IFB__10114686.pdf

INVITATION FOR BID

Notice to Prospective Bidders

January 26, 2016

You are invited to review and respond to this Invitation for Bid (IFB) number 10114686 for Scaffold Rental & Erecting Services. The anticipated term of this agreement is 2 years. In submitting your bid, you must comply with these instructions.

Note that all agreements entered into with the Department of Water Resources, hereinafter referred to as the “State”, incorporates, by reference, the State’s General Terms and Conditions and Contractor Certification Clauses (CCC) that may be viewed and downloaded at the Department of General Services website:

http://www.documents.dgs.ca.gov/ols/CCC-307.doc

If you do not have Internet access, a hard copy can be provided by contacting the person listed below. The CCC package contains clauses and conditions that may apply to your Agreement and to anyone doing business with the State. The Certification will be kept on file in a central location and must be renewed every three years or updated as changes occur.

Inquiries regarding the processing of this bid should be referred to Ben Nixon at 661-858-5678.

Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum to this solicitation.

Sincerely, Gabino Velazquez Field Division Chief San Joaquin Field Division 4201 Sabodan Street Bakersfield, California 93313

Attachment(s) http://www.documents.dgs.ca.gov/ols/CCC-307.doc

IFB No. 10114686

TABLE OF CONTENTS

Notice of State Program Participation Requirements 4 Bidder Minimum Qualifications 5 Bid Requirements and Information 5 Bid Key Action Dates 5

Questions and Answers 5

Submission of Bid 5

Evaluation and Selection Process 7

Tax Delinquent Status Verification 7 Department of Industrial Relations Registration of Contractors and Prevailing Wage Monitoring and Enforcement

Disposition of Bids 8

Standard Conditions of Service 8

Payee Data Record (Std. 204) 8 Key Employee Policies and Guidelines Notice Acknowledgment (Consultants and Contractors) (DWR 9524a)

Small Business Preference Program 9

Non-Small Business Preference Request 12

Non-Small Business Preference Request Form/Instructions 13

Bid Checklist 16

Attachment I – Bid Sheet 17

Attachment II - Bid/Bidder Certification Sheet 19

Completion Instructions for Bid/Bidder Certification Sheet 20

Attachment III – Bidder References 21

Attachment IV - Darfur Contracting Act Certification 22

Attachment V – California DVBE Program Incentive Instructions (DWR 9666) 23

Attachment VI- DVBE Declarations (Std. 843) 29

Attachment VII – Bidder Declaration (GSPD-05-105) 30

Sample Contract – Standard Agreement (Std. 213) 32

Exhibit A – Scope of Work 33

Exhibit B – Budget Detail and Payment Provisions - Private Entities 35

Exhibit C – General Terms and Conditions 36 Exhibit D – Special Terms and Conditions for Department of Water Resources – Over $5,000 Standard Payable (DWR 9544)

Attachment 1 – Recycled Content Certification Form (DWR 9557) 40

Exhibit E – Additional Provisions 42 Attachment I – Standard Clauses – General Conditions for Public Works and/or Drilling

Contracts (DWR 4197)

Attachment II – Standard California Nondiscrimination Construction Contract Specifications (Std. 18)

Attachment III – DVBE Activity Report Form (DWR 9553) 51

Attachment IV – Small Business/DVBE Subcontractor Payment Certification (DWR 9683) 53

Exhibit F – Bidder’s Bond (DWR 4021) 54

Exhibit G – Non Collusion Affidavit (DWR 4206) 55

Exhibit H – Payment Bond (Std. 807) 56

Exhibit I – Performance Bond (DWR 156) 57

NOTICE OF STATE MANDATED SB/DVBE PROGRAM

PARTICIPATION REQUIREMENTS

Disabled Veterans Business Enterprise (DVBE) Information

This solicitation has been exempted from DVBE Participation Program requirements. Firms responding to this solicitation are not required to comply with DVBE program requirements.

However, for those firms voluntarily utilizing DVBE subcontractors, there will be an incentive applied to the level of DVBE participation identified in the bid response not to exceed five (5) percent. Application of the incentive may place the bidder in line for bid award. Application of the incentive will not displace a certified small business with that of a non-small business. DVBE Incentive information and forms are found within the solicitation as DWR Form 9666, Attachment V.

Small Business Program Information

If a bidding firm is not a California Certified Small Business and wishes to be considered for the small business calculation preference for this solicitation, bidder application for small business must be received by the Department of General Services, Office of Small and DVBE Business Services (OSDS) by the bid due date by close of business. Bidders seeking small business certification status must also notify the State in writing at the time of bid submission that they have an application for Small Business certification for review and approval at the DGS-OSDS.

Contact the DGS Office of Small Business and DVBE Services (OSDS) at internet website http://www.dgs.ca.gov/pd/Programs/OSDS.aspx or call (916) 375-4941 or (916) 375-4400 for certification assistance.

For additional assistance meeting DVBE program requirements or inquiries about Small Business certification, please contact the Department of Water Resources SB/DVBE Program Manager at (916) 653-9813, or email SB.DVBE@water.ca.gov http://www.dgs.ca.gov/pd/Programs/OSDS.aspx mailto:SB.DVBE@water.ca.gov

A. Purpose and Description of Services

Contractor shall provide metal scaffolding and certified, qualified personnel to erect, install, and dismantle OSHA approved scaffolding at various worksites when requested by the Department of Water Resources.

