IFB_15-0246.pdf

CDFA Administrative Services ● 1220 N Street, Suite 115 ● Sacramento, California 95814 State of California

Telephone: 916.654.0808 ● Fax: 916.654.0395 ● www.cdfa.ca.gov Edmund G. Brown Jr., Governor

January 25, 2016

INVITATION FOR BID

NOTICE TO PROSPECTIVE BIDDERS

You are invited to review and respond to this Invitation for Bid (IFB). In submitting your bid, you must comply with the instructions and requirements found herein.

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions that may be viewed at Internet site http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx. If you do not have Internet access, a hard copy can be provided by contacting the person listed below.

In the opinion of the California Department of Food and Agriculture, this IFB is complete and without need of explanation. However, if you have questions or need any clarifying information, please contact the person listed below. An Addendum with questions and answers will be provided at the end of the question and answer period.

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

Questions regarding this IFB must be submitted to Valerie Roberts at Valerie.roberts@cdfa.ca.gov.

Submission date for questions is no later than February 9, 2016 at 4:00 PM. Potential bidders must provide their email address to the analyst above, prior to the February 9, 2016 deadline.

Questions submitted will be answered via an addendum email to all bidders that provided an email address.

Valerie Roberts Valerie Roberts, Contract Analyst Acquisitions Unit Departmental Services Branch Administrative Services

(916) 403-6518 valerie.roberts@cdfa.ca.gov http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx mailto:Valerie.roberts@cdfa.ca.gov mailto:valerie.roberts@cdfa.ca.gov

Table of Contents

SECTION PAGE(S)

1. Description of Services 3-4

2. Bidder Minimum Qualifications 5

3. Bid Requirements and Information

A. Key Action Dates 5

B. Mandatory Walk-through 5-6

C. Contract Period 6

D. Option to Renew 6

E. Submission of Bid 6-7

F. Evaluation and Selection 7

G. Award and Protest 7

H. Disposition of Bids 7

I. Agreement Execution and Performance 7-8

J. Termination 8

K. Preference Programs and Participation Requirements 8-9

Additional Provisions 10-14

Required Documents 15

Attachments

A - Cost Proposal 16-17

B - CCC-307 18-22

C - Contractor Status Form 23

D - California Disabled Veteran Business Enterprise Program Requirements 24-28

E - Disabled Veteran Business Enterprise Declarations 29-31

F - Commercially Useful Function 32-33

G - Non Collusion Affidavit 34

H - Small Business Preference Certification 35

I - Postconsumer-Content Certification 36-37

J - Darfur Contracting Act Certification 38

Sample Contract Package 39-48

INVITATION FOR BID (IFB)

Notice to Prospective Bidders

IFB # 15-0246

Installation of Concrete Pad Winterhaven Border Protection Station

1. Description of Services

The California Department of Food and Agriculture’s (CDFA) Pest Exclusion Branch (PE) – Exterior oversees the California Border Protection Stations. The Border Protection Stations are a first line of defense against evasive pests and plant diseases where hundreds of vehicles are inspected daily.

The PE-Exterior is in need of a contractor to install a concrete pad for a pre-fabricated cutting room at its Winterhaven Border Protection Station located at 3410 West Interstate 8, Winterhaven, CA 92283.

GENERAL PROVISIONS

The Contractor shall obtain all applicable permits and licenses to comply with all local, state and federal codes, laws and regulations pertaining to the work in this contract.

The Contractor shall obtain approval from the Border Station Manager prior to beginning work.

The Contractor shall furnish all materials, tools, equipment, parts and labor necessary to complete the work under this contract.

The Contractor shall read and comply with the California Department of Agriculture’s Injury and Illness

Prevention Policy (IIPP), CalOSHA guidelines, and follow any additional safety instructions provided by the Border Station Manager.

The Contractor shall take all reasonable measures to protect State and private properties from damage.

The Contractor shall clean up, haul away and dispose of all debris and trash resulting from the work under this contract.

The Contractor shall cooperate with the Border Station Manager to ensure continuation of operations of the facility during the term of the contract.

The Contractor shall provide a guarantee of work from the date of completion, for all work related to this contract, for one year.

All work shall be performed to code.

THE CONTRACTOR SHALL:

Provide all materials, form work, freeze protection materials, pumps or other equipment necessary to properly place the concrete slab.

