Heavy_Duty_Towing.pdf

REQUEST FOR PROPOSAL

2023-RFP-0184

HEAVY DUTY TOWING

County of Sacramento

9660 Ecology Lane

Sacramento, CA 95827

RELEASE DATE: May 22, 2023

DEADLINE FOR QUESTIONS: June 5, 2023

RESPONSE DEADLINE: July 10, 2023, 1:45 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/saccounty https://secure.procurenow.com/portal/%7bproject.government.code%7d

County of Sacramento

REQUEST FOR PROPOSAL

Heavy Duty Towing

I. Definitions II. Introduction

III. Proposer's Instructions IV. Basis for Award V. Final Acceptance

VI. Project Details VII. Vendor Submissions

VIII. Pricing Table IX. Sacramento County Standard Terms and conditions X. Additional Terms and Conditions

XI. Environmental Purchasing Policy XII. Insurance Requirements for Contractors

XIII. Good Neighbor Policy

Attachments:

A - RFP-0184 Exhibit D

B - Tow Operator Application

Request for Proposal #2023-RFP-0184 Title: Heavy Duty Towing

1. DEFINITIONS

Response:The written, signed and sealed complete document(s) submitted according to the proposal instructions. Response does not include any verbal or documentary interaction apart from submittal of a formal Response.

Request/Proposal/Bid: The completed and released solicitation, including all subsequent addenda, made publicly available to all prospective proposers.

We/Us/Our: Terms that refer to the County of Sacramento, a duly organized public entity. They may also be used as pronouns for various subsets of the County organization, including, as the context will indicate:

• Purchasing - the Contracts and Purchasing Services Division of the Department of General

Services.

• Department/Division – The department or division requesting the goods or services contained in this request, for which this PROPOSAL is prepared and which will be the end user of the requested goods or services.

• Constituency – the client base or County population which may benefit from the procurement of goods and/or services requested herein.

You/Your: Terms that refer to businesses/individuals submitting a response. The term may apply differently as the context will indicate.

• Supplier - A business entity engaged in the business of providing services.

• Proposer - A business entity submitting a Response to this proposal. Suppliers which may express interest in this proposal, but who do not submit a Response, have no obligations with respect to the proposal requirements.

• Contractor - The Proposer(s) whose Response to this proposal is evaluated as meeting the needs of the County. Contractor(s) will be selected for award, and will enter into a contract(s) for provision of the services described in this proposal.

• Contractor’s Employee - All persons who can be offered to provide the services described in the proposal. All employees of the Contractor shall be covered by the insurance programs normally provided to persons employed by a company (ex: Worker’s Comp, SDI, etc.).

Mandatory: A required element of this request/proposal/bid. Failure to satisfy any element of this request/proposal/bid defined as “mandatory” will disqualify the particular response.

Default:A failure to act as required by any contract resulting from this request, which may trigger the right to sue or may excuse the other party's obligation to perform under the contract.

Cancellation/Termination:A unilateral or mutual decision to not complete an exchange or perform an obligation under any contract resulting from this request.

“Or Equal”: A statement used for reference to indicate the character or quality desired in a requested product or service. When specified in a proposal document, equal items will be considered, provided the response clearly describes the article. Offers of equal items must state the brand and number, or level of quality. When brand, number, or level of quality is not stated by proposer, the offer will be considered exactly as specified. The determination of the Purchasing Agent as to what items are equal is final and conclusive.

2. INTRODUCTION

2.1. Summary

General work description: The Sacramento County Sheriff’s Department is working to help eliminate the large number of HEAVY DUTY vehicles and trailers that are found to be operated or parked illegally on the streets and roadways of the unincorporated areas of Sacramento County. The Sheriff’s Department has the legal authority to tow vehicles for multiple vehicle code authorities and, in many instances, can do so at the first contact with these problem Heavy Duty vehicles. The goal will be to tow as many of these problem vehicles at our first contact with them, as opposed to leaving a warning that requires a follow up and time delays to remove them from the roadways.

2.2. Contact Information

David White

Senior Contract Services officer

9660Ecology lane

Sacramento, CA 95827

Email: whiteda@saccounty.gov

Phone: (916) 876-6379

Department:

DGS: CAPSD - Procurement

Department Head:

Craig Rader

Purchasing Agent

2.3. Timeline

Release Project Date May 22, 2023

Question Submission Deadline June 5, 2023, 1:43pm

Addendum Issued (if necessary) June 20, 2023, 1:44pm

Submission Deadline July 10, 2023, 1:45pm

Award Contract August 21, 2023 mailto:whiteda@saccounty.gov tel:(916)876-6379

3. PROPOSER'S INSTRUCTIONS

General Format: Respond to all requests for information and completion of forms contained in this

Request for Proposal. You may use additional sheets as necessary. A qualifying response must address all items. Brochures and advertisements will not be considered a complete reply to requests for information and will not be accepted as such. Proposer is solely responsible for accuracy and completeness of proposal response and for electronically separating confidential documents when submitting their response through SacCountyEbids. Responses considered incomplete may be rejected.

