IFB_6000001982.pdf

Invitation for Bid Bid No. 6000001982

STATE OF CALIFORNIA

DEPARTMENT OF CORRECTIONS

AND REHABILITATION

INVITATION FOR BID

BID NO. 6000001982

Date: February 5, 2016

The California Department of Corrections and Rehabilitation (CDCR), Inmate Ward Labor Program, hereafter referred to as the State, is inviting responses to this Invitation For Bid (IFB) entitled Concrete Pumping Services.

In accordance with the California Government Code and Americans with Disabilities Act, this IFB is available in a text-only format on a compact disc as a disability-related reasonable accommodation.

To discuss how to receive a copy of this IFB in the specified format or to request a different format, please contact the person identified below.

This IFB package contains the following documents (except as otherwise indicated). Please note that you must comply with the requirements contained in all of these documents.

Notice to Prospective Bidders

Bidder Acknowledgment/Certification (OBS 300)

Bid Submittal Checklist

Sample Standard Agreement (STD 213)

Scope of Work (Exhibit A)

Budget Details and Payment Provisions (Exhibit B)

Rate Sheet (Exhibit B-1) Electronically downloaded bid package includes an Excel spreadsheet file in addition to the PDF version (for additional information, see Exhibit B-1, first paragraph

General Terms and Conditions (Exhibit C) This document is incorporated in this bid package by reference only and is available on the Internet at http://www.documents.dgs.ca.gov/ols/GTC-610.doc .

http://www.documents.dgs.ca.gov/ols/GTC-610.doc

Invitation for Bid Bid No. 6000001982

If you do not have Internet access, you may request a hard copy of Exhibit C by contacting the contract analyst listed below.

Special Terms and Conditions (Exhibit D)

List of Participating Institutions/Facilities (Exhibit E)

California State Institutions Map (Exhibit F)

Prison Rape Elimination Policy-Volunteer/Contractor Information Sheet (Exhibit

G)

Standard Contractor Certification Clauses (CCC)

Payee Data Record (STD 204) and Supplemental Vendor Payee Data Record Form

Non-Small Business Preference Request and Subcontractor Acknowledgement

(OBS 555)

Darfur Contracting Act (OBS 1500)

Sample Certificate of Insurance

California DVBE Bid Incentive Instructions – Selecting Incentive Option

Bidder Declaration (GSPD-05-105)

DVBE Bid Incentive Request and Acknowledgement (OBS 554)

It is the opinion of the State that this IFB is complete and without need of explanation. However, if any documents are missing, or if you have any questions regarding this IFB, immediately contact the person identified below.

Marie Bevilaqua

(916) 255-5658

Marie.Bevilaqua@cdcr.ca.gov California Relay Service 1-800-735-2929

Notice to Prospective Bidders Bid No. 6000001982

THE STATE OF CALIFORNIA

Department of Corrections and Rehabilitation

NOTICE TO PROSPECTIVE BIDDERS

CONCRETE PUMPING SERVICES

Bid No. 6000001982

I. PROJECTED TIMETABLE

The following dates are set forth for informational and planning purposes only and are subject to change.

IFB Available to Prospective Bidders February 5, 2016

Letters of Inquiry Due 5:00 p.m., February 15, 2016

Submission of Bid/Public Bid Opening 2:00 p.m., March 1, 2016

Anticipated Date for Commencement of Services Upon Approval

(Groups 1, 2, 3, and 4)

Anticipated Date for Commencement of Services July 1, 2016 (Groups 5, 6, 7, 8, 9, and 10)

Termination of Agreement June 30, 2017 (All Groups)

II. FUNDING

The State estimates for this project are as follows:

Group 1. Calipatria State Prison/Centinela State Prison $100,000

Group 2. Chuckawalla Valley/Ironwood State Prison $100,000

Group 3. Richard J. Donovan $100,000

Group 4. Ventura Youth Correctional Facility $40,000

Group 5. California Institution for Men, California Institution for $300,000 Women and California Rehabilitation Center

Group 6. California State Prison, Los Angeles County $80,000

Group 7. Correctional Training Facility and Salinas Valley State $150,000 Prison

Group 8. Central California Women’s Facility and Valley State $250,000 Prison

Group 9. California Men’s Colony $250,000

Group 10.California Correctional Institution $150,000

III. BIDDER QUALIFICATIONS AND LICENSING REQUIREMENTS

Bidder qualifications and licensing requirements (if any) are specified in Exhibit A.

Unless otherwise stated, the bidder shall meet all qualifications and licensing requirements at the time of the bid opening.

IV. PROHIBITION ON TAX DELINQUENTS

Persons or companies identified as the largest tax delinquents by the Franchise Tax Board (FTB) or the Board of Equalization (BOE) under authority of Sections 7063 or 19195 of the Revenue and Taxation Code, shall be disqualified from the bidding process.

Pursuant to PCC §10295.4, contracts are void and unenforceable if a Contractor is included on tax delinquency lists.