WORK TO BE COMPLETED:

The top of the pad shall be located at the guide of the existing asphalt surface at the east side of the existing office. See Border Station Manager for the exact placement and approval prior to starting work.

Cut into existing asphalt a minimum 6” in depth

Prepare base to receive concrete level to surface

Compact base, if necessary, to a minimum of 3” thickness

Concrete to be reinforced with #4 rebar, 2’ on center

Pour concrete using 2,000 PSI standard mix, reinforced Portland Cement

Lay a concrete slab, 11’ x 13’ x 6” , to accommodate a 10’ x 12’ pre-fabricated cutting room

Concrete pad must be level and have finished surface

POST JOB APPROVAL

All work shall be subject to the approval of the Border Station Manager.

The Contractor shall repair, redo and/or rebuild any work performed under this contract determined to be unsatisfactory, at no additional to the State.

2. Bidder Minimum Qualifications

The Contractor must hold a C-8 – Concrete Contractor license and be registered with the Department of Industrial Relations (http://www.dir.ca.gov/Public-Works/PublicWorks.html).

The Contractor shall perform a commercially useful function relevant to this solicitation and provide services or goods that contribute to the fulfillment of the contract requirements.

To be considered the contractor/subcontractor must meet the following criteria:

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

Carries out the obligation by actually performing, managing, or supervising the work involved.

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

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

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

A contractor, subcontractor, or supplier will not be considered to perform a commercially useful function if the contractor's, subcontractor's, or supplier's role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed through solely to be qualified to submit a proposal or awarded the contract.

3. Bid Requirements and Information

A. Key Action Dates

It is recognized that time is of the essence. All bidders submitting bids are hereby advised of the following schedule and will be expected to adhere to the required dates and times.

IFB available to prospective bidders ................................................. January 25, 2016

Mandatory Pre-bid Walk-through .......................................................February 4 , 2016

Emailed questions must be received by 4:00 PM ............................... February 9, 2016

Sealed bids must be received no later than 2:00 PM ........................ February 16, 2016

Opening of Cost Proposal ................................................................ February 16, 2016

Notice of Proposed Award Date to occur 1-5 work days after “Opening of Cost Proposal”

B. Mandatory Pre-Bid Walk-Through

A mandatory walk-through of the facility where the services are needed will be required. The mandatory walk-through is scheduled on February 4, 2016 at 3510 West Interstate 8, Winterhaven, CA 92283. The walk-through will begin promptly at 1:00 PM and contractors arriving after this time will not be allowed to attend.

In the event a potential prime contractor is unable to attend the mandatory walk-through, an authorized representative may attend in their behalf. The representative may only sign-in for one (1) company.

Subcontractors may not represent a potential prime contractor at a pre-bid conference or walk-through. If this walk-through is mandatory, no bid will be accepted unless the bidder or his authorized representative was in attendance.

For contractors who need assistance due to a physical impairment, a reasonable accommodation will be provided, upon request, for the pre-bid conference or walk-through. The Contractor must call the contact person(s) listed below no later than the fifth working day prior to the scheduled date and time of the pre-bid conference/walk-through to arrange for a reasonable accommodation.

Michael Ebers, (760) 572-0291 Michelle Duran, (916) 403-6699 http://www.dir.ca.gov/Public-Works/PublicWorks.html

C. Contract Period

The term of this agreement is March 15, 2016 or upon final signature through July 30, 2016.

D. Option to Renew

There is no option to renew under this agreement.

E. Submission of Bid

1. All bids must be submitted under sealed cover and sent to the CDFA by date and time shown in the above Time Schedule. The sealed cover must be plainly marked with the IFB NUMBER AND TITLE, your firm’s name and address, and must be marked with "DO NOT OPEN." Bids not submitted under sealed cover may be rejected.

2. All documents requiring a signature must bear an original signature of a person authorized to bind the bidding firm. The signature must indicate the title or position that the individual holds in the firm. An unsigned bid may be cause for rejection.

3. Mail or deliver bids to the following address:

Postal Delivery/Hand Delivery California Department of Food and Agriculture Acquisitions Office 1220 N Street, Room 115 Sacramento, CA 95814

4. All bids shall include the documents identified in the Required Documents on Page 15 of this IFB. Bids not including the proper required documentation shall be deemed non-responsive and shall be rejected.

A non-responsive bid is one that does not meet the basic bid requirements.