Alteration of Proposal Text: the original text of this proposal document, as well as any attachments, amendments or other official correspondence related to this proposal document, may not be manually, electronically or otherwise altered by proposer or proposer’s agent(s). Any response containing altered, deleted, additional or otherwise non-original text will be disqualified.

Preparation of Response:

A. All responses must be signed by an authorized officer or employee of the responder.

B. Responses must be submitted prior to the specified date and time, using the SacCountyEbids.

Responses delivered by hand, fax, telephone, e-mail, or any postal carrier will not be accepted. If bidder uploads a file to SacCountyEbids, it is bidder responsibility to ensure the file is not corrupt or damaged. If County is unable to open an attachment because it is damaged, corrupt, infected, etc., it may disqualify bidder’s submission. See this training guide for guidance entering your online response.

C. Time of delivery must be stated as the number of calendar days following receipt of the order by the proposer to receipt of the goods or services by the County.

D. Time of delivery may be a consideration in the award.

E. Prices will be considered as net if no cash discount is offered. If a discrepancy between the unit price and the item total exists, the unit price prevails.

F. Shipping Terms: N/A; Payment Terms: NET/30.

Confidential Information/Public Record: All responses become property of the County. All responses, including the accepted proposal and any subsequent contract, become public records per the requirements of the California Government Code, Sections 6250 -6270, “California Public Records Act”.

Proprietary material must be clearly marked as such. Pricing and service elements of the successful proposal are not considered proprietary information.

The County will treat all information submitted in a proposal as available for public inspection once the

County has selected a contractor. If you believe that you have a legally justifiable basis under the

California Public Records Act (Government Section 6250 et. seq.) for protecting the confidentiality of any information contained within your proposal, you must identify any such information, together with the legal basis of your claim in your proposal, and present such information separately (see "Confidential" section in Vendor Submissions) as part of your response package.

https://secure.procurenow.com/portal/saccounty https://secure.procurenow.com/portal/saccounty https://secure.procurenow.com/portal/saccounty http://help.procurenow.com/en/articles/5815468-opengov-procurement-vendor-training

The final determination as to whether the County will assert your claim of confidentiality on your behalf shall be at the sole discretion of the County. If the County makes a determination that your information does not meet the criteria for confidentiality, you will be notified as such. Any information deemed to be non-confidential shall be considered public record.

4. BASIS FOR AWARD

This proposal award will be determined by factors other than price alone. The County’s sole purpose in the evaluation process is to determine from among the Responses received, which one is best suited to meet the County’s needs. Any final analysis or weighted point score does not imply that one proposal is superior to another, but simply that in our judgment the proposal(s) we select offer(s) the best overall solution for our current and anticipated needs. The County reserves the right to make modifications to any scoring and/or weight structure prior to the evaluation of responses. The responses will remain sealed during the proposal evaluation period, and will be made available for public inspection upon notice of proposal award.

Bid responses will be considered valid for a period of90 calendar days after bid closing date above.

Note: All specifications, terms and conditions of this request will apply to any resulting order.

4.1. Scoring Criteria

Proposals will be scored on completness, pricing, and other factors in your proposal such as ability to meet the requirements of the RFP, experience, references, risk assessment, etc. Contract(s) will be awarded to the highest scoring proposer(s).

4.2. Phase One Tow Contractor Evaluation

TOW COMPANY (4 POINTS)

• Does operator have a minimum of 3 years verifiable experience?

• Are all employees able to read, write, speak, and understand the English Language?

• Are contractor's records available immediately upon request?

• Have contractor's records been maintained for four (4) years?

ADEQUACY AND COMPLETENESS OF PROPOSAS PACKAGE (10 POINTS)

• Information of firm?

• Certificate of insurance?

• Certificate of Worker's Compensation Insurance?

• Copy of lease (if property not owned)?

• Proof of payment of DMV motor carrier of property permit fee?

• Tow operator/driver information forms?

• Heavy Duty Tow Exhibit D application form?

• Proposal signature form?

• Tow rates submitted?

• County License attached?

CITIZEN COMPLAINT AND BACKGROUND REVIEW (PASS/FAIL)

• Pass?

• Fail?

TOW VEHICLES/EQUIPMENT (15 POINTS)

• Have all tow vehicles been inspected by CHP or other state authority?

• Are all tow vehicles equipped in accordance with CHP inspection guide and RFP requirements?

• Is the name of tow company plainly visible from both sides of tow vehicle?

DRIVER INFORMATION (10 POINTS)

• Does each driver possess a valid California driving license for the class of vehicle?

• Is each driver in the DMV PULL notice program?

4.3. Phase Two Site visit

FACILITIES/ACCESSIBILITY (36 POINTS)

• Is business office and primary storage area within County limits?

• Is secondary storage location within 2 air miles of County limits?

• Is sign at business clearly visible to public from the street?

• Are the business hours posted in plain view of the public?

• Are the hourly tow rates and storage fees visibly posted?

• Is the sign disclosing lien processing fee documentation visible?

• Is there a public unisex or individual sex permanent restroom facility?

• Is there an inside public waiting area able to seat at least 4 people?

• Does the storage yard and fencing comply with the RFP?