B. Bidder Minimum Qualifications Bidder must possess D-39 License and employ personnel that are Carpenters Union certified in scaffolding erection, installation, and dismantling. In addition to the bid sheet, the bidder must also supply a copy of their Material Rate Sheet.

C. Bid Requirements and Information

1. BID KEY ACTION DATES

All bidders must adhere to the following time schedule.

IFB available to prospective bidders on February 1, 2016 Technical questions must be submitted by February 23, 2016 at 3:00 pm Answers to technical questions will be disseminated by February 26, 2016 at 3:00 pm Bids must be received by March 1, 2016 at 2:00 pm Bid opening to be held on March 2, 2016 at 10:00 am Anticipated start date of agreement is July 1, 2016

2. LOCATION WHERE WORK WILL BE PERFORMED:

Various locations within the San Joaquin Field Division (Western Kern County)

3. QUESTIONS AND ANSWERS

Technical questions must be submitted in writing to ben.nixon@water.ca.gov and received by the State on or before 3:00 pm on February 23, 2016. The State’s representatives will provide answers in writing to all potential bidders by 3:00 pm on February 26, 2016.

4. SUBMISSION OF BID

a. Bids must be submitted by mail, hand delivery, UPS, express mail, or Federal Express to:

Ben Nixon Department of Water Resources

San Joaquin Field Division 4201 Sabodan Street

Bakersfield, California 93313

b. All bids must include original signatures on the following documents: Bid/Bidder Certification Sheet, Contractor Certification Clauses, and any other documents specified in this IFB.

c. Bids not including the documents identified in the Bid Checklist shall be deemed non-responsive and will be rejected.

d. All bids are to be sent to DWR within the time frame indicated in the Time Schedule. Bids received after the due date and time will be returned unopened to the prospective bidder.

e. All bids must be submitted under sealed cover. The sealed cover must be plainly marked with the IFB title and number, must show your firm’s name and address, and must be marked with “DO NOT OPEN.”

f. Bids not submitted under sealed cover will be rejected. A minimum of two original signed bids must be submitted. Both bids must be submitted in the same envelope.

g. Bids must be submitted for the entire service described within the Scope of Work.

Deviations from the specifications will not be considered and will be cause for rejection of the bid.

h. The State does not accept alternate language from a bidder. A bid with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable.

i. A bid may be rejected if conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The State may waive any immaterial deviation in a bid. The State's waiver of immaterial defect shall in no way modify the IFB document or excuse the bidder from full compliance with the objectives if awarded the Agreement. The State may reject all bids if deemed necessary.

j. Costs for developing bids and preparation of award of the Agreement are entirely the responsibility of the bidder and shall not be chargeable to the State.

k. This IFB must be signed by an individual who is authorized to bind the bidding firm contractually. The signature must indicate the title or position that the individual holds in the firm. An unsigned bid will be rejected.

l. A bidder may modify a bid after its submission by withdrawal and resubmission before the bid due date. Modification of a bid offered in any other manner, oral or written, will not be considered.

m. A bidder may withdraw their bid by submitting a written request to the State for its withdrawal, signed by the bidder or an agent authorized in accordance with Paragraph K above. A bidder may thereafter submit a new bid before the bid submission deadline. Bids may not be withdrawn after the bid due date. Bids received after the due date and time will be returned unopened to the prospective bidder.

n. DWR may modify the IFB prior to the date fixed for submission of bids by the issuance of an

Addendum to all parties who received a bid package.

o. If all bids are too high, DWR is not required to award an Agreement.

p. Bids are public upon bid opening.

q. Bidders are cautioned not to rely on the State during the evaluation to discover and report all defects and errors in the bid documents. Bidders should carefully proof read documents for errors and adherence to the IFB requirements prior to bid submittal.

r. Where applicable, the bidder should carefully examine the worksite and specifications.

Bidder shall investigate the conditions, character, quality of surface, subsurface materials, or obstacles to be encountered. No additions to the Agreement amount will be made because of failure to thoroughly examine the worksite and specifications.

5. EVALUATION AND SELECTION PROCESS

a. The State will put each bid through a process of evaluation to determine the responsiveness of bidders to the State's needs. The final selection will be made on the basis of the lowest responsible bid meeting the specifications.

b. Bids containing false or misleading statements or providing references that do not support an attribute or condition claimed by the bidder may be rejected. If, in the opinion of the State, information was intended to mislead the State in its evaluation of the bid, and the attribute, condition, or capability is a requirement of this IFB, it will be the basis for rejection of the bid.

c. At the time of bid opening, each bid will be checked for the presence or absence of required information in conformance with the submission requirements of this IFB.

d. The contract will be awarded to the lowest responsible bidder after consideration of any applicable preferences. If there are tied bids, representatives of the State will draw straws to pick the winning bidder during the public bid opening. The drawing will be witnessed and documented by two or more State employees.

