposes to furnish all labor, materials, supplies, insurance and equipment necessary to perform all the work required to perform preventative maintenance and repair on the emergency lighting system equipment at the CSDF, in accordance with the

Terms and Conditions contained herein, at the following rates:

Description Rate QTY Total Amount

1. Preventative Maintenance $__________/ year X

Services

2. Hourly Repair Rate $__________/ hour X 7 hours* = $____________

3. Parts Allowance* $5,000.00

B.2 Total (Add Lines 1+ 2 + 3) $___________

* Amounts for hours and parts are estimates. The CDE reserves the right to increase and/or decrease the amount designated for hours and/or parts as needed.

The Bidder must bid on both years to qualify. An incomplete bid form or an unsigned bid form may result in disqualification.

Company Name: _______ _

Address: ______ _

Signature: Date: ________________________

Print Name/Title: ______ _

E-Mail: ___ Federal ID #: ________________________

Phone Number: ( ) ________ Fax Number: ( ) _

Questions regarding this Bid Form should be brought to the attention of:

Jessica Dunajski, JDunajski@cde.ca.gov, 916-322-3035

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, servants and CSSS students 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 Sacramento, CA 95814

Attention: Contracts Office – DF150463

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) to exercise the option-to-renew, 2) when additional money is required for parts and/or labor, and 3) for unforeseen costs associated with repairs (as determined by CDE). Amendment is of no force or effect until signed by both parties and approved by the Department of General Services, if required.

V. OPTION TO RENEW:

This contract will expire on May 31, 2017; however, the CDE may exercise the option to renew the contract for an additional one-year agreement.

Costs for the one-year option to renew (June 1, 2017– May 31, 2018) shall be computed in accordance with the Contractor’s Bid Form, contract period June 1, 2017– May 31, 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.

VI. EMPLOYEES:

For each phase and type of work the Contractor shall employ personnel skilled in their respective trades and skilled in the use of methods, tools, and appliances developed in order to obtain the highest quality of workmanship throughout the project. Any person the State deems incompetent or disruptive must be promptly removed by the Contractor and not employed on the project.

VII. PERMITS, LAWS AND REGULATIONS:

A. The Contractor shall procure all permits and licenses as may be required and pay all lawful charges and fees. He/she shall give all required notices incident to the lawful prosecution of work under this contract.

B. The State will furnish the necessary encroachment permits and permits for access to the work site.

C. No building permits from city or county governments are necessary for work on

State projects.

D. The Contractor shall comply with the current edition of Title 8, Title 19, Title 21, Title 22, and Title 24, of the California Code of Regulations, as applicable.

VIII. QUALITY CONTROL:

The Contractor is responsible for thoroughly investigating the site and satisfying itself of the accuracy of the information provided, prior to starting work. The Contractor is responsible for providing a complete installation that conforms to all current applicable codes and regulations.

IX. CONTROL OF WORK:

A. All work under this contract shall be done to the complete satisfaction of the State.

B. The CDE Contract Monitor shall decide all questions which may arise about the quality of the work performed, to the manner of performance and rate of progress of the work, and to all questions as to the acceptable fulfillment of the contract by the Contractor.

X. GUARANTEE:

The Contractor hereby unconditionally guarantees that the work will be done in accordance with the requirements of the contract, and further guarantees work of the contract to be and remain free of defects in workmanship and materials for a period of one year from the date of acceptance of the contract, unless a longer guarantee period is specifically called out in the specifications. Contractor hereby agrees to repair or replace any and all work together with any other adjacent work which may have been damaged or displaced in so doing, that may prove to be not in accordance with requirements of the contract or that may be defective in its workmanship or material within guarantee period specified, without any expense whatsoever to the State, ordinary wear and tear and unusual abuse or neglect excepted.

The Contractor further agrees, that within 10 calendar days after being notified in writing by the CDE of any work not in accordance with the requirements of the contract or any defect in the work, they will commence and prosecute with due diligence all work necessary to fulfill the terms of this guarantee, and to complete the work within a reasonable period of time, and in the event the Contractor fails to so comply, the Contractor does hereby authorize the CDE to proceed to have such work done at the Contractor's expense and the Contractor will pay the costs thereof upon demand. The CDE shall be entitled to all costs, including reasonable attorney's fees, necessarily incurred upon the Contractor's refusal to pay the above costs.

Notwithstanding the foregoing paragraph, in the event of an emergency constituting an immediate hazard to health or safety of the State's employees, property, or licensees, the CDE may undertake, at the Contractor's expense, without prior notice, all work necessary to correct such hazardous condition when it was caused by work of the Contractor not being in accordance with requirements of this contract.

XI. PREVAILING WAGE:

A. Pursuant to Labor Code, Section 1775, it is hereby mutually agreed that the Contractor shall forfeit to the State a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid by him or her, or subcontractor under him or her, less than the prevailing wage rates so stipulated and in addition the Contractor further agrees to pay to each worker the difference between the actual amount paid for each calendar day, or portion thereof, and the stipulated prevailing wage rate for the same. This provision shall not apply to properly registered apprentices.

Note that Labor Code, Section 1771.5 allows exemptions from the general prevailing rate under specific conditions for departments with Labor Compliance Programs.

B. Pursuant to Labor Code, Section 1813 it is further agreed that the maximum hours a worker is to be employed is limited to eight (8) hours a day and forty

(40) hours a week and the Contractor shall forfeit, as a penalty to the State, twenty-five dollars ($25) for each worker employed in the execution of the contract for each calendar day during which a worker is required or permitted to labor more than eight (8) hours in any calendar day or more than forty (40) hours in any calendar week, in violation of Labor Code, Sections 1810 - 1815, inclusive.

C. Completed certified payroll reporting forms for all workers involved in this project shall be submitted to the CDE Contract Monitor prior to the authorization of payment for work under this contract.

XII. MATERIALS AND EQUIPMENT:

A. Only new materials are acceptable. Where quality is not specified and several grades are available, then the best quality or grade shall be used. Where there exists a choice of color, pattern, finish, or other variation within the grade of material specified and such choice is not stated, such choice will be made in writing by the State, prior to the incorporation of the materials into the work.

B. Certain equipment, articles or materials may be called for under a trade name or the name of a manufacturer and their catalog information. The use of alternative equipment, articles or materials of like, better or equal quality and suitability for the purpose intended will be considered, if a request in writing be made by the Contractor within thirty-five (35) days of the start date or notice to commence. The determination as to the suitability of any product shall be made by the CDE Contract Monitor. Any request for substitution must be made in ample time to permit investigation by the State without delaying the work. The State will require data showing the materials proposed to be used comply with the requirements of the Plans and Specifications. All materials which do not meet the requirements of the Plans and Specifications will be rejected whether incorporated in the work or not, and shall be removed from the premises by the Contractor at no cost to the State.

XIII. CLEAN UP:

The Contractor, at all times, shall keep the premises safe, free from accumulation of waste materials, or rubbish caused by his/her operations. At the completion of the work he/she shall remove all debris, waste materials, rubbish, tools, equipment, supplies and surplus materials from State Property. If the Contractor fails to comply, the State may complete the clean-up in any manner it deems appropriate and the cost thereof will be charged to the Contractor and deducted from the final payment. Salvageable material and items shall be transported and stored as directed by the CDE Contract Monitor.

Attachment 1 California Department of Education 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…