5. FINAL ACCEPTANCE

Equipment/Supplies/Services

The County of Sacramento will agree to final acceptance only after the supplied equipment, product or service is tested and is found to perform within acceptable standards of operation, is in compliance with all published and implied performance standards, and is considered by the County to be ready for practical application.

6. PROJECT DETAILS

6.1. Important Instructions for Electronic Submittal

The County is accepting electronic bid submissions. Bidders shall create a FREE account with

ProcureNow by signing up at https://secure.procurenow.com/signup. Once you have completed account registration, browse back to this page, click on "Submit Response", and follow the instructions to submit the electronic bid.

6.2. CONTRACTOR with Tow Request as described herein.

CONTRACTOR shall furnish COUNTY with all qualified labor, materials, facilities, equipment and transportation necessary to remove, store and dispose of all HEAVY DUTY (HD) vehicles. HD vehicles to include: Recreational vehicles (motor homes), trailer coaches, HD trucks (big rigs), oversized passenger vehicles (Ford F-350 and similar), box or panel trucks, boats (whether on a trailer or on the ground), trailers (standard or fifth wheel, empty or full) and all parts/debris thereof from private property or public streets for which COUNTY provides CONTRACTOR with Tow Request as described herein.

6.3. TOW PROCESS – ALL HEAVY DUTY VEHICLES AND TRAILERS

A. Tow Request CONTRACTOR shall dispatch towing equipment upon receipt of Tow

Request. COUNTY will make Tow Requests by phone call to the CONTRACTOR at ___________, which shall be answered by CONTRACTOR at all times.

B. A COUNTY Sheriff’s Department representative will be present at the location and time of tow. COUNTY will provide a CHP180 form (Tow and Storage Report) for vehicles towed at the direction of the Sheriff’s Department representative, to the tow truck driver at the location from where the vehicle is to be towed. COUNTY’S CHP180 form (Tow and Storage Report) shall identify the vehicle, vehicle identification number (if visible), license plate number (if present), and the location of the vehicle. COUNTY’S CHP180 form (Tow and Storage Report) or shall include authorization for

CONTRACTOR to remove and tow the vehicle to CONTRACTOR’S storage facility.

C. Response Time:

CONTRACTOR shall dispatch and provide service to the location as provided in the Tow Request within

45 minutes of call received during the hours of 7:00 am and 5:00 pm, Monday thru Friday, for all service areas within the unincorporated area of Sacramento County.

For any request to tow an HD vehicle made before 7:00 am or after 5:00 pm Monday thru Friday, or on any Saturday, Sunday or County observed holiday, the response time shall be within 75 minutes of call received.

D. Documentation CONTRACTOR’S tow truck drivers shall be given COUNTY’S CHP180 form (Tow and

Storage Report) for driver to have in his/her possession in the field at time of hookup to serve as verification of legal authority to remove and store the vehicle(s) being towed.

https://secure.procurenow.com/signup

E. Inspection of Vehicle Identification Numbers and License Plates Prior to hook-up/loading of HD vehicles to be towed, CONTRACTOR’S tow truck drivers shall visually inspect, when possible and practicable, every HD vehicle to be removed to verify that the HD vehicle identification number (VIN) and license number on every HD vehicle or trailer match the information documented on the Tow and

Storage Report from COUNTY’S Sheriff’s Department representative. If any variation or discrepancy exists, CONTRACTOR shall notify the Sheriff’s Department representative at the scene. If incorrect information is discovered after the tow has been completed, the CONTRACTOR shall notify the Sheriff’s

Department Towing Enforcement Unit as soon as possible.

F. Towing CONTRACTOR shall utilize tow truck drivers, tow truck classifications and equipment specifications and auxiliary equipment as hereinafter described. Hook-up/loading and towing/carrying of HD vehicles shall be accomplished in accordance with standards of practice for the industry and state laws and regulations, and in a manner to avoid spillage of any fluids or other materials from the towed vehicles.

G. Prevention of Damage to Vehicles and Contents All vehicles shall be handled by CONTRACTOR in such manner that the vehicles remain in substantially the same condition as they existed before being towed. All personal property and contents in the vehicles shall be kept intact. Any damage which occurs to towed vehicles or contents while in possession of CONTRACTOR shall be solely CONTRACTOR’S responsibility.

H. Prevention of Damage to towed vehicle Sites CONTRACTOR shall inspect and hook-up vehicles to tow in such manner that towed vehicle sites remain in substantially the same condition as they existed before CONTRACTOR towed the vehicles. Any damage to existing curbs, gutters, sidewalks, utilities, guardrails, equipment of finished surfaces, landscaping, etc., resulting from the performance of this

Agreement by CONTRACTOR shall be repaired to the satisfaction of COUNTY at CONTRACTOR’S expense.

I. Determination of Estimated Vehicle Value for Vehicles Towed from Public Right-Of-Way

(1) Within three (3) business days after the towing of a heavy duty vehicle hereunder, CONTRACTOR shall provide COUNTY with a report of CONTRACTOR’S estimated value of the vehicle towed. Such report shall include the estimated value, identity of the estimator, location and description of vehicle, including make, model, year, identification number, license number, state of registration, and the statutory authority for the storage (which shall have been provided to CONTRACTOR by COUNTY

Sheriff’s Department representative on the Tow and Storage Report.)