6. TAX DELINQUENT STATUS VERIFICATION

a. Effective July 1, 2012 Public Contract Code 10295.4, requires state agencies to verify the tax delinquent status of bidders responding to state solicitations.

b. At the time of bid evaluation, prior to contract award and execution, the State will verify all bidders and identified subcontractors as not listed as tax delinquent by the Franchise Tax Board and the Board of Equalization. Any bidder or subcontractor listed as tax delinquent shall result in a bid rejection and will not be considered for contract award. Bidders wanting further clarification can refer to the statute above or to the web sites listed below for additional information.

Board of Equalization – Top 500 Sales Tax and Use Delinquencies http://www.boe.ca.gov/cgi-bin/deliq.cgi

Franchise Tax Board – Top 500 Delinquent Tax Payers https://www.ftb.ca.gov/aboutFTB/Delinquent_Taxpayers.shtml http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pcc&group=10001-11000&file=10295-10299 http://www.boe.ca.gov/cgi-bin/deliq.cgi https://www.ftb.ca.gov/aboutFTB/Delinquent_Taxpayers.shtml

7. DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION OF CONTRACTORS AND

PREVAILING WAGE MONITORING AND ENFORCEMENT

a. In addition to complying with other applicable laws, effective for all bids on public works received on or after March 1, 2015, each bidder submitting a bid for such contract work must be a Department of Industrial Relations Registered Contractor pursuant to Labor Code § 1725.5 (“DIR Registered Contractor”). A Bidder who is not a DIR Registered Contractor when submitting a bid for the contract work is deemed “not qualified.” Pursuant to Labor Code § 1725.5, all subcontractors identified in a Bidder’s Subcontractor’ List shall also be DIR Registered Contractors.

b. Effective for contracts for public works awarded on or after April 1, 2015, all awarded Prime

Contractors, and all subcontractors of any tier, at all times during the performance of the work, shall be DIR Registered Contractors. Also, all such contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (of the Division of Labor Standards Enforcement). The contracts are subject to compliance monitoring and enforcement by the Department of Industrial Relations.

c. Effective January 1, 2016, all public works projects whether new or ongoing are subject to the requirement to furnish electronic certified payroll records directly to the Labor Commissioner.

d. All contractors who are awarded a contract shall also post any required notice adopted by DIR regarding prevailing wage monitoring and enforcement program.

8. DISPOSITION OF BIDS

Upon bid opening, all documents submitted in response to this IFB will become the property of the State and will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and are subject to review by the public. Bids may be returned at the request and expense of the bidder.

D. Standard Conditions of Service

1. Service(s) shall not commence until the Agreement is fully executed and all approvals have been obtained.

2. All performance under the Agreement shall be completed on or before the termination date of the Agreement unless this Agreement is amended to extend the term.

3. No oral understanding or agreement shall be binding on either party.

E. Payee Data Record

1. The Contractor awarded this Agreement must have completed and submitted form STD 204, Payee Data Record, to determine if the Contractor is subject to a seven percent State Income Tax withholding pursuant to California Revenue and Taxation Code Sections 18662, 18805, and 26131.

2. No payment shall be made unless the Payee Data Record form has been completed and returned to the State.

F. Key Employee Policies and Guidelines Notice Acknowledgment (Consultants and Contactors)

The selected contractor awarded this Agreement must complete and submit the form DWR 9524a, Key Employee Policies and Guidelines Notice Acknowledgment, These policies and guidelines communicate expectations for contractors. Every contractor or subcontractors employee is expected to read and understand the material contained within. Primary contractor/subcontractors are responsible to ensure that their employees are aware of and adhere to the policies and guidelines.

G. Small Business Preference Program

1. The Small Business Procurement and Contract Act (Gov. Code Section 14835 et. seq.)

requires that a fair share of the State’s purchases and contracts for goods, information technology services and construction be placed with a certified small business or micro-business. The Act mandates that state agencies:

a. Establish participation goals,

b. Provide a 5% small business calculation preference, and

c. Provide the opportunity for bidders to receive a 5% non-small business calculation preference when achieving 25% small business participation through subcontracted efforts.

2. SMALL BUSINESS PREFERENCE

The Small Business preference offers certified small businesses and micro-businesses a calculation preference in the amount of five percent (5%) of the lowest responsible bid submitted by a bidder who is not a certified small business. The small business preference is used as a calculation for determining the lowest bidder and does not affect the actual price bid.

The State will grant small businesses a five percent (5%) Small Business preference on a bid evaluation when a responsible non-small business has submitted the lowest-priced, responsive bid pursuant to the evaluation of a solicitation method when a small business:

a. Includes in its bid a notification to the awarding department that it is a small business or that it has submitted to the DGS OSDS a complete application no later than 5:00 p.m. on the bid due date, and is subsequently certified by the Department of General Services as a small business; and

b. Submits a timely, responsive bid; and

c. Has been determined to be a responsible bidder.

Bidders having pending Small Business or DVBE Certification applications under review by the Department of General Services concurrent with the bid time frame should contact DGS/OSDS to request an expedite review/approval of their application in order to be considered for the small business preference during the evaluation of this bid.

Contact DGS/OSDS at (916) 375-4940 to obtain information about the application expedite process.