5. Bids must be submitted for the performance of all the services described herein. Any deviation from the work specifications will not be considered and will cause a bid to be rejected.

6. A bid may be rejected if it is 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 all requirements if awarded the agreement.

7. Costs incurred for developing bids and in anticipation of award of the agreement are entirely the responsibility of the bidder and shall not be charged to the State of California.

8. A bidder may modify a bid after its submission by withdrawing its original bid and resubmitting a new bid prior to the bid submission deadline. Bidder modifications offered in any other manner, oral or written, will not be considered.

9. A bidder may withdraw its bid by submitting a written withdrawal request to the State, signed by the bidder or an authorized agent of their firm. A bidder may thereafter submit a new bid prior to the bid submission deadline. Bids may not be withdrawn without cause subsequent to bid submission deadline.

10. The awarding agency may modify this IFB prior to the date fixed for submission of bids by the issuance of an addendum to all parties who received an original bid package and who attended the mandatory walk-through, if applicable.

11. The awarding agency reserves the right to reject any and all bids. The agency is not required to award an agreement.

12. Before submitting a response to this solicitation, bidders should review, correct all errors and confirm compliance with the IFB requirements.

13. Where applicable, bidder should carefully examine work sites and specifications. Bidder shall investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered. No additions or increases to the agreement amount will be made due to a lack of careful examination of work sites and specifications.

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

15. Questions regarding this IFB must be emailed to Valerie Roberts at valerie.roberts@cdfa.ca.gov.

F. Evaluation and Selection

1. 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.

2. The State will evaluate each bid to determine its responsiveness to the published requirements.

3. Bids that contain false or misleading statements, or which provide references, which do not support an attribute or condition claimed by the bidder, may be rejected.

4. Award, if made, will be to the lowest responsive and responsible bid.

G. Award and Protest

1. Whenever an agreement is awarded under a procedure which provides for competitive bidding, but the agreement is not to be awarded to the low bidder, the low bidder shall be notified by telegram, electronic facsimile transmission, overnight courier, or personal delivery (five) working days prior to the award of the agreement.

2. Upon written request by any bidder, notice of the proposed award shall be posted in a public place in the office of the awarding agency at least (five) working days prior to awarding the agreement.

3. If any bidder, prior to the award of agreement, files a protest with the Department of General Services (DGS), Office of Legal Services, and the CDFA on the grounds that the (protesting) bidder is the lowest responsible bidder, the agreement shall not be awarded until either the protest has been withdrawn or the DGS has decided the matter.

4. Within (five) days after filing the initial protest, the protesting bidder shall file with the DGS and the

CDFA a detailed written statement specifying the grounds for the protest. The written protest must be sent to the DGS, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, California 95605. A copy of the detailed written protest should be mailed to CDFA, Acquisitions Office, 1220 N Street, Room 115, Sacramento, California 95814. It is suggested that you submit any protest by certified or registered mail.

H. Disposition of Bids

1. Upon bid opening, all documents submitted in response to this IFB will become the property of the

State of California, and will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and subject to review by the public.

2. Copies of the bid packages may be returned only at the bidder's expense, unless such expense is waived by the CDFA.

I. Agreement Execution and Performance

1. Service shall be available no later than (30) days, or on the express date set by the CDFA and the Contractor, after all approvals have been obtained and the agreement is fully executed. Should the Contractor fail to commence work at the agreed upon time, the CDFA, upon (five) days written notice to the Contractor, reserves the right to terminate the agreement. In addition, the Contractor shall be mailto:valerie.roberts@cdfa.ca.gov liable to the State for the difference between Contractor's bid price and the actual cost of performing work by the second lowest bidder or by another contractor.

2. All performance under the agreement shall be completed on or before the termination date of the agreement.

a. The State does not accept alternate contract language from a prospective contractor. The State’s General Terms and Conditions are not negotiable. (See sample Standard Agreement attached hereto).

J. Termination

The CDFA has the authority and express right to terminate any Agreement awarded under this IFB at any time during the term of the Agreement for any reason or if the CDFA finds that the Contractor's work is negligent, not satisfactory, or not in accordance with the Agreement requirements.

K. Preference Programs and Participation Requirements

Information, requirements and forms for the preference programs listed below can be found at the Internet web sites listed.

Note: These documents may not be required in all bid packages. Refer to Required Documents for documentation required by this IFB.