(2) If COUNTY questions CONTRACTOR’S estimate of value, such as but not limited to circumstances when Kelly Blue Book or other published estimators of vehicle values indicate a low book value higher than CONTRACTOR’S estimate and when year and/or exterior appearance are at odds with

CONTRACTOR’S estimate, CONTRACTOR shall provide to COUNTY documentation of internal conditions such as transmission and engine damage and provide an estimate of costs to repair the vehicle to increase its value to that of Kelly Blue Book low value.

6.4. STORAGE FACILITY REQUIREMENTS

In addition to complying with the Good Neighbor Policy under this Agreement, CONTRACTOR shall comply with the following storage facility requirements:

A. Located within the County of Sacramento CONTRACTOR shall store vehicles towed and stored under this Agreement only in storage facilities located within the boundaries of the County of

Sacramento. CONTRACTOR shall utilize its storage facilities at ___________________ as the primary storage under this Agreement. For secondary/overflow storage, CONTRACTOR may utilize its storage facilities at ________________________. In the event CONTRACTOR will use storage facilities other than the two listed herein, CONTRACTOR shall immediately notify COUNTY in writing of the change, the effective date of the change, and the address of the facility to be used for storage thereafter.

B. Posting of Notice as Required by Vehicle Code Section 22850.3 CONTRACTOR shall conspicuously post at each of its storage facilities where vehicles towed under this Agreement may be stored, the following notice: “A vehicle placed in storage pursuant to State of California Vehicle Code Section 22850 may be released only on proof of current registration.”

C. 24-Hour Public Access Telephone Line CONTRACTOR shall maintain at all times, a telephone line accessible by the public 24-hours per day, seven days per week, which CONTRACTOR shall answer during those hours to communicate with the public concerning possession and disposition of vehicles in

CONTRACTOR’S possession.

6.5. DISPOSITION OF VEHICLES

A. Vehicles Towed from Public Right-of-Way

1) Minimum 15-Day Storage CONTRACTOR shall store all vehicles towed under this Agreement for a minimum 15 days before making final disposition. CONTRACTOR shall store such vehicles in secure, enclosed buildings or fenced storage yards. During the 15-day storage, registered owners of the vehicles may claim the vehicles upon presentation of SSD Vehicle Release form, documentation as required by the California Vehicle Code and payment of CONTRACTOR’S tow and storage fees charged in accordance with the California Vehicle Code.

2) Final Disposition If vehicles are not claimed during the foregoing 15-day storage period, CONTRACTOR is authorized to make final disposition of the vehicles in one of the following two manners:

i. DMV Forms REG 462, Junk If, during the 15-day storage period, COUNTY provides CONTRACTOR with completed Department of Motor Vehicles (DMV) Forms REG 462 (a blank copy of which is attached hereto as Attachment 3 and incorporated herein by reference), for vehicles valued at $500 or less, the vehicles described in the forms shall not be reconstructed or made operable and shall not be reregistered or resold for use on public streets—all such vehicles will be processed as junk. Such vehicles towed by CONTRACTOR under this Agreement shall be removed to a licensed scrap-yard, disposal site, or automobile dismantler’s yard for processing as scrap, or for sale of parts or recycling of parts.

ii. Other Final Disposition If COUNTY does not provide DMV Forms REG 462 during the 15-day storage period, CONTRACTOR shall make final disposition of such vehicles in a manner consistent with the requirements of California Vehicle Code Division 11, Chapters 9 and 10 (Sections

22500-22856). Prior to initiating the steps required for final disposition, CONTRACTOR shall provide written notice to COUNTY of the proposed disposition, and within the week immediately subsequent to final disposition, CONTRACTOR shall advise COUNTY of the actual disposition accomplished via listing of the disposition in the weekly reports as provided, below.

3) Disposal of Hazardous Materials CONTRACTOR shall assure that all freon, coolant, oils, fuels, lubricants and other hazardous materials are properly and safely drained from vehicles abated under this Agreement and that disposal or recycling of such materials is conducted in accordance with all applicable laws.

4) Disposition of Personal Property in Vehicles CONTRACTOR shall allow access to vehicles towed hereunder by the registered owners of such vehicles for such owners to retrieve personal property during normal business hours. CONTRACTOR shall require submittal of identification, which must match the DMV registration information before access is allowed to the vehicle. Upon completion of the required storage period, if personal property in vehicles has not been retrieved by registered owners, CONTRACTOR may dispose of any such property in accordance with applicable laws.

6.6. RECORDS, AUDITS AND REPORTS

A. CONTRACTOR shall provide weekly summary report to COUNTY of HD vehicles towed and HD vehicles disposed by CONTRACTOR in the preceding week. Such weekly reports shall include all of the information listed in subparagraph D, below.

B. CONTRACTOR shall also assist COUNTY with providing documentation of the HD vehicles towed herein for the purposes of tracking billing invoices and payments received for completed and disposed

HD vehicles.