Bidders must notify the State in writing at the time of bid submission that they have an application for Small Business or DVBE certification under review at the DGS Office of Small and Disabled Veteran Business Certification, and that they wish to be considered for the Small Business Preference Calculation.

3. NON-SMALL BUSINESS PREFERENCE

Non-small business bidders will be granted a five percent (5%) non-small business preference on a bid evaluation when a responsible non-small business has agreed to subcontract at least 25 percent of their bid price with a California certified Small Business and if the non-small business bidder’s bid is not the low price bid, or when a proposal has been not been ranked as the highest scored bid pursuant to the evaluation of the solicitation. Responding bidders must:

a. Include 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 California certified small business(s),

b. Submit a timely bid as specified in the bid document,

c. Be determined to be a responsive, responsible bidder and

d. Identify the California certified small business(s) it commits to subcontract with. The bidder shall list certified SB subcontractors and include their name, address, phone number, a description of the work to be performed, and the percentage (as specified in the solicitation) per subcontractor.

4. CALCULATING NON-SMALL BUSINESS PREFERENCE

The non-small business calculation preference five percent (5%) is used for bid evaluation purposes only. Awards made as a result of the NSB preferences shall be awarded at the bidder’s original bid price. The preference shall be computed as follows:

Bidder A, (Low Bid), non-small business: $125,000 Bidder B, non-small business (subcontracting 25% to a certified small business)

$131,000

Calculation Preference: $125,000 x .05 = $6,250

Bidder B $131,000 Subtract calculated preference - $6,250

Adjusted Bid for Bidder B $124,750

Award is made to Bidder B as the low bidder at the bid price of $131,000.

5. TIES BETWEEN CERTIFIED SMALL BUSINESSES AND DVBE BUSINESSES

In the event of a precise tie between the bid of a small business and the bid of a disabled veteran enterprise that is also a small business, the award shall go to the disabled veteran that is also a small business.

6. MAXIMUM ALLOWABLE PREFERENCES

In no event shall the amount of the small business or non-small business subcontractor preferences awarded on a single bid exceed $50,000, and in no event shall the combined cost of the small business or non-small business subcontractor preference and preferences awarded pursuant to any other provision of law exceed $100,000. The five percent (5%) calculation preference is used for computation purposes only and does not alter or affect the actual bid price or the amount of the executed contract. When a certified small business is the lowest responsive, responsible bidder, then there is no need to compute the small business preference as the small business is the low bidder.

7. COMMERCIALLY USEFUL FUNCTION (CUF) (Government Code 14837)

A certified small business, micro-business contractor, subcontractor or supplier, must meet commercially useful function requirements under Government Code section 14837(d) (4).

Selected firms must perform a “commercially useful function” relevant to this contract.

The term “small business contractor, subcontractor or supplier” means any person or entity that satisfies the ownership (or management) and control requirements in accordance with Government Code Section 14847 (d) (4) and provides services or goods that contribute to the fulfillment of the contract requirements by performing a commercially useful function. A person or an entity is deemed to perform a “commercially useful function” if that person or entity does all of the following:

a. Is responsible for the execution of a distinct element of the work of the contract.

b. Carries out contractual obligations by actually performing, managing, or supervising the work involved.

c. Performs work that is normal for its business services and functions.

d. Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices.

e. Is responsible, with respect to produces, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, and, if applicable, making payment

f. Its role is not an extra participant in the transaction, contract or project through which funds are passed in order to obtain the appearance of DVBE participation.

8. BIDDER CUF REQUIREMENTS

The Department will determine, to the best of its ability, that your firm meets the criteria above for “commercially useful function”. In responding to this solicitation, you are confirming that, under Government Code 14837 Section 1, (d) (4) above, your business provides goods and/or services meet the definition of “commercially useful function”. All bidders are required to provide CUF documentation using the attached State’s Bidder Declaration Form GSPD-05-105, Attachment VII, included in the solicitation document. When completing the declaration, bidders must identify all subcontractors proposed for participation in the contract. Any bidder awarded a contract is contractually obligated to use the subcontractor for the corresponding work defined unless the State agrees to a substitution.

9. PENDING SMALL BUSINESS CERTIFICATION

If your firm is currently seeking small business certification for small business preference related to this solicitation, you must have: 1) notified DGS, Office of Small Business and DVBE Services (OSDS) that you are responding to a solicitation and are seeking an Expedite Review of your small business certification application in relation to the solicitation, 2) provided DGS OSDS with the bid Key Action Dates page from the bid itself and 3) must have submitted a complete application with all required forms and documentation to OSDS for review and approval by close of business of the Bid Submittal due date.

Notify the State representatives if, at the time of bid submission, your firm has a pending small business application with the Department of General Services, OSDS. State representatives will verify your certification is pending or has been approved.

Non-Small Business Preference Request Form

In accordance with The Small Business Procurement and Contract Act (Gov. Code Section 14835 et. seq.), you have selected, and mutually agreed, to partner with a certified Small Business sub-contractor to provide commodities or services related to the performance of the requested services identified in this IFB Solicitation. With the submission of the Non-Small Business Preference Request Form, you are requesting the non-small business calculation be applied to your bid during bid evaluation when applicable. The NSB calculation is for evaluation purposes only. Awards made as a result of the NSB calculation will be at the bidder’s original bid prices.