(a) Notwithstanding any other law, a state agency shall not enter into any contract for the acquisition of goods or services with a contractor whose name appears on either list of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the Revenue and Taxation Code. Any contract entered into in violation of this subdivision is void and unenforceable.

(b) This section shall apply to any contract executed on or after July 1, 2012.

V. BIDDER RESPONSIBILITIES & THE BID PACKAGE

This bid is for multiple sites. Refer to Exhibit E, List of Participating Institutions/Facilities for all locations.

Bidders may submit bids for any and all Groups. Each Group is considered stand alone, and the lowest responsible bidder for each Group whose bid complies with all requirements prescribed herein shall be awarded the contract(s). When submitting bids, include the Exhibit B-1 that pertains to the Groups(s) you are bidding on. There will be a total of ten (10) separate contracts.

Bidders are solely responsible for understanding the scope of work and all requirements, terms, conditions, evaluation criteria, etc., before submitting a bid. If the language is unclear or ambiguous, it is the bidder’s responsibility to request clarification or assistance before submitting a bid. Please note that no verbal information will be binding upon the State unless the State issues such information in writing as an official addendum. If the IFB is modified prior to the final bid submission date, the State will issue an addendum to all bidders that received a bid package.

Bidder shall provide rate(s) on Rate Sheet (Exhibit B-1) and a copy of the Contractor’s Published Price List. Bidder shall set forth rates in clear, legible figures in the spaces provided in Exhibit B-1. Failure to provide the required rates shall be cause for rejection of your bid.

NOTE:

1. Any quantities listed on Exhibit B-1 are CDCR’s estimates only and are offered as a basis for the comparison of bids. The State does not expressly or by implication agree that the actual amount of work will correspond therewith and reserves the right to omit portions of the work as may be deemed necessary or advisable by the State.

2. In the case of a discrepancy between the Unit Price (e.g., Hourly Rate, Cost per

Service) and Item Total (e.g., Hourly Rate x Hours Worked = Item Total), the Unit Price shall prevail. However, if the Unit Price figure is ambiguous, illegible, uncertain, or is omitted, the Item Total shall be divided by the estimated usage (e.g., Hours Worked) to determine the Unit Price. In the case of a discrepancy between the Basis of Award and the sum of the Item Totals, the sum of the Item Totals shall prevail.

3. The amount of the total bid will be rounded up to the nearest whole dollar when the

Agreement documents resulting from this bid are prepared.

4. CDCR reserves the right to include additional institution(s) or delete institution(s), which no longer require this service. The additional institution(s) will be included in the appropriate Institution Group and the bid rate for that group shall apply.

All required documents listed in the Bid Submittal Checklist must be included within the sealed bid package. No bid will be considered unless it is submitted with the CDCR Bidder Acknowledgement/Certification form (OBS 300) and Exhibit B-1 Rate Sheet and is in conformance with the submission requirements of this IFB. Additionally, an original, signed copy of all pages of the Contractor Certification Clause (CCC) must be submitted to CDCR with the completed bid package. The State reserves the right to request clarification of any documents included with this bid.

The bid must be for the entire activity described herein. The State does not accept alternate contract language from a prospective Contractor. A bid with such language will be considered a counter proposal and will be rejected. Additionally, bids may be rejected if the bid proposal shows any alterations of form, additions not called for, a conditioned or incomplete bid, or erasures and/or irregularities of any kind. Any bid amounts changed after the amounts are originally inserted MUST be initialed in ink by the bidder.

Failure to submit required documentation may result in the rejection of your bid.

VI. BID SUBMITTAL

Sealed bids must be received no later than the time and date specified in the Projected Timetable (Section I of these instructions) at the designated address stated below.

MAIL DELIVERY,

HAND DELIVERY, or

OVERNIGHT MAIL:

California Department of Corrections and Rehabilitation Office of Business Services, Contracts Management Branch Attention: Marie Bevilaqua 9838 Old Placerville Road, Suite B-2 Sacramento, CA 95827

Any bid received at the above address after the Submission of Bid date and time specified in the Projected Timetable, Section I, will NOT be considered. It is the State's policy to make every effort to ensure that all bids have been received and properly time stamped; however, bidders are ultimately responsible for ensuring timely receipt of their bid. Bidders may verify receipt of their bid by contacting the person identified in the cover letter of this IFB prior to the Public Bid Opening.

Bids that are not properly marked may be disregarded. All completed bids and required documents shall be packaged and submitted in a sealed envelope to the address specified in the section entitled “Bid Submission Requirements”. The sealed envelope must be clearly marked "BID FOR CONCRETE PUMPING SERVICES - BID NO.

6000001982, ATTENTION: MARIE BEVILAQUA - DO NOT OPEN." Failure to do so may result in the premature opening of, or failure to open, your bid.

In submitting a bid, the bidder accepts the terms and conditions expressed herein.

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

A bidder may modify a bid after its submission by withdrawing the 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.

A bid may be withdrawn from consideration by submitting a written withdrawal request to the State, signed by the bidder or an authorized agent. Once opened by the State, the submitted bid is binding and may not be withdrawn without cause.