C. CONTRACTOR shall maintain records of vehicles towed under this Agreement for a period of four years. Such records shall be open to inspection immediately during regular business hours upon request by COUNTY.

D. At minimum, CONTRACTOR’S records shall include the following with the dates of each action:

1) Sheriff’s Report Number assigned by COUNTY Sheriff’s Department Representative.

2) Original or copy of COUNTY’S written Tow and Storage Report.

3) Name or employee number of tow truck driver who performed the tow event.

4) Name, address and phone number, if available, of registered owner of the vehicle that was towed.

5) Vehicle identification number (VIN), license number, year, make and model of each vehicle towed and stored.

6) Location from which the vehicle was towed, including notation whether towed from public roadway or from privately-owned property.

7) Location where the vehicle was towed and stored.

8) Final disposition of vehicle (redeemed by registered owner, dismantled, scrapped, etc.).

6.7. MOTOR CARRIER PERMIT

CONTRACTOR shall maintain an active State of California Department of Motor Vehicles Motor Carrier

Permit in accordance with the permit information CONTRACTOR provided to COUNTY during the

Request for Bid process preparatory to award of this contract. CONTRACTOR shall immediately notify

COUNTY in writing of any changes in the permit.

6.8. TOW TRUCK DRIVER REQUIREMENTS

A. Sufficient Number of Drivers CONTRACTOR shall employ a sufficient number of qualified drivers to assure compliance with COUNTY’S required response time set forth above.

B. Competency CONTRACTOR shall ensure that tow truck drivers performing services under this

Agreement are qualified and competent employees. CONTRACTOR shall ensure that the tow truck drivers are trained and proficient in the use of the tow truck and related equipment, including, but not limited to, the procedures necessary for the safe towing and recovery of the various types of vehicles to be abated under this Agreement. Tow truck drivers shall be at least 18 years old and shall possess the class driver license as required by the State

6.9. BILLING

A flat rate bid to complete all services listed is desired and preferred.

A) CONTRACTOR shall submit an invoice to the COUNTY Sheriff’s Towing Enforcement Unit for each HD vehicle towed, stored and disposed within 1 week after the final disposition has been executed. The invoice shall clearly state the date of the tow, the license plate and VIN for the HD vehicle towed and when and how the final disposition was executed. The invoice shall outline the different services provided and cost for each service for each HD vehicle towed. The following items should be listed:

1) Cost to Tow vehicle from dispatched location to storage yard

2) Number of days of storage, price per day of storage and total of storage fees.

3) Cost to prepare vehicle to be disposed, if applicable. (remove all fluids, including biohazard waste, fuel, oils, antifreeze, etc.)

4) Cost to tow vehicle from storage yard to disposal location, if applicable.

5) Cost to dispose of HD vehicle.

6) Total of all costs associated with the tow/storage/disposal of HD vehicle.

B) COUNTY Sheriff’s Towing Enforcement shall process invoices for payment and forward to County

Finance for payment.

6.10. SCHEDULE

The COUNTY anticipates towing more than 60 HEAVY DUTY vehicles yearly, with approximately 30 known problem HEAVY DUTY vehicles to be towed within the first 30-60 days of the contract implementation.

6.11. SPECIAL CIRCUMSTANCES – SELCTION PROCESS

Due to the fact that the Sacramento County Sheriff’s department operates 24 hour per day, 365 days a year, it may not be feasible for one CONTRACTOR to be available to tow every HD vehicle during the desired response time. As a result, the COUNTY may select multiple CONTRACTOR’s for this contract, even if pricing provided by CONTRACTOR’s are not identical.

The COUNTY may, at its discretion, choose which CONTRACTOR to select for each HD tow event. Due to available response times, physical location of HD vehicle(s) and pricing offered by CONTRACTOR, the use of a rotation selection process will not be utilized.

7. VENDOR SUBMISSIONS

7.1. ........................................................................................................ Pr oposal Requirements*

Did you read through and confirm that you met all of the proposal requirements?

☐ Yes

☐ No

*Response required

7.2. ........................................................................................................ Ple ase confirm that your company will accept the County's contract terms and conditions

☐ Please confirm

7.3. ........................................................................................................ Co nfidential Company Information (if applicable)

The County will treat all information submitted in a proposal as available for public inspection once the County has selected a contractor. If you believe that you have a legally justifiable basis under the

California Public Records Act (Government Section 6250 et. seq.) for protecting the confidentiality of any information contained within your proposal, you must identify any such information, together with the legal basis of your claim in your proposal, and present such information in this section as part of your response package. Click "File Upload" below to upload your confidential documents.

7.4. ........................................................................................................ Pr oposal Documents*

Please Upload your COMPLETE Proposal here, which includes the following:

A. Proposal Summary

B. Statement of Experience and Qualifications

C. RFP-0184 Exhibit D Form

D. Tow Operator Applications

*Response required

7.5. ........................................................................................................ Co ntractor Certification of Compliance*

WHEREAS it is in the best interest of Sacramento County that those entities with whom the County does business demonstrate financial responsibility, integrity and lawfulness, it is inequitable for those entities with whom the County does business to receive County funds while failing to pay court-ordered child, family and spousal support which shifts the support of their dependents onto the public treasury.