The Department of Water Resources has identified a Small Business participation level of 25% for this contract effort. As the Prime Contractor, you agree to sub-contract 25% as indicated in Section A below. The calculation preference given will not exceed 5%, with a maximum preference of $50,000. This form must be signed by individual entities with legally binding authority to do so.

SECTION I

PART A - NON-SMALL BUSINESS INFORMATION

Bidder Instructions

Complete Section I, Part A, Certified Non-Small Business Bidder Information Identify the response deadline date in Section II Fax or Mail this form to the Certified Small Business to have Section II completed and returned You must include the completed Non-Small Business Certification Information Sheet and a copy of the Small

Business’s DGS OSDS Certification Letter with your bid submittal.

Company Name: FEIN#

Street Address:

City State Zip Code

Telephone Number: Fax #:

PART B – Services/Commodities to Be Provided by the Small Business Partner:

PART C - As the Non-Small Bidder I agree to subcontract twenty-five percent (25%) to the Certified Small Business Contractor identified in Section II.

Authorized Non Small Business Name (Printed) Authorized Non Small Business Signature

SECTION II –CERTIFIED SMALL BUSINESS INFORMATION

PART A - Certified Small Business Contractor; please complete the information below and return this form to the Non-Small Bidder by: ____/_____/_____. You must include a copy of your DGS OSDS certification with your response.

Company Name: FEIN#

Street Address:

City St Zip Code Telephone Number: Fax #:

OSDS Certification No.: Certification Expiration Date _______/_______/_______ PART B - I understand the above Non-Small Bidder is responding to the Department of Water Resources Solicitation No. ___________. I agree to provide subcontractor services to the Non-Small Bidder as identified in Section A.

Authorized Certified SB Name (Printed) Authorized Certified SB Contractor Signature

NON-SMALL BUSINESS PREFERENCE REQUEST INSTRUCTIONS

The Department of Water Resources encourages Non-Small Bidders to take advantage of the opportunity offered for a preference calculation by partnering with a California Certified Small Business. In doing so, the resulting preference calculation applied may result in the award of the bid when all other technical specifications and bid requirements are met. Application of the NSB preference cannot be used to displace an already certified small business low bidder.

If you elect to partner with a small business, the Non-Small Bidder Preference Request Form must be completed in its entirety and included with your bid submission.

RESOURCES

1. Determine the type of service or services to be subcontracted.

2. If you do not already know of a contractor, or contractors, contact the DGS Office of Small

Business and DVBE Services (OSDS) website to conduct a search of certified firms. A listing of the State’s certified small business firms may be found at:

http://www.bidsync.com/DPXBisCASB

3. Select and contact the certified Small Business firm, or firms you’ve identified to discuss partnering opportunities.

4. Contact the DWR Small Business Program Manager for additional assistance with locating certified small businesses if you need assistance. The manager can be reached at (916) 653-9813.

COMPLETING THE FORM

When an agreement to partner is reached, the Non-Small Bidder Preference Request Form must be completed and signed by both parties.

1. Section I, Part A - Complete the Non-Small Bidder (your firm) business information.

2. Section I, Part B – Identify the services to be performed by the certified small business.

3. Section I, Part C – Identify the small business participation commitment level. You must include the participation percentage information. If no or less than 25 percent commitment level is indicated, the preference calculation will not be applied when DWR evaluates the bids.

4. * Print and sign Section I, Part C (must be signed by individual authorized to do so) before sending it to the small business firm for their information.

5. Section II, Part A – Identify the Small Business response needed date.

6. Fax the form to the Small Business contractor to be completed and signed. Include instructions for SB firm to provide their small business certification. Certification must be current at the time of bid due date.

7. Review the form for completeness. Be sure it includes all the required information.

8. Include the Non-Small Bidder Preference Request Form and the DGS Small Business

Certification letter with your bid response to DWR.

(*)This assures that both the Non-Small business bidder and the Small Business will each have a signed copy of the form.

http://www.bidsync.com/DPXBisCASB

H. Disabled Veteran Business Enterprise Program

The State has waived DVBE program requirements for this solicitation. Under California Code of Regulations 1896.99.100, the California DVBE Incentive provides responsive/responsible firms the opportunity to receive additional incentive calculations. The incentive is applied at the time of solicitation cost evaluation when a bidder has identified a California-certified DVBE subcontractor to provide services or commodities in support of the overall contract effort.

Application of the DVBE Incentive may not displace a certified small business low bidder.

Please refer to DWR Form 9666, Attachment V for instructions about regarding the DVBE Incentive.

DWR PROGRAM MANAGER PRE-REVIEW OF DVBE DOCUMENTATION

The Department’s DVBE Program Manager offers a pre-review of a bidder’s DVBE documentation prior to proposal submission. Since non-compliance with the DVBE program is immediate cause for rejection, the State strongly recommends firms interested in bidding take advantage of this opportunity to ensure they are fully compliant with DVBE Program requirements.