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 subject to review by the public.

VII. LETTERS OF INQUIRY

The purpose of these letters is to provide bidders the opportunity to ask questions and/or provide feedback to CDCR on the specifics of the IFB and/or DVBE requirements. While some input may be incorporated into the IFB, remarks and explanations submitted may not necessarily change provisions of the IFB. Any modifications to the IFB as a result of these inquiries will be documented by an addendum and forwarded to all bidders.

Any letters of inquiry must be submitted in writing to allow CDCR time to research and prepare a response. Submit your letter of inquiry by the date specified in the Projected Timetable Section I directly to Marie Bevilaqua, Contracts Management Branch, by any of the following:

Mail: 9838 Old Placerville Road, Suite B-2

FAX: (916) 255-6187

E-mail: Marie.Bevilaqua@cdcr.ca.gov

Inquiries received after this date will only be addressed at CDCR’s discretion.

VIII. PUBLIC BID OPENING

If you are planning to attend the public bid opening, you must notify the contact person listed in the cover letter of this IFB three (3) working days before the bid opening date specified in Section I – Projected Timetable. If you and/or your representative require reasonable accommodation to participate in the Public Bid Opening, you must contact the contract analyst identified in this package and identify what reasonable accommodation(s) is required for you to participate.

At the time of the public bid opening, the dollar amount of each bid shall be read. The contract award is subject to a complete review of the entire bid proposal for compliance and adherence to the IFB requirements, verification of all calculations and claimed preferences, and compliance with DVBE Mandatory participation requirements, if applicable.

IX. NONRESPONSIBLE BIDDER

If a previous Agreement with a prospective bidder was terminated for cause, the State reserves the right to hold a responsibility hearing before awarding the Agreement to determine if the bidder is responsible. The bid may be rejected if the State deems, at the conclusion of the responsibility hearing, that the bidder is not responsible.

X. BASIS FOR AWARD

The award of an Agreement, if it is to be awarded, will be made to the lowest responsible bidder whose bid complies with all requirements prescribed herein. In the event a bidder submits more than one (1) bid for the same institution/service under this bid process, the State shall select the lowest bid and reject all other bids from this bidder.

In the event of tie bids, except as provided in Government Code §14838(f), CDCR reserves the right to determine the bidder entitled to the contract award based on the percent of discount specified in Exhibit B-1, if applicable. If not applicable or if there is a discount tie, a coin toss or lot drawing will be used to determine the bidder entitled to the contract award. The coin toss or lot drawing will be officially witnessed and all affected bidders will be advised of the tiebreaker method and invited to attend.

The State is not required to award an Agreement and reserves the right to reject any and all bids and to waive any immaterial deviations in the bid. The State’s waiver of an immaterial deviation shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the Agreement.

The State intends to award one or more Agreements to the lowest responsible bidder(s).

The State reserves the right to award either 1) one Agreement for all institutions specified herein, 2) one Agreement per geographic group, e.g., Deuel Vocational Institute (DVI), Mule Creek State Prison (MCSP) and Sierra Conservation Center (SCC), or 3) one Agreement per institution. This determination will be based on what is in the best interests of the State.

XI. PROTEST AWARD

Information regarding the protest of an award may be found by going to www.ols.dgs.ca.gov/Contract+Manual/Chapters4through6.htm, under Chapter 6:

Contract Award Protests.

A protest to this bid must adhere to Public Contract Code (PCC) Section 10345.

The envelope containing the written protest must clearly state: "Protest Concerning IFB Number 6000001982 for the California Department of Corrections and Rehabilitation.” Protests MUST be filed with:

ORIGINAL COPY

HAND OR MAIL DELIVERY

Department of General Services Office of Legal Services Attn: Protest Coordinator 707 Third Street, 7th Floor West Sacramento, CA 95605

HAND OR MAIL DELIVERY

Department of Corrections and Rehabilitation Office of Business Services Contracts Management Branch 9838 Old Placerville Road, Suite B-2

XII. GENERAL PREVAILING RATE OF WAGES

In accordance with the provisions of Section 1774 of the California Labor Code, the Contractor and any subcontractors shall conform to the general prevailing rate of wages as determined by the Director of the Department of Industrial Relations. Copies of the wage rate determinations or any amendments thereto issued by the Director of the Department of Industrial Relations are on file with CDCR.

XIII. AGREEMENT EXECUTION

The Agreement will be executed only upon the State's acceptance of the Contractor's certificates of insurance, bonds, licenses, and permits, when such items are required.

Should the Contractor fail to commence work at the agreed-upon date and time, the State, upon five (5) days written notice to the Contractor, reserves the right to terminate the Agreement.

The successful bidder shall enter into an Agreement with the State, which will be prepared on a State of California Standard Agreement (STD 213 form, sample attached) and shall include from this IFB Exhibits A, B, B-1, C, D, E, F, and G.