Therefore, in order to assist the Sacramento County Department of Child Support Services in its efforts to collect unpaid court-ordered child, family and spousal support orders, the following certification must be provided by all entities with whom the County does business:

CONTRACTOR hereby certifies that either:

☐ (a) the CONTRACTOR is a government or non-profit entity (exempt)

☐ (b) the CONTRACTOR has no Principal Owners (25% or more) (exempt)

☐ (c) each Principal Owner (25% or more), does not have any existing child support orders

☐ (d) CONTRACTOR’S Principal Owners are currently in substantial compliance with any court-ordered child, family and spousal support order, including orders to provide current residence address, employment information, and whether dependent health insurance coverage is available. If not in compliance, Principal Owner has become current or has arranged a payment schedule with the

Department of Child Support Services or the court.

*Response required

7.6. ........................................................................................................ Co ntractor Certification of Compliance Cont...*

New CONTRACTOR shall certify that each of the following statements is true:

A. CONTRACTOR has fully complied with all applicable state and federal reporting requirements relating to employment reporting for its employees; and

B. CONTRACTOR has fully complied with all lawfully served wage and earnings assignment orders and notices of assignment and will continue to maintain compliance.

NOTE: Failure to comply with state and federal reporting requirements regarding a contractor's employees or failure to implement lawfully served wage and earnings assignment orders or notices of assignment constitutes a default under the contract; and failure to cure the default within 90 days of notice by the County shall be grounds for termination of the contract. Principal Owners can contact the Sacramento Department of Child Support Services at 1-866-901-3212, by writing to P.O. Box

269112, Sacramento, 95826-9112, or via the Customer Connect website at www.childsup.ca.gov.

☐ Yes

☐ No

*Response required

7.7. ........................................................................................................ Sol icitation Exceptions*

Please list all exceptions below referring to name of specific section and (where applicable) paragraph, subsection number, or other identifier. For each exception, please quote the statement(s) to which you are taking an exception, for reference during bid analysis. Exceptions considered excessive or affecting vital terms, conditions or specifications may reduce or eliminate your prospects for award.

Please include the following with every exception (if your company has no exceptions, type "N/A" in this field):

A. Page #

B. Section#/Title

C. Exception Description

*Response required

7.8. ........................................................................................................ No n-Collusion Affidavit*

I state that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this proposal.

I state that:

A. The price(s) and amount of this proposal have been arrived at independently and without consultation, communication or agreement with any other contractor, bidder or potential bidder, except as disclosed below in the exceptions field (accept with exceptions).

B. That neither the price(s) nor the amount of this proposal, and neither the approximate price(s) nor approximate amount of this proposal, have been disclosed to any other firm or person who is a bidder or potential bidder, and that they will not be disclosed before proposal opening.

C. No attempt has been made or will be made to induce any firm or person to refrain from submitting a proposal on this contract, or to submit a proposal higher than this proposal, or to submit any intentionally high or noncompetitive proposal/bid or other form of complementary proposal.

D. The proposal by my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive proposal.

E. My firm, its affiliates, subsidiaries, officer, directors and employees are not currently under investigation by any governmental agency and have not in the last five years been convicted of or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract.

F. No current or previous employee of the County of Sacramento (employed by County of

Sacramento within the last calendar year) has been involved or is currently involved in any manner, directly or indirectly, with bidder’s response or considerations in responding to this request.

I understand and my firm understands and acknowledges that the above representations are material and important, and will be relied upon by the County of Sacramento in awarding the contract(s) for which this proposal is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the County of Sacramento of the true facts relating to the submission of proposals/bids for this contract. Any violation of this certification shall render bidder’s response invalid. In such a case, bidder’s response will be immediately disqualified.

☐ Please confirm

*Response required

7.9. ........................................................................................................ Cu stomer References*

Include three (3) Company references here:

Reference 1

• Agency/Company Name

• Project Name

• Project Size (Cost/Unit & Total Cost)

• Project Type

• Year Completed

• Name of Project Manager

• Email Address & Phone Number

• Brief Physical Description of Project

Reference 2

• Agency/Company Name

• Project Name

• Project Size (Cost/Unit & Total Cost)

• Project Type

• Year Completed

• Name of Project Manager

• Email Address & Phone Number

• Brief Physical Description of Project

Reference 3

• Agency/Company Name

• Project Name

• Project Size (Cost/Unit & Total Cost)

• Project Type

• Year Completed

• Name of Project Manager

• Email Address & Phone Number

• Brief Physical Description of Project

*Response required

7.10. ...................................................................................................... Ris k Assessment Questionnaire*

Please download the below documents, complete, and upload.

• Risk_Assessment_Questionnai...