Upon satisfactory review of the firm’s DVBE documentation, the DWR Program Manager issues a Notification of Compliance. To request a pre-review of your DVBE documentation, please fax the documentation to the attention of:

SB/DVBE Program Manager Fax: (916) 654-6511

Voice: (916) 653-9813 Email: SB.DVBE@water.ca.gov

DVBE INCENTIVE PROGRAM

Under California Code of Regulations 1896.99.100, the California DVBE Incentive provides responsive and responsible bidders the opportunity to receive additional incentive calculations.

The incentive is applied at the time of solicitation evaluation when a proposing firm identifies and commits to using a California-certified DVBE subcontractor to provide services or commodities in support of the overall contract. Application of the DVBE Incentive may place the bidder in line for contract award.

The following are key elements of the DVBE Incentive Program:

a. The DVBE Incentive is applied during the evaluation process and is only applied to responsive bids from responsible bidders proposing the percentage(s) of DVBE participation for the incentive(s) specified in the solicitation.

b. DVBE Incentive participation is at the discretion of the bidder and is optional when overall DVBE program requirements are exempt by the State for that solicitation.

c. When requesting the Incentive application, a bidder must complete and return the DVBE

Incentive Application Request included within this solicitation with their proposal at time of submission.

d. Services or commodities provided by the DVBE firm MUST meet the definition of a “Commercially Useful Function” as defined under Military and Veterans Code 999 (B) (i) (ii) and under California Code of Regulations 1896.71 (l). A DVBE firm determined as not mailto:SB.DVBE@water.ca.gov meeting CUF regulations will render the responding firm ineligible for the DVBE Incentive application.

1. DVBE INCENTIVE OPTION VS. DVBE PROGRAM REQUIREMENTS

a. A department may formally exempt a solicitation from California DVBE Program requirements, and still be required to include the DVBE Incentive when the department has not met DVBE program goals three of the previous two fiscal years. Bidders should review the IFB closely to determine if the California DVBE Program requirement is included in the solicitation language.

b. When a solicitation includes California DVBE Program requirements, compliance is not optional and must be met by the bidder. Firms failing to comply with DVBE program requirements, when part of the solicitation, will have their proposals rejected.

2. ORDER OF EVALUATION

For purposes of evaluation, first Small Business preference will be applied, followed by the DVBE Incentive calculation.

BID CHECKLIST

Please review the following checklist for a list of documents that must be returned with your bid package.

Please read the State of California’s General Terms and Conditions (GTC) before signing and submitting your bid package. The State does not accept alternate language from a bidder. A bid with such language will be considered a counter proposal and will be rejected. The GTC’s are not negotiable. Unless otherwise noted, failure to include the required documents will be cause for bid rejection.

DOCUMENTS REQUIRED WITH SUBMISSION OF BID

Attachment I - Bid Sheet (must be signed and include all pages) and Material Rate Sheet(s) Attachment II –Bid/Bidder Certification Sheet Attachment III – Bidder References Attachment IV – Darfur Contracting Act Certification (Submit only if your company has had any business activities or other operations outside of the United States within the previous three years.)

Proof as a Public Works Registered Contractor/Subcontractor with the Department of Industrial

Relations Bidder’s Bond (DWR 4021) (must be equal to 10% of the bid amount) Non Collusion Affidavit (DWR 4206) Copy of current valid State of California D-39 Contractor’s License Copy of Contractor’s Material Rate Sheet

SMALL BUSINESS PROGRAM

Small Business Certification from Office of Small Business and DVBE Services(OSDS) when prime firm is SB or MB certified

Non-Small Business Calculation Preference Request Form (required when prime is requesting Non- Small Business preference consideration)

Current Small Business Certification for proposed SB subcontractor (must accompany a bidder’s Non- Small Business Preference request)

DVBE PARTICIPATION PROGRAM

Attachment V, Bidder Certification of DVBE Participation, DVBE Program Incentive (DWR 9666) (only required when prime bidder elects to subcontract with CA certified DVBE firm)

DVBE firm certification from Office of Small Business and DVBE Services(OSDS) when prime firm is DVBE certified)

Attachment VI, DVBE Declaration (Std. 843) Attachment VII, Bidder Declaration (GSPD-05-105) Current DVBE Subcontractor Firm Certification from DGS OSDS DVBE Program Manager’s Notification of Compliance (if obtained in advance from the DVBE Manager)

DOCUMENTS REQUIRED UPON CONTRACTOR SELECTION/BID AWARD

These documents are not required at the time of bid submittal; however these documents will be required of the awarded firm upon contractor selection/bid award.

Contractor Certification Clauses (CCC) (CCC must be signed once a contractor has been selected) Payee Data Record (Std. 204) Payment Bond (Std. 807) Performance Bond (DWR 156) Certificate(s) of Insurance Key employee Policies and Guidelines Notice Acknowledgment (Consultants and Contractors) (DWR

9524a) Injury and Illness Prevention Program Contractor Site Specific Safety Plan

ATTACHMENT I

BID SHEET

The estimated numbers of hours indicated below will be used solely for computing the cost as a fair and equitable formula to determine the low bidder and is not binding on the contracting agency. However, the actual costs quoted below by the bidder shall be binding for the term of the Agreement.