This Agreement will not include a hard copy of the General Terms and Conditions for Private Contractors (Exhibit C), which is incorporated into the Agreement by reference only on the STD 213. Exhibit C and the CCC may be downloaded from the Internet at www.ols.dgs.ca.gov/standard+language and printed for your files. An original, signed copy of all pages of the CCC must be submitted to CDCR. Failure to submit a signed CCC may result in rejection of your bid.

After award, two (2) original Standard Agreements will be forwarded to the Contractor for signature. Upon receipt, the Contractor must sign each Agreement with an original signature and return all Agreements with any required documentation in accordance with http://www.ols.dgs.ca.gov/Contract+Manual/Chapters4through6.htm the time frame specified in the transmittal letter. In the event the State has not received the signed Agreements and the required documentation within the specified time frame, the award may be rescinded and awarded to the next lowest responsible bidder.

This Agreement is not valid unless and until approved by the Department of General Services, or, under its authority CDCR. The State has no legal obligation unless and until the Agreement is approved. Any work commenced by the Contractor prior to approval may be considered voluntary and the Contractor may have to pursue claim for payment by filing with the California Victim Compensation and Government Claims Board. When the Agreement is fully approved, a copy will be forwarded to you.

XIV. EXTENSION OF TERM

This Agreement may be amended to extend the term, if it is determined to be in the best interest of the State. Upon signing the amendment, Contractor hereby agrees to provide services for the extended period at the rates specified in the original Agreement.

XV. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PROGRAM

This IFB is exempt from the DVBE requirement. However, the State is committed to achieving legislatively established goals for the participation of DVBEs in all state contracting and seeks to use certified DVBE business whenever possible. Therefore, the State requests your voluntary participation in reporting any certified DVBEs, including yourself, that will be used in the performance of this Agreement.

XVI. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) INCENTIVE

CDCR is committed to meeting and exceeding the 3 percent goal for Disabled Veteran Business Enterprise (DVBE) participation in State contracting activities, set forth in Military and Veterans Code 999. The DVBE Incentive Program applies to all contracting activities for services including public works, construction, services, leasing, materials testing, and other related contracts. The DVBE incentive is applied during the evaluation process and is only applied to responsive bids from responsible bidders proposing DVBE participation. This incentive is for bid computation only.

To be eligible for the DVBE incentive, the business must:

1. Complete DVBE Incentive Request and Subcontractor Acknowledgement form

(OBS 554) and submit with bid proposal.

2. Have a completed DVBE application on file with DGS, OSDS by 5:00 p.m. on the date bids are due.

For certification and preference approval process information, contact the DGS OSDS by telephone at (916) 375-4940 or access the DGS OSDS Internet website at http://www.pd.dgs.ca.gov/dvbe/default.htm

Award Based on Low Price The incentive shall be equal to a bidder’s DVBE participation level (rounded to the nearest two decimal places).

http://www.pd.dgs.ca.gov/dvbe/default.htm

DVBE PARTICIPATION LEVEL INCENTIVE APPLIED

1.0 - 1.99% 1%

2.0 UP TO 2.99% 2%

3.0 UP TO 3.99% 3%

4.0 UP TO 4.99% 4%

5.0 UP TO 5.99% 5%

1. The incentive is subject to a minimum of one percent (1%) and a maximum of five percent (5%) and will not exceed $500,000. Bids with DVBE participation of more than five (5%) percent will be calculated with a five percent (5%) incentive.

2. Bidders with DVBE participation of less than the required percentage listed in the solicitation will be deemed non-responsive and eliminated from any further participation.

3. The Small Business Preference (five percent (5%) up to $50,000) may be combined with the DVBE incentive but will not exceed a combined total of $500,000.

4. The DVBE incentive is computed from the lowest responsive and responsible bid price.

XVII. SMALL BUSINESS PREFERENCE PROGRAM

Current law encourages state departments to first consider a Small Business (S/B) Enterprise / Microbusiness (M/B) Enterprise for contracting opportunities. CDCR is committed to supporting Small/Micro Business participation in state contracting and seeks to use certified Small/Micro Businesses whenever possible.

A Small/Micro Business enterprise is defined as a business certified by the Department of General Services (DGS), Office of Small Business and Disabled Veteran Business Enterprise Certification Services (OSDS) in which:

1. The principal office is located in California

2. The officers are domiciled in California

3. The business is independently owned and operated

4. The business, with any affiliates, is not dominant in its field of operation; and

a. For Small Business, either:

(1) The business, together with any affiliates, has 100 or fewer employees and averaged annual gross receipts of $14,000,000 or less over the previous three years, or

(2) The business is a manufacturer with 100 or fewer employees

b. For Micro Business, either:

(1) The business, together with any affiliates, has 25 or fewer employees and averaged annual gross receipts of $3,500,000 or less over the previous three years, or

(2) The business is a manufacturer with 25 or fewer employees.

Section 14835, et seq., of the California Government Code requires that a five percent (5%) preference be given to bidders who certify as a Small/Micro Business enterprise.