*Response required

7.11. ...................................................................................................... Ira n Contracting Act Disclosure Form *

(California Public Contract Code, sections 2202-2208)

When responding to a bid or proposal or executing a contract or renewal for a County of Sacramento contract for goods or services of $1,000,000 or more, a vendor must either:

A. certify it is not on the current list of persons engaged in investment activities in Iran created by the California Department of General Services (“DGS”) pursuant to Public Contract Code section

2203(b) and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for 45 days or more, if that other person will use the credit to https://government-project.s3.us-west-2.amazonaws.com/14692/69c0247d-f232-4964-94df-52ab07e78aa1_Risk_Assessment_Questionnaire.pdf?AWSAccessKeyId=AKIARC2J5PZDGOGWDMYG&Expires=1684864801&Signature=mmuQALp5NrPw%2BTsukXTr8exP2PI%3D&response-content-disposition=attachment%3B%20filename%3D%22Risk_Assessment_Questionnaire.pdf%22 provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS; or

B. demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to Public Contract Code section 2203(c) or (d).

To comply with this requirement, please select one of the options below. Please note: California law establishes penalties for providing false certifications, including civil penalties equal to the greater of

$250,000 or twice the amount of the contract for which the false certification was made; contract termination; and three-year ineligibility to bid on contracts. (Public Contract Code section 2205.)

OPTION #1 - CERTIFICATION

I certify I am duly authorized to execute this certification on behalf of the vendor/financial institution, and the vendor/financial institution is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars

($20,000,000) or more in credit to another person/vendor, for 45 days or more, if that other person/vendor will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS.

OPTION #2 – EXEMPTION

Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services. If you have obtained an exemption from the certification requirement under the Iran

Contracting Act, please select "EXEMPTION" below, and attach documentation demonstrating the exemption approval with your electronic submission.

☐ Certification

☐ Exemption

*Response required

8. PRICING TABLE

TOW CONTRACTOR PRICING TABLE

Price per type of Heavy Duty Tow

Line Item Description Quantity Unit of

Measure Unit Cost Total

Rate Truck-F350 or similar, Box or Panel

Truck 1 each

Rate Boat with or without trailer 1 each

Rate Travel trailer up to 40' in lengh 1 each

Rate Motorhome up to 40' in length 1 each

Rate Other 1 each

TOTAL

9. SACRAMENTO COUNTY STANDARD TERMS AND CONDITIONS

A. BID/QUOTE/PROPOSAL TERMS AND CONDITIONS:All of the terms and conditions of the bid, quote, or proposal against which this agreement is applied, are hereby incorporated.

B. SALES TAX NOT INCLUDED: Unless otherwise definitely specified, the unit prices do not include

California sales and use tax or Sacramento County sales and use tax.

C. INVOICING & PAYMENT: Upon timely submission of itemized invoices by vendor/contractor, payment shall be made per the terms of this agreement and for the prices stipulated for supplies delivered and/or services rendered after inspection and acceptance. Deductions, if any, may be made from payment as provided by this agreement. Payment on partial deliveries may be made whenever amounts due so warrant or when requested by the vendor/contractor and approved by the County. In connection with any cash (payment) discount specified in this agreement, time will be computed from the date of complete delivery of the supplies, equipment or services as specified, or from date correct invoices are received by County, whichever is later. For the purpose of earning the discount, payment is deemed to be made on the date of mailing of the County warrant or check.

D. HOLD HARMLESS:The vendor/contractor shall hold the County of Sacramento, its officers, agents, servants and employees harmless from liability of any nature or kind because of use of any copyrighted, or uncopyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used under this order, and agrees to defend, at his own expense, any and all actions brought against the County of Sacramento or himself because of the unauthorized use of such articles.

E. DEFAULT BY VENDOR/CONTRACTOR:In case of default by vendor/contractor, the County of

Sacramento may procure the articles or services from other sources and may deduct from any monies due, or that may thereafter become due to the vendor/contractor, the difference between the price named in the contract or purchase order and actual cost thereof to the County of Sacramento. Prices paid by the County shall be considered the prevailing market price at the time such purchase is made.

Periods of performance may be extended if the facts as to the cause of delay justify such extension in the opinion of the Purchasing Agent.

F. RIGHT TO AUDIT:The County of Sacramento reserves the right to verify, by examination of vendor/contractor’s records, all invoiced amounts when firm prices are not set forth in the purchase agreement.

G. ASSIGNMENT:This contract or purchase order is not assignable by vendor/contractor either in whole or in part, without the prior written approval of the County.

H. SUCCESSORS: This agreement shall be binding upon to the benefit of the successors and assigns of the respective parties hereto.

I. F.E.T. EXEMPTION:County is exempt from Federal excise tax pursuant to Internal Revenue Code 26

U.S.C. §4221(a)(4).

J. CHARGES NOT INCLUDED ON FACE NOT ACCEPTABLE:No charge will be accepted for packing, boxing, or cartage, except as specified in the Notice of Award. Freight collect shipments will not be accepted.

Merchandise will not be accepted if payment is to be made at the time of delivery.

K. TITLE/RISK OF LOSS:Title, ownership, and risk of loss or damage of the Goods shall be in accordance with Delivery/FOB Terms on Page 1 of the contract. The Goods are delivered to, inspected and accepted by County, except when such loss or damage is due to the fault or negligence of County.

L. ALL UNDERSTANDINGS IN WRITING:It is mutually understood and agreed that no alteration or variation of price, quantity, supplies and/or services, and any terms of this contract shall be valid unless made in writing and signed by the parties hereto, and that no oral understandings or agreements shall be binding.