The bidder hereby agrees to provide a composite hourly rate, to include all labor, scaffold materials for a ninety (90) day period, licenses, permits, and transportation necessary to perform all services required for the foregoing titled work in accordance with the Scope of Work. The rates listed on this Bid Sheet, Part 1, shall be a composite single hourly rate blended from the 10 crafts listed below, and shall be all inclusive of every item of expense, direct and indirect, excluding taxes incidental to the specified rates. In the event supplied scaffolding is needed beyond the 90 day all-inclusive price, the bidder shall invoice DWR monthly for said scaffolding. Typical configurations are listed in Part 2 of the Bid Sheet. Any other configurations used but not listed on the Bid Sheet shall be billed in accordance to the complete bidder supplied Material Rate Sheet.

The bidder is required to bid each item. Failure to indicate a dollar amount in any item will be grounds to reject the entire bid. A zero dollar ($0.00) amount listed for any and all items will be interpreted and understood by the State to mean that the bidder indicating a zero dollar amount shall perform any such services, up to and including the quantity indicated, at no cost to the state.

Part 1

Composite Crew Mix Labor Rates (to include 90 day free rental of scaffolding)

1. Supervisor/Superintendent

2. General Foreman

3. Carpenter Foreman

4. Carpenter

5. 8th period apprentice

6. 7th period apprentice

7. 6th period apprentice

8. 5th period apprentice

9. 4th period apprentice

10. 3rd period apprentice

a. Straight Time ____________ x 4000 hours = ____________

b. Over Time ____________ x 1000 hours = ____________

c. Double Time ____________ x 100 hours = ____________

Part 1 Total (Sub Total a., b. & c.) = ____________

Part 2 Monthly Scaffold Rates

a. 4 x 8 x 10 ____________ per month x 24 = ____________

b. 4 x 7 x 17 ____________ per month x 24 = ____________

c. 5 x 8 x 17 ____________ per month x 24 = ____________

d. 8 x 10 x 14 ____________ per month x 24 = ____________

e. 8 x 11 x 22 ____________ per month x 24 = ____________

Part 2 Total (Sub Total a., b., c., d., & e.) ____________

Part 3 Personnel Training

Scaffold User Hazard Awareness Training per person = ____________

Grand Total (Part 1, 2 & 3 totals) ________________________________________________

NO GUARANTEE OF WORK UNDER THIS CONTRACT.

In the event of computational error, unit prices will prevail over extended totals. The State will check bid calculations and recalculate bid totals.

The Contractor’s signature, in ink, affixed hereon and dated will constitute a certification under the penalty of perjury under the laws of the State of California that the Contractor’s license number and expiration date are true and correct.

Company Name

Contractor’s License Number

Contractor’s License Expiration Date

Printed Name and Title of Bidder

Signature of Bidder

Date

ATTACHMENT II

BID/BIDDER CERTIFICATION SHEET

This Bid/Bidder Certification Sheet must be signed and returned along with all the required attachments as an entire package in duplicate with original signatures. The bid must be transmitted in a sealed envelope in accordance with IFB instructions.

Do not return Bid Requirements and Information or the Sample Agreement.

A. Our all-inclusive bid is submitted as detailed in Attachment I, Bid Sheet.

B. All required attachments are included with this certification sheet.

C. The signature affixed hereon and dated certifies compliance with all the requirements of this bid document. The signature below authorizes the verification of this certification. An unsigned Bid/Bidder Certification Sheet may be cause for rejection.

1. Company Name 2. Telephone Number 2a. Fax Number

3. Address

Indicate your organization type:

4. Sole Proprietorship 5. Partnership 6. Corporation Indicate the applicable employee and/or corporation number:

7. Federal Employee ID No. (FEIN) 8. California Corporation No.

9. Indicate applicable license and/or certification information:

10. Bidder’s Name (Print) 11. Title

12. Signature 13. Date

14. Are you certified with the Department of General Services, Office of Small Business Certification and Resources (OSDS) as:

a. California Small Business Yes No If yes, enter certification number:

a. Disabled Veteran Business Enterprise Yes No If yes, enter your service code below:

NOTE: A copy of your Certification is required to be included if either of the above items is checked “Yes”.

Date application was submitted to OSDS, if an application is pending:

Completion Instructions for Bid/Bidder Certification Sheet

Complete the numbered items on the Bid/Bidder Certification Sheet by following the instructions below.

Item

Numbers Instructions

1, 2, 2a, 3

Must be completed. These items are self-explanatory.

Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one person owns all the assets of the business in contrast to a partnership and corporation. The sole proprietor is solely liable for all the debts of the business.

Check if your firm is a partnership. A partnership is a voluntary agreement between two or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them. An association of two or more persons to carry on, as co-owners, a business for profit.

Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals.

Enter your federal employee tax identification number.

Enter your corporation number assigned by the California Secretary of State’s Office.

This information is used for checking if a corporation is in good standing and qualified to conduct business in California.

Complete, if applicable, by indicating the type of license and/or certification that your firm possesses and that is required for the type of services being procured.

10, 11, 12, Must be completed. These items are self-explanatory.

If certified as a California Small Business, place a check in the "Yes" box, and enter your certification number on the line. If certified as a Disabled Veterans Business Enterprise, place a check in the "Yes" box and enter your service code on the line. If you are not certified to one or both, place a check in the "No" box. If your certification is pending, enter the date your application was submitted to OSDS.