1. Certified Small Businesses and Microbusinesses Certification Benefits – Certified Small Businesses or Microbusinesses can claim the five percent (5%) preference when submitting a bid on a state contract. You must provide a copy of the official Certification letter along with your bid.

For information on small business and microbusiness certification benefits refer to the following DGS Website – http://www.pd.dgs.ca.gov/smbs/sbpref.htm

2. Target Area Contract Preference Act (TACPA) – www.pd.dgs.ca.gov/edip/tacpa.htm

3. Disabled Veteran Business Enterprise (DVBE)

4. DVBE Bid Incentive

Please look carefully at box (a) in this section. If the box is checked you must respond accordingly to the instructions in this section for your bid to be considered responsive.

a. Full Participation Requirements

This IFB has full participation goals for the Disabled Veteran Business Enterprise (DVBE) Program of (three) percent of the total bid cost. Bidders must meet the DVBE requirements in order to be considered a responsive bidder and be considered for contract award. Failure to meet the (three) percent goal will result in your bid being rejected. A copy of the DGS DVBE Certification letter must be included with your bid.

If the “Full Participation Requirement" box is checked, you will need to complete and comply with Method A-1 or A-2 of the attached form (Rev. 9/2009) titled “California Disabled Veteran Business Enterprise (DVBE) Program Requirements,” and include it with your Bid.

Specific information regarding the form (Rev. 9/2009), “California Disabled Veteran Business Enterprise (DVBE) Program Requirements,” can be found at the following website: www.pd.dgs.ca.gov.

(GOOD FAITH EFFORT IS NOT AN OPTION TO MEET THE DVBE PARTICIPATION GOAL.)

If for this agreement contractor made a commitment to achieve Disabled Veteran Business Enterprise (DVBE) participation, then contractor must within 60 days of receiving final payment under this agreement http://www.pd.dgs.ca.gov/smbs/sbpref.htm http://www.pd.dgs.ca.gov/edip/tacpa.htm http://www.pd.dgs.ca.gov/

(or within such other time period as may be specified elsewhere in this agreement) certify in a report to the awarding department: (1) the total amount the prime contractor received under the contract; (2) the name and address of the DVBE(s) that participated in the performance of the contract; (3) the amount each DVBE received from the prime contractor; (4) that all payments under the contract have been made to the DVBE(s); and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Military & Veterans Code (M&VC) § 999.5(d)).

Contractor understands and agrees that should award of this contract be based in part on their commitment to use the Disabled Veteran Business Enterprise (DVBE) subcontractor(s) identified in their bid or offer, per Military and Veterans Code 999.5(e), a DVBE subcontractor may only be replaced by another DVBE subcontractor and must be approved by the Department of General Services (DGS).

Changes to the scope of work that impact the DVBE subcontractor(s) identified in the bid or offer and approved DVBE substitutions will be documented by contract amendment.

5. Recycled Content Certification

The State of California is required to purchase recycled content products (RCPs) rather than non-recycled products whenever price, quality, and availability are comparable. Furthermore, each state agency is required to purchase RCPs in sufficient quantities to ensure that mandated RCP procurement goals are attained within eleven product categories. These eleven product categories and their respective minimum recycled content requirements are outlined in Attachment I. Therefore, if two bidders quote the same bid cost amount for services, the State will award the contract to the RCP certified contractor.

In order to help state agencies identify all reportable purchases and all the reportable RCP purchases, suppliers are mandated by the Public Contract Codes to certify the minimum, if not the exact, recycled content, both secondary and postconsumer material, in the products, materials, goods, and supplies offered or sold to the State. The Public Contract Codes require every supplier to certify the minimum, if not the exact recycled content, both secondary and postconsumer material, in the products, materials, goods, and supplies offered or sold to the State. A Recycled Content Certification Form (CIWMB 74C) is provided in Attachment I for this purpose. Additional information regarding this program can be obtained at the following web site:

www.calrecycle.ca.gov/BuyRecycled/StateAgency/.

http://www.calrecycle.ca.gov/BuyRecycled/StateAgency/

ADDITIONAL PROVISIONS

CONTRACT AND SUBCONTRACT COMPLIANCE REQUIREMENTS

The Contractor shall ensure its officers, agents and employees will fully cooperate with any/all investigations conducted by the Department of Food and Agriculture’s Equal Employment Opportunity and Human Resources Offices and will require the same of any subcontractors or consultants used pursuant to this agreement.