The rules and regulations of this law are contained in Title 2, California Code of Regulations, Section 1896, et seq. A copy of the regulation is available upon request.

To claim the Small/Micro Business preference, which may not exceed $50,000 for any bid, your firm must:

1. Have a completed application (including proof of annual receipts) on file with the

DGS, OSDS, by 5:00 p.m. on the date bids are due, and

2. Receipt of documents verified by such office.

Therefore, if you are a Small/Micro Business, but are not certified, it is to your advantage to become certified. For certification and preference approval process information, contact the OSDS by telephone at (916) 375-4940 or access the OSDS Internet website at www.pd.dgs.ca.gov/smbus/getcertified.htm.

XVIII. NON-SMALL BUSINESS PREFERENCE REQUEST

Pursuant to Title 2, CCR Section § 1896, et seq., and GC Section § 14838, et seq., a bid preference of five percent (5%) is available to a responsive non-small business claiming no less than twenty-five percent (25%), Small Business/Micro Business (SB/MB) subcontractor participation with one or more SB/MB enterprises. This preference is considered only if the tentative low bidder is not a certified SB/MB.

In granting the Non-Small Business Preference, no bid price will be reduced by more than $50,000. This preference cost adjustment is for bid evaluation purposes only and does not alter the actual cost offered by the bidder.

A non-small business is defined as a responsive/responsible bidder that is not certified by the DGS OSDS as a SB/MB enterprise.

To be eligible for the non-small business preference, the business prime vendor must complete and submit the Non-Small Business Preference Request and Subcontractor Acknowledgement form (OBS 555) with their bid proposal.

XIX. NONPROFIT VETERAN SERVICE AGENCY (NVSA) SMALL BUSINESS

PREFERENCE

Pursuant to Military and Veteran Code Section 999.50 et seq., Nonprofit Veteran Service Agencies (NVSAs) claiming Small/Micro Business preference and verified as such in the relevant category or business type, will be granted a preference of five percent (5%) of the lowest responsive bid, if the lowest responsive bid is submitted by a bidder not certified as a Small/Micro Business.

In granting Small/Micro Business preference to NVSAs, no bid will be reduced by more than $50,000. The preference cost adjustment is for computation purposes only and does not alter the actual cost offered by the bidder.

To be eligible for the NVSA Small/Micro Business Preference, the business concern must:

1. request preference at the time of bid submission, and

2. must possess a valid certification prior to bid submission.

http://www.pd.dgs.ca.gov/smbus/getcertified.htm

An SB/NVSA is not subject to the same standards as other certified Small/Micro businesses. SB/NVSA standards are identified in Military and Veterans Code Section 999.51(a) (3).

XX. IDENTIFICATION OF CONTRACTORS, SUBCONTRACTORS, CONSULTANTS:

SMALL/MICRO BUSINESS AND DVBES

CDCR must identify all contractors, subcontractors, and consultants who will provide labor or render services in the performance of this Agreement and further identify whether any of the listed subcontractors and consultants are a certified Small/Micro business, or a certified DVBE. Therefore, the bidder must complete a Bidder Declaration (GSPD-05-105). If any changes occur in the submitted original GSPD-05- 105, the Contractor shall notify the Office of Business Services (OBS), in writing within ten (10) working days of those changes, including any changes to Small/Micro business or DVBE status.

CDCR asks that you encourage any subcontractor(s) and/or consultant(s) not currently certified as a Small/Micro business or DVBE that may meet the certification requirements specified herein to become certified through the DGS, OSDS. Please provide those subcontractor(s)/consultant(s) the OSDS contact and certification information provided above.

If you are a certified Small/Micro business enterprise and fail to complete the Prime Contractor information of the CDCR Bidder Acknowledgement/Certification form (OBS 300), your business shall be classified as a large business, which will preclude your bid from receiving the five percent (5%) Small/Micro business preference and can cause incorrect reporting of Small/Micro business and large business participation by CDCR.

If you are a certified DVBE and fail to specify that information on the CDCR Bidder Acknowledgement/Certification form, (OBS 300) your business shall be classified as a large business, which will preclude your bid from receiving any range of the DVBE incentive and cause incorrect reporting of DVBE participation by CDCR.

XXI. BIDDER PROVIDING FACILITY(IES)

Bidders providing facility(ies) for their services must specify the complete address(es) of the facility(ies) where the services will be performed in the appropriate section on the Bidder Acknowledgement/Certification form (OBS 300) in the spaces provided.

The bidder hereby authorizes the State to insert the bidder’s facility(ies) as listed in the CDCR Bidder Acknowledgement/Certification form (OBS 300) into the contract Exhibit A Scope of Work.

Enclosures

Bidder Acknowledgement/Certification (OBS 300) Bid No. 6000001982 California Department of Corrections and Rehabilitation (CDCR)

The bidder hereby agrees to provide all labor, materials, supplies, licenses, permits, equipment and transportation necessary to perform all services required for the foregoing titled work in accordance with the Scope of Work, all Terms and Conditions, Disabled Veteran Business Enterprise (DVBE) requirements, if applicable, and such addenda thereto as may be issued before the public bid opening date, at the rates set forth by the bidder in Exhibit B-1, Rate Sheet. Exhibit B-1 Rate Sheet must be submitted with this Bidder Acknowledgement/Certification form.