ATTACHMENT III

BIDDER REFERENCES

List below three references for services performed within the last five years, which are similar to the scope of work to be performed under this contract.

REFERENCE 1

Name of Firm Street Address City State Zip Code Contact Person Telephone Number ( ) Dates of Service Brief Description of Service Provided:

REFERENCE 2

Name of Firm Street Address City State Zip Code Contact Person Telephone Number ( ) Dates of Service Brief Description of Service Provided:

REFERENCE 3

Name of Firm Street Address City State Zip Code Contact Person Telephone Number ( ) Dates of Service Brief Description of Service Provided:

Please provide a statement of explanation if no references are available:

ATTACHMENT IV

DARFUR CONTRACTING ACT CERTIFICATION

Public Contract Code Sections 10475 -10481 applies to any company that currently or within the previous three years has had business activities or other operations outside of the United States. For such a company to bid on or submit a proposal for a State of California contract, the company must certify that it is either a) not a scrutinized company; or b) a scrutinized company that has been granted permission by the Department of General Services to submit a proposal.

If your company has not, within the previous three years, had any business activities or other operations outside of the United States, you do not need to complete this form.

OPTION #1 - CERTIFICATION

If your company, within the previous three years, has had business activities or other operations outside of the United States, in order to be eligible to submit a bid or proposal, please insert your company name and Federal ID Number and complete the certification below.

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that a) the prospective proposer/bidder named below is not a scrutinized company per Public Contract Code 10476; and b) I am duly authorized to legally bind the prospective proposer/bidder named below. This certification is made under the laws of the State of California.

Company/Vendor Name (Printed) Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

Date Executed Executed in the County and State of

OPTION #2 – WRITTEN PERMISSION FROM DGS

Pursuant to Public Contract Code section 10477(b), the Director of the Department of General Services may permit a scrutinized company, on a case-by-case basis, to bid on or submit a proposal for a contract with a state agency for goods or services, if it is in the best interests of the state. If you are a scrutinized company that has obtained written permission from the DGS to submit a bid or proposal, complete the information below.

We are a scrutinized company as defined in Public Contract Code section 10476, but we have received written permission from the Department of General Services to submit a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of the written permission from DGS is included with our bid or proposal.

Company/Vendor Name (Printed) Federal ID Number

Initials of Submitter

Printed Name and Title of Person Initialing

ATTACHMENT VI

ATTACHMENT VII

EXHIBIT A

SCOPE OF WORK

1. Contractor agrees to provide to Department of Water Resources (DWR), Scaffold Rental and

Erecting Services, as described herein.

2. The services shall be performed at:

Various locations within the San Joaquin Field Division

(Western Kern County area)

3. The project representatives during the term of this agreement will be:

Department of Water Resources Contractor Name Name: Terry Stutz Name:

Phone: 661-858-5590 Phone:

Fax: 661-858-5501 Fax:

Email: terry.stutz@water.ca.gov Email:

Project representatives may be changed by written notice to the other party.

4. Contractor shall provide scaffolding, qualified supervision and labor, and materials to erect, install, and dismantle OSHA approved scaffolding at various worksites when requested by Department of Water Resources (DWR), San Joaquin Field Division. Contractor must possess a Class D-39 License from the California State Contractor’s License Board. Contractor’s employees must possess proper certification of competence in scaffold erection, dismantling, and use from the Carpenters Union. The contractors crew ratio must follow the guidelines set forth by the local carpenters union and must be trained and certified for the level of work being done.

5. State will meet with the Contractor prior to work to be performed to view and evaluate each jobsite, obtain dimensions, discuss safety plan, and agree upon size and configuration of scaffolding to be installed at the jobsite. All scaffolding used must be configured and installed to conform to OSHA requirements and the California Code of Regulations, Title 8, Section 1644.

6. Contractor shall deliver requested scaffolding and associated equipment to the jobsite, as identified by the State on an as needed basis, and dismantle and pick up the scaffolding and associated equipment upon the State’s notification to do so. Under normal operating conditions, the Contractor shall provide the scaffolding within 72 hours of State’s request. The State will attempt to give the Contractor as much advance notice as possible. Contractor will be given full access to worksite between the hours of 7:00 am to 3:30 pm, Monday through Friday except State Holidays.

7. Contractor shall train selected DWR employees once per year, at the Department’s discretion, on

Scaffold User Hazard Awareness Training, as recommended by the Scaffold Industry Association (SIA) and based on OSHA 1926.454. This would typically be a four to six hour training. Contractor shall provide certificate(s) of course completion.

8. The State shall not be responsible for loss or damage to the rented equipment arising from causes beyond the control of the State. The State’s responsibility for repairs and liability for damage or loss mailto:terry.stutz@water.ca.gov is restricted to that made necessary or resulting from the negligent act or omission of the State or its officers, employees, or agents.

9. In the event any State-owned equipment or property is damaged through the fault of the Contractor or its agents, the Contractor shall replace or repair the equipment or property to the State’s satisfaction.

10. Contractor shall be responsible for and shall incur all costs associated with making repairs and adjustments necessary to keep scaffolding and associated equipment and supplies in good working order and OSHA compliant without qualification.