UNFAIR PRACTICES ACT

Contractor hereby certifies that he/she will comply with the requirements of Section 17200 of the Business and Professions Code.

CONFLICT OF INTEREST

Contractor certifies that its employees and the officers of its governing body shall avoid any actual or potential conflicts of interest, and that no officer or employee who exercises any functions or responsibilities in connection with this Agreement shall have any personal financial interest or benefit which either directly or indirectly arises from this Agreement.

Contractor shall establish safeguards to prohibit its employees or its officers from using their positions for a purpose which could result in private gain or which gives the appearance of being motivated for private gain for themselves or others, particularly those with whom they have family, business or other ties.

LICENSE AND PERMIT REQUIREMENTS

The Contractor shall be an individual or firm properly licensed to do business in California in accordance with the laws of the State of California, and shall obtain at his/her expense all license(s) and permit(s) required by law for accomplishing any work required in connection with this agreement.

If you are a Contractor located within the State of California, a business license from the city/county in which you are headquartered is necessary; however, if you are a corporation, a copy of your incorporation documents/letter from the Secretary of State’s Office can be submitted. If you are a Contractor outside the State of California, you will need to submit to the CDFA a copy of your business license or incorporation papers for your respective state showing that your company is in good standing in that state.

In the event any license(s) and/or permit(s) expire at any time during the term of this contract, Contractor agrees to provide agency a copy of the renewed license(s) and/or permit(s) within 30 days following the expiration date.

In the event the Contractor fails to keep in effect at all times all required license(s) and permit(s), the State may, in addition to any other remedies it may have, terminate this agreement upon occurrence of such event.

Licensed contractors must observe professional standards for quality work or the California Contractors State License Board will invoke disciplinary action.

Should the State of California determine that the work or materials provided vary materially from the specifications, or that defective work when completed was not performed in a workmanlike manner, then the Contractor warrants that he/she shall perform all necessary repairs, replacement and corrections needed to restore the property according to the agreement plans and specifications, all at no further or additional cost to the State of California.

DISPUTES

Any dispute concerning a question of fact arising under the terms of this agreement which is not disposed of within a reasonable period of time (ten business days) by the Contractor and CDFA Program Contract Manager normally responsible for the administration of this contract shall be brought to the attention of the Secretary of the CDFA or the designated representative and the Contractor for joint resolution.

INSURANCE REQUIREMENTS

Contractor shall comply with all requirements outlined in the (1) General Provisions section and (2) Contract Insurance Requirements outlined in this section. No payments will be made under this contract until contractor fully complies with all requirements.

1. General Provisions Applying to All Policies

a. Coverage Term – Coverage needs to be in force for the complete term of the contract. If insurance expires during the term of the contract, a new certificate must be received by the State at least ten

(10) days prior to the expiration of this insurance. Any new insurance must comply with the original contract terms.

b. Policy Cancellation or Termination & Notice of Non-Renewal – Insurance policies shall contain a provision stating coverage will not be cancelled without 30 days prior written notice to the State. New Certificates of insurance are subject to the approval of the Department of General Services and the Contractor agrees no work or services will be performed prior to obtaining such approval. In the event Contractor fails to keep in effect at all times the specified insurance coverage, the State may, in addition to any other remedies it may have, terminate this contract upon the occurrence of such event, subject to the provisions of this contract.

c. Premiums, Assessments and Deductibles – Contractor is responsible for any premiums, policy assessments, deductibles or self-insured retentions contained within their insurance program.

d. Primary clause – Any required insurance contained in this contract shall be primary and not excess or contributory to any other insurance carried by the State.

e. Insurance Carrier Required Rating – All insurance carriers must carry an AM Best rating of at least an “A-“with a financial category rating of no lower than VI. If the contractor is self-insured for a portion or all of its insurance, documentation of self-insurance must be submitted and approved by the Department of General Services, Office of Risk and Insurance Management.

f. Endorsements – Any required endorsements requested by the State must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance.

g. Inadequate Insurance – Inadequate or lack of insurance does not negate the contractor’s obligation under the contract.

h. Use of Subcontractors – In the case of Contractor’s utilization of subcontractors to complete the contracted scope of work, the contractor shall include all subcontractors as insured’s under Contractor’s insurance or supply evidence of subcontractor’s insurance to the State equal to policies, coverages and limits required of the Contractor.