M. FORCE MAJEURE:The parties will not be held liable for delays or failure in fulfillment of conditions of purchase order or contract resulting from events beyond the reasonable control of such parties. Such events include, but are not be limited to strikes, riots, acts of war, epidemics, acts of government, fire, power failures, nuclear events, earthquakes, acts of terrorism, severe weather events and other disasters.

N.VENDOR/CONTRACTOR TERMS AND CONDITIONS:County’s standard terms and conditions shall govern any contract awarded. If, after award of contract, vendor/contractor provides additional terms or conditions, and there is a conflict between the terms and conditions of the parties, County’s terms and conditions shall govern.

O. INFORMATION TECHNOLOGY ASSURANCES:Vendor/contractor shall take all reasonable precautions to ensure that any hardware, software, and/or embedded chip devices used by vendor/contractor in the performance of services under this agreement, other than those owned or provided by County, shall be free from viruses. Nothing in this provision shall be construed to limit any rights or remedies otherwise available to County under this agreement.

P.COMPLIANCE WITH FAMILY SUPPORT ORDERS:Vendor/contractor hereby certifies that it's principal owner(s) is in substantial compliance with Sacramento County's DCSS Program, federal and state laws regarding lawfully served orders for child, family and spousal support, including wage reporting and assignment of wages. (Failure to comply with such orders and cure the default within 90 days of notice by the County shall be grounds for termination of the contract or purchase order.

Q. COMPLIANCE WITH ALL LAWS, LICENSES AND PERMITS:In the performance of their duties, Vendor/contractor shall comply with all applicable federal, state, and county statutes, ordinances, regulations, directives, and laws and this contract shall be deemed to be executed within the State of

California and construed with and governed by the laws of the State of California. Vendor/contractor shall possess and maintain all necessary licenses, permits, certificates and credentials required by the laws of the United States, the State of California, County of Sacramento and all other appropriate governmental agencies, including any certification and credentials required by County. Failure to comply with all laws, licenses and permits shall be deemed a breach of this Agreement and constitutes grounds for the termination of this Contract.

10. ADDITIONAL TERMS AND CONDITIONS

Bidder Responsibility: You are expected to be thoroughly familiar with all specifications and requirements of this bid. Your failure or omission to examine any relevant form, article, site or document will not relieve you from any obligation regarding this bid. By submitting a response, you are presumed to concur with all terms, conditions and specifications of this bid unless you have specifically, by section number, raised objection.

Awards:

A. The County of Sacramento reserves the right to:

1. award responses received on the basis of individual items, or groups of items, or on the entire list of items;

2. reject any or all responses, or any part thereof;

3. waive any informality in the responses; and

4. accept the response that is in the best interest of the County. The Purchasing Agent's decision shall be final.

B. Preference for Sacramento County Products. In purchases by the County of Sacramento, price and quality being equal, preference must be given to Sacramento County products (Charter of the County of Sacramento, sec. 83); also, ". . . preference must be given to the lowest responsible local bidder offering to supply such items for purchase which are raised, grown, manufactured, fabricated, processed or assembled in Sacramento County . . ." (Sacramento

County Code, sec. 2.56.060).

C. Preference for California-made materials. Pursuant to Sections 4330-4333 of the Government

Code, the County, in awarding the purchase, must prefer supplies partially manufactured, grown or processed in California, price, fitness and quality being equal. In order to receive preference, responses must clearly specify the item(s) for which preference is claimed and the preference applicable.

Taxes:

A. Include any sales, use, or federal excise taxes in your response as separate line item(s).

B. If your company is outside California and collects sales tax, please state the amount as a separate item if the County is to remit the tax.

C. Items purchased for resale will show the County's resale permit number on the purchase order.

D. Exemption certificates will be furnished when federal excise tax is exempted.

Brand Names: Brand names and numbers, when used, are for reference to indicate the character or quality desired. Equal items will be considered, provided your offer clearly describes the article. Offers for equal items must state the brand and number, or level of quality. The determination of the

Purchasing Agent as to what items are equal is final and conclusive. When brand, number, or level of quality is not stated by bidder, the offer will be considered exactly as specified.

Samples: Samples of articles, when required, must be furnished free of cost. Samples may be retained for future comparison. Samples which are not destroyed by testing or which are not retained for future comparison will be returned upon request at your expense.

Indemnification: The contractor shall indemnify, defend and hold harmless the County, its officers, agents, employees, and representatives, from and against any and all claims, losses, liabilities, or damages, demands and action including payment of reasonable attorneys' fees, arising out of or resulting from the performance of resulting contract, caused in whole or in part by any negligent or willful act or omission of the contractor, its officers, agents, employees, representatives, or anyone directly or indirectly acting on behalf of the contractor, regardless of whether caused in part by a party indemnified hereunder.

Termination:

A. County may terminate any resulting contract without cause upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. If notice of termination for cause is given by County to contractor and it is later determined that contractor was not in default or the default was excusable, then the notice of termination shall be deemed to have been given without cause pursuant to this paragraph (A).

B. County may terminate any resulting contract for cause immediately upon giving written notice to…