Exhibit B-1 Rate Sheet shall remain in force for the stated term of this Agreement and shall include every item of expense, direct and indirect, including any taxes incidental to the specified rates.

By virtue of submitting this bid, the undersigned is accepting the terms and conditions expressed in this IFB. Any and all services performed outside the scope of this Agreement shall be at the sole risk and expense of the bidder.

COMPANY NAME:

STREET ADDRESS: P.O. BOX:

CITY, STATE AND ZIP CODE: CITY, STATE AND ZIP CODE:

TELEPHONE NUMBER: FAX NUMBER:

FEDERAL ID or SOCIAL SECURITY NUMBER: E-MAIL ADDRESS:

TAX STATUS [ ] Individual/Sole Proprietor [ ] Estate or Trust [ ] Partnership

[ ] Corporation (State in which incorporated _______) [ ] Other: ______________________

By signing this document, I CERTIFY UNDER PENALTY OF PERJURY, that I am duly authorized to legally bind the prospective proposer/bidder to the requirements of this bid document. This certification is made under the laws of the State of

California.

PRINT NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

SIGNATURE OF AUTHORIZED REPRESENTATIVE: DATE:

Bidding Preferences Claimed (Check only the preferences claimed)

Preferences: Certification Number/Expiration Date

DGS certified Small Business

DGS certified Micro Business

Non-Small Business Subcontractor Preference (committing use of 25% or more of DGS certified Small/Micro Business Subcontractors) include the OBS 555

DGS certified Disabled Veteran Business Enterprise

DVBE Incentive requested by bidder (include the completed OBS 554 with bid)

NVSA preference request

Check all that bidder is applying for: TACPA LAMBRA EZA Attach all applicable forms

Bidder Providing Facility(ies) If the bidder is supplying the facility(ies) for services, please specify the complete address(es) of the facility(ies) where services will be provided (use additional sheets if necessary). The bidder hereby authorizes the State to insert the bidder’s facility(ies) listed below into the Exhibit A Scope of Work.

Street Address, City, State, Zip Code

Street Address, City, State, Zip Code

BID SUBMITTAL CHECKLIST

CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION

INMATE WARD LABOR (IWL) PROGRAM

IFB No. 6000001982

Use this checklist to ensure that the documents identified below are included in your company’s bid package. Place a check mark or “X” next to each document being submitted to the State. Failure to submit these documents may be cause for rejection of your bid. This checklist should also be returned with your bid.

A complete bid will consist of the documents identified below.

NOTE TO BIDDER: The company name identified on all documents submitted to the State (e.g., licenses, permits, certifications) must be identical to the company name written on the Bidder

Acknowledgement/Certification (OBS 300). Failure to comply may cause delays in the award or result in the rejection of your bid.

_____ Bid Submittal Checklist (this checklist)

_____ Bidder Acknowledgement/Certification (OBS 300)

_____ Rate Sheets (Exhibit B-1)

_____ Payee Data Record (STD 204) and Supplement Vendor Payee Data Record Forms

_____ Copy of valid California city or county business license (if applicable) or, if a corporation is located within the State of California, incorporation documents or a letter from the Secretary of State or, if not a California business, an affidavit that the business is in good standing with the state, province, or country in which the business is headquartered.

_____ Copy of valid DMV Motor Carrier Permit for vehicles with GVWR of 10,000 pounds

_____ Contractor Certification Clauses (CCC)

_____ Darfur Contracting Act (OBS 1500)

_____ GSPD-05-105 Bidder Declaration

_____ DVBE Bid Incentive Request and Acknowledgement (OBS 554), if applicable

_____ Non-Small Business Preference Request and Subcontractor Acknowledgement (OBS 555), if applicable

NOTE TO BIDDER: In addition to the above, the Contractor shall furnish the following to CDCR upon award.

_____ Copy of Automobile Insurance Certificate

_____ Copy of Workers’ Compensation Certificate (if exempt, please cite the legal code that exempts you from this requirement.

_____ Copy of Commercial General Liability Insurance Certificate

STANDARD AGREEMENT

STD 213 (Rev 06/03) AGREEMENT NUMBER

REGISTRATION NUMBER

1. This Agreement is entered into between the State Agency and the Contractor named below:

STATE AGENCY'S NAME

CONTRACTOR'S NAME

2. The term of this through

Agreement is:

3. The maximum amount $ of this Agreement is:

4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement.

Exhibit A – Scope of Work page(s)

Exhibit B – Budget Detail and Payment Provisions page(s)

Exhibit C* – General Terms and Conditions

Check mark one item below as Exhibit D:

Exhibit - D Special Terms and Conditions (Attached hereto as part of this agreement) page(s)

Exhibit - D* Special Terms and Conditions

Exhibit E – Additional Provisions page(s)

Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.