2. Contract Insurance Requirements

Prime Contractor Insurance Requirements Contractor shall display on an Acord certificate of insurance evidence of the following coverages:

Commercial General Liability Insurance Contractor shall maintain general liability on an occurrence form with limits not less than $1,000,000 per occurrence for bodily injury and property damage liability combined with a $2,000,000 annual policy aggregate. A “per project aggregate” endorsement is required. The policy shall include coverage for liabilities arising out of premises, operations, independent contractors, products, completed operations, personal and advertising injury, and liability assumed under an insured contract. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the Contractor’s liability.

The policy must be endorsed to name The State of California, its officers, agents, employees and servants as additional insureds, but only with respect to work performed under this contract.

Automobile Liability Insurance Contractor shall maintain automobile liability insurance for limits not less than $1,000,000 combined single limit. Such insurance shall cover liability arising out of a motor vehicle including owned, hired, and non-owned motor vehicles.

Workers Compensation Insurance The Contractor shall have and maintain, for the term of this agreement, workers’ compensation insurance and shall furnish to the State a certificate of insurance evidencing workers’ compensation insurance and employer’s liability presently in effect with limits not less than $1,000,000 by an insurance carrier licensed to underwrite workers’ compensation insurance in California. Such certificate shall include the name of the carrier, policy inception and expiration dates. If the Contractor is self-insured for workers’ compensation, a certificate must be presented evidencing Contractor is a qualified self-insurer in the State of California. By signing this agreement, the Contractor hereby warrants that it carriers workers’ compensation insurance on all of its employees who will be engaged in the performance of this agreement.

If staff provided by the Contractor is defined as independent contractors, this clause does not apply.

The insurer waives any right of recovery the insurer may have against the State because of payments the insurer makes for injury or damage arising out of the work done under contract with the State. The waiver of Subrogation or Right to Recover endorsement in favor of the State of California must be attached to certificate.

Sub-Contractor Insurance Requirements Contractor shall display on an Acord certificate of insurance evidence of the following coverages:

Commercial General Liability Insurance Contractor shall maintain general liability on an occurrence form with limits not less than $1,000,000 per occurrence for bodily injury and property damage liability combined with a $2,000,000 annual policy aggregate. A “per project aggregate” endorsement is required. The policy shall include coverage for liabilities arising out of premises, operations, independent contractors, products, completed operations, personal and advertising injury, and liability assumed under an insured contract. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the Contractor’s liability.

The policy must be endorsed to name The State of California, its officers, agents, employees and servants as additional insureds, but only with respect to work performed under this contract

Automobile Liability Insurance Contractor shall maintain automobile liability insurance for limits not less than $1,000,000 combined single limit. Such insurance shall cover liability arising out of a motor vehicle including owned, hired, and non-owned motor vehicles.

Workers Compensation Insurance The Contractor shall have and maintain, for the term of this agreement, workers’ compensation insurance and shall furnish to the State a certificate of insurance evidencing workers’ compensation insurance and employer’s liability presently in effect with limits not less than $1,000,000 by an insurance carrier licensed to underwrite workers’ compensation insurance in California. Such certificate shall include the name of the carrier, policy inception and expiration dates. If the Contractor is self-insured for workers’ compensation, a certificate must be presented evidencing Contractor is a qualified self-insurer in the State of California. By signing this agreement, the Contractor hereby warrants that it carriers workers’ compensation insurance on all of its employees who will be engaged in the performance of this agreement.

If staff provided by the Contractor is defined as independent contractors, this clause does not apply.

The insurer waives any right of recovery the insurer may have against the State because of payments the insurer makes for injury or damage arising out of the work done under contract with the State. The waiver of Subrogation or Right to Recover endorsement in favor of the State of California must be attached to certificate.

LIABILITY AND DAMAGES

The Contractor shall be liable for any damages by the Contractor or his employees to portions of buildings, premises equipment, furniture, material, or other CDFA property. Damage resulting from the services provided will be repaired or items will be replaced by the Contractor to the satisfaction of the CDFA at no expense to the CDFA.

Any items lost or stolen while in the Contractor’s custody will be replaced by the Contractor at no expense to the

CDFA.

CHEMICAL APPLICATIONS

To safeguard both life and property, the Contractor will provide a list to the CDFA Project Manager of all chemicals to be issued on the site, prior to use, along with a copy of Material Safety Data Sheets (MSDS) for all chemicals used. Appropriate protective clothing and gear according to the label requirement and type of chemical used shall be provided by the Contractor and worn during application. All containers holding pesticides shall be properly labeled with the name and strength of the chemical and active ingredients. Pesticide and other toxic materials will NOT BE stored on CDFA property. Containers with any chemical residue shall NOT BE placed in CDFA receptacles. The Contractor shall appropriately dispose of containers. Contractor is responsible for adhering to all environmental laws regarding the proper disposal of water containing chemicals used in the process of providing services described in the contract.

MULTIPLE CONTRACTORS

The CDFA may undertake or award other contractors for additional work and the Contractor shall fully cooperate with other contractors and State employees.

SUBCONTRACTORS

Contractor shall obtain prior approval from CDFA before hiring subcontractors, consultants or both. The total amount of all subcontracts shall not exceed $50,000 or 25% of the total amount of the contract, whichever is less, unless the Contractor can provide certified documents that award was made through a competitive bidding process requiring at least three bids from responsible bidders.

All subcontractors identified shall be experts in their respective disciplines and capable of performing the tasks for which they were hired. Subcontractors shall have extensive experience in their area of expertise, with particular emphasis on prior experience on similar programs or projects that clearly illustrate their expertise in areas essential to the CDFA.

The Contractor must use the Small business and/or Disabled Veterans Business Enterprise (DVBE) subcontractor(s) identified in the Small Business/DVBE Participation Summary submitted with the bid unless the Contractor requests substitution in writing to the CDFA prior to the subcontractor performing any work and the CDFA approves such substitution.

POTENTIAL SUBCONTRACTORS

Nothing contained in this agreement or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve the Contractor of his responsibilities and obligations hereunder.

The Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor’s obligation to pay its subcontractors is an independent obligation from the State’s obligation to make payments to the Contractor. As a result, the State shall have no obligation to pay or to enforce the payment of any moneys to the subcontractor.

RIGHT TO BAR

The CDFA reserves the right to bar any Contractor’s or subcontractor’s employee from the worksite.

FORCED, CONVICT, AND INDENTURED LABOR

No foreign-made equipment, materials, or supplies furnished to the State pursuant to this contract may be produced in whole or in part by forced labor, convict labor, or indentured labor.

EMPLOYMENT OF UNDOCUMENTED ALIENS

No State agency, as defined in Public Contract Code Section 10357, that is subject to this code, shall award a public works contract to a bidder nor shall a bidder be eligible to bid for or receive a public works contract who has in the preceding five years been convicted of violating a State or Federal Law regarding the employment of undocumented aliens. See Public Contract Code Section 6101.

PUBLIC WORK - RULES/REGULATIONS

Contractor shall observe and comply with all federal, state, city and county laws, rules or regulations affecting the work. Any work done that does not comply with any laws, rules or regulations will be remedied at the Contractor’s expense.

ANTITRUST CLAIMS

In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. (See Government Code Section 4552).

If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. (See Government Code Section 4553).

Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. (See Government Code Section 4554).

STOP WORK NOTICE

Immediately upon receiving a written notice to stop work, Contractor shall cease all work under this Agreement.

PREVAILING WAGE PROVISION

In accordance with the provisions of the Labor Code, Section 1773, the prevailing rate of wages must apply.

Copies of the current rates are available from the State of California, Department of Industrial Relations. It is also available on the internet at: http://www.dir.ca.gov/DLSR/PWD/index.htm.

PROGRESS PAYMENTS-PUBLIC WORKS

Progress payments are permitted on contracts $10,000 or more. A faithful performance bond in the sum of not less than one-half of the total amount payable under the contract is required. Payments will not exceed 90 percent of the contract amount. Any funds so withheld may be paid upon completion of the project

PAYMENT BOND

When the contractual amount exceeds $25,000, Contractor shall provide a payment bond in the amount of 100% of the total amount of the Agreement within 15 calendar days of notification of award of Agreement. Failure to submit said bond shall constitute a breach of contract.