These documents can be viewed at www.ols.dgs.ca.gov/Standard+Language

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

CONTRACTOR California Department of General Services Use Only

CONTRACTOR’S NAME (if other than an individual, state whether a corporation, partnership, etc.)

BY (Authorized Signature)

DATE SIGNED(Do not type)

PRINTED NAME AND TITLE OF PERSON SIGNING

ADDRESS

AGENCY NAME

BY (Authorized Signature)

DATE SIGNED(Do not type)

PRINTED NAME AND TITLE OF PERSON SIGNING Exempt per:

ADDRESS

S A M

P

LE

Bid Number 6000001982 California Department of Corrections and Rehabilitation (CDCR) Exhibit A

SCOPE OF WORK

INMATE/WARD LABOR PROGRAM

1. INTRODUCTION/SERVICES

This is an Agreement in which the Contractor shall provide all operators, labor, materials, equipment, supplies, licenses/permits, transportation, travel, per diem and every other item of expense necessary to pump concrete, on an “as-needed basis” for the California Department of Corrections and Rehabilitation (CDCR), Inmate/Ward

Labor Program (IWL) for locations listed in Exhibit E, List of Participating Institution/Facilities.

2. CONTRACTOR RESPONSIBILITES

The Contractor shall provide concrete pumping equipment and the operator on an “as needed basis” for pumping concrete. The CDCR shall be under no obligation to request specific equipment listed on Exhibit B-1, Rate Sheet attached herein.

Contractor will be notified twenty-four (24) hours in advance by the IWL Site Supervisor when services are required. The Contractor shall be required to provide services within forty-eight (48-hours) of notification of services requested. Services will not be requested for less than four (4) hours. Work is performed Monday through Friday between the hours of 7:00 a.m. and 3:30 p.m., unless otherwise arranged and mutually agreed upon between IWL Site Supervisor and the Contractor.

3. IWL RESPONSIBILITES

IWL will provide the concrete

IWL will coordinate the delivery of the concrete mix with the Contractor

4. LICENSE/PERMITS

The Contractor must possess and maintain, throughout the term of this agreement a valid Motor Carrier Permit (MCP) issued by the California Department of Motor Vehicles;

per the California Vehicle Code, Division 15 all authorized concrete pump trucks that have a 10,000 pound ( or more) gross vehicle weight rating (GVWR).

The Contractor shall provide a copy of a valid California city or county business license (if applicable) or, if a corporation is located within the State of California, incorporation documents or a letter from the Secretary of State or, if not a California business, an affidavit that the business is in good standing with the state, province, or country in which the business is headquartered.

5. PAYMENT

There will be no hourly compensation made over and above the amount shown on the

Rate Sheet for set-up/clean-up. Rate per hour for Equipment and Operator is identified as follows: The start time is the actual time the services are started at the job site and the end time is when the services are completed at the job site. Travel to the Institution and delays in entering and/or exiting is excluded from additional hourly compensation.

California Department of Corrections and Rehabilitation Bid Number 6000001982 SCOPE OF WORK Exhibit A

6. AMOUNT AWARDED

The CDCR is not obligated to expend the entire amount of this contract. The frequencies and/or quantities are estimates only and may be changed by the IWL Site Supervisor to meet the CDCR’s needs.

7. CANCELLATION

CDCR may cancel or change service needs at least twenty-four (24) hours before the scheduled reporting time by notification to the Contractor, without incurring any liability.

If CDCR cancels or changes a requested assignment for any reason, including Emergency Security Situations, such as a lockdown, less than twenty-four (24) hours before a scheduled reporting time, CDCR will pay the Contractor for two (2) hours of service at the rate specified in Exhibit B-1 Rate Sheet, Section A.

8. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION CONTACT

INFORMATION

Should questions or concerns arise during the term of this agreement, the Contractor should contact the following offices:

Billing/Scope of Work/Payment Issues/Performance Issues:

Facility Planning, Construction and Management Inmate/Ward Labor Contracts Unit

Groups 1 through 6

Attn: Rosa Cacho, IWL Contracts Analyst Rosa.Cacho@cdcr.ca.gov Phone Number: (916) 255-3025 Fax Number: (916) 255-3030

Groups 7 through 10

Attn: Kim Ismail, IWL Contracts Analyst Kim.Ismail@cdcr.ca.gov Phone Number: (916) 255-3365 Fax Number: (916) 255-3030

IWL Site Supervisor See Exhibit E, List of Participating Institutions/Facilities

General Contract Issues Office of Business Services Contracts Management Branch Phone Number: (916) 255-5624 Fax Number: (916) 255-6187 mailto:Rosa.Cacho@cdcr.ca.gov mailto:Kim.Ismail@cdcr.ca.gov

California Department of Corrections And Rehabilitation (CDCR) Exhibit B Budget Details and Payment Provisions