PERFORMANCE BOND

When the contractual amount exceeds $10,000 and progress payments will be made, Contractor shall provide a Performance Bond in the amount of 100% of the total amount of the Agreement within 15 calendar days of notification of award of Agreement. Said performance Bond shall be on a form from an authorized surety company and must guarantee Contractor's performance

FORCE MAJEURE

Except for defaults of any subcontractors, neither party shall be responsible for any delay in or failure of performance from acts beyond the control of the offending party. Such acts shall include, but shall not be limited to, acts of God, fire, flood, earthquake, other natural disaster, nuclear accident, strike, lockout, riot, freight embargo, public regulated utility, or governmental statutes or regulations superimposed after the fact. If a delay or failure in performance by the Contractor arises out of a default of its subcontractor, and if such default of its subcontractor, causes beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either of them, the Contractor shall not be liable for damages of such delay or failure, unless the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required performance schedule.

http://www.dir.ca.gov/DLSR/PWD/index.htm

REQUIRED DOCUMENTS

The following documentation must be submitted for your bid to be considered responsive.

Attachment A, Cost Proposal Bid Sheet

Attachment B, Contract Certification Clauses – CCC - 307

Attachment C, Contractor Status Form

Attachment D, Disabled Veterans Business Enterprise Participation Requirements

Attachment E, STD. 843 Disabled Veteran Business Enterprise Declarations and GSPD-05- 105 Bidder Declaration

Attachment F, Commercially Useful Function

Attachment G, Non-Collusion Affidavit, Notarized

Attachment H, Small Business Preference and Certification Request (For Construction Contractors Only)

Attachment I, Recycling Content Certification Darfur Contracting Act

Attachment J, Darfur Contracting Act

Copy of Business License, professional certifications or other credentials

If corporation, proof that business is in good standing and qualified to conduct business in California

If a nonprofit organization, proof of nonprofit status

If claiming "Small Business Certification" please attach certification

All required Standard (Std.) forms may be obtained at the following Department of General Services website:

http://www.dgs.ca.gov/dgs/ProgramsServices/Forms/FMC/Search.aspx http://www.dgs.ca.gov/dgs/ProgramsServices/Forms/FMC/Search.aspx

Attachment A

COST PROPOSAL

IFB NO. # 15-0246

Complete this form and submit in a sealed envelope in accordance with the requirements of this IFB.

Bidder proposes that the services required in this IFB shall be provided to CDFA for the following cost:

Cost Proposal for Installation of Radar Counting Systems and Wiring

Item

Total Cost

Labor Rate

X

Estimated Hours ________

*Travel

*Per Diem

**Materials: _________

Total Cost

*Travel/Per Diem shall not exceed State rates. Rates can be found at http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx.

**Provide a breakdown of material and other costs on Page 2 of Cost Proposal.

Submitted By

Company Name

Company Address

Telephone Number

Authorized Official and Title

By (Authorized Signature) Date http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx

Attachment A

Material Costs:

Other Costs:

Attachment B

CCC-307 – CONTRACTOR CERTIFICATION CLAUSES

CERTIFICATION

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.

Contractor/Bidder Firm Name (Printed)

Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

Date Executed Executed in the County of

CONTRACTOR CERTIFICATION CLAUSES

1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 8103)

(Not applicable to public entities.)

2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the

Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:

a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.

b. Establish a Drug-Free Awareness Program to inform employees about:

1) the dangers of drug abuse in the workplace;

2) the person's or organization's policy of maintaining a drug-free workplace;

3) any available counseling, rehabilitation and employee assistance programs; and,

4) penalties that may be imposed upon employees for drug abuse violations.

c. Every employee who works on the proposed Agreement will:

1) receive a copy of the company's drug-free workplace policy statement; and,

2) agree to abide by the terms of the company's statement as a condition of employment on the

Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)

3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against

Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor

Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.)

4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT:

Contractor hereby certifies that contractor will comply with the requirements of Section 6072 of the

Business and Professions Code, effective January 1, 2003.

Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.

Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services.

5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.

6. SWEATFREE CODE OF CONDUCT:

a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public

Contract Code Section 6108.

b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor’s compliance with the requirements under paragraph (a).

7. DOMESTIC PARTNERS: For contracts over $100,000 executed or amended after January 1, 2007, the contractor certifies that contractor is in compliance with Public Contract Code section 10295.3.

DOING BUSINESS WITH THE STATE OF CALIFORNIA

The following laws apply to persons or entities doing business with the State of California.

1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code §10410):

1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state…