1. Invoicing and Payment

a. For services satisfactorily rendered, and upon receipt and approval of Contractor’s invoices, the State agrees to compensate the Contractor in accordance with the rates specified herein on Exhibit B-1 Rate Sheet, and made a part of this Agreement. Exhibit B-1 Rate Sheet shall remain in force for the stated term of this Agreement and shall include every item of expense, direct and indirect, including taxes incidental to the specified rates.

b. Invoices shall include the Agreement Number, Purchase Order Number and shall be submitted in triplicate not more frequently than monthly in arrears to the address provided below:

Groups 1 through 6

Inmate Ward Labor Program Attention: Rosa Cacho, Contract Analyst 9838 Old Placerville Road, Suite B Sacramento, CA 95827 Phone Number: (916) 255-3025 FAX Number: (916) 255-3030 Rosa.Cacho@cdcr.ca.gov

Groups 7 through 10 California Department of Corrections and Rehabilitation (CDCR) Inmate Ward Labor Program Attention: Kim Ismail, Contract Analyst 9838 Old Placerville Road, Suite B Sacramento, CA 95827 Phone Number: (916) 255-3187 FAX Number: (916) 255-3030 Kim.Ismail@cdcr.ca.gov

2. Budget Contingency Clause

a. It is mutually agreed that if the California State Budget Act for the current fiscal year and/or any subsequent fiscal years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor, or to furnish any other considerations under this Agreement, and Contractor shall not be obligated to perform any provisions of this Agreement.

b. If funding for the purposes of this program is reduced or deleted for any fiscal year by the California State Budget Act, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an Agreement amendment to Contractor to reflect the reduced amount.

3. Prompt Payment Clause

Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. Payment to small/micro businesses mailto:Rosa.Cacho@cdcr.ca.gov mailto:Kim.Ismail@cdcr.ca.gov

California Department of Corrections And Rehabilitation (CDCR) Exhibit B Budget Details and Payment Provisions shall be made in accordance with and within the time specified in Chapter 4.5, Government Code 927 et seq.

4. 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 Contractor’s 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 any subcontractor.

5. Advanced Payment for Non-Profit Organizations

Pursuant to Government Code Section (GC) 11019, upon review and approval of CDCR, the Contractor may request an advance payment for the fiscal year(s) covered by this agreement, which shall not exceed twenty five percent (25%) of the annual budget for each fiscal year. The CDCR will review and determine the need for an advance payment using the criteria contained in the department’s procedures for advance payments to Community-Based, Private, Non-Profit Organizations, CDCR shall recover one-twelfth (1/12) of the advance payment each month by the reduction of monthly invoices submitted for payment by the Contractor in accordance with the project budget amount for each fiscal year of the agreement.

6. Bidder Acknowledgement/Certification (OBS 300)

The Contractor hereby agrees to provide all labor, materials, supplies, licenses, permits, equipment and transportation necessary to perform all services required for the foregoing titled work in accordance with the Scope of Work and all Terms and Conditions

Any and all services performed outside the scope of this Agreement will be at the sole risk and expense of the Contractor.

Rate Sheet

Bid Number 6000001982

Exhibit B-1

A. 85' Boom (or equivalent)

1. Rate per hour for Equipment & Operator hr. X 60 hours =

2. Rate per yard X 1000 yards (est.) =

3. Total Fee for Setup/Cleanup & Round Trip Travel X 6 Trips =

ITEM A SUBTOTAL (Add 1 thru 3) =

B. 100' Boom (or equivalent)

1. Rate per hour for Equipment & Operator hr. X 60 hours =

2. Rate per yard X 1000 yards (est.) =

3. Total Fee for Setup/Cleanup & Round Trip Travel X 5 Trips =

ITEM B SUBTOTAL (Add 1 thru 3) =

C. 120' Boom (or equivalent)

1. Rate per hour for Equipment & Operator hr. X 50 hours =

2. Rate per yard X 1000 yards (est.) =

3. Total Fee for Setup/Cleanup & Round Trip Travel X 6 Trips =

ITEM C SUBTOTAL (Add 1 thru 3) =

GROUP 1 - Calipatria State Prison & Centinela State Prison

CONCRETE PUMPING SERVICES

NOTE: Bidder is required to bid each item. Rates must include all fees and taxes. 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 at no cost to the State.

Electronic bid packages include an Excel version of the Rate Sheet (Exhibit B-1) in addition to the PDF file in order to assist bidders in computing accurate totals. Bidders should download the Excel version and complete all highlighted cells. Bidders should include a Compact Disk or diskette of the completed Excel version of the

Rate Sheet along with the printed version when submitting their bid.

Inmate Ward Labor Program

Any quantities listed on Exhibit B-1 are CDCR's estimates only and are offered as a basis for comparison of bids. The State does not expressly or by implication agree that the actual amount of work will correspond therewith and reserves the right to omit portions of the work as may be deemed necessary or advisable by the

State.

Bid Number 6000001982

Exhibit B-1

D. Maximum 1" aggregate hose pump

1. Rate per hour for Equipment & Operator hr. X 50 hours =

2. Rate per yard X 1000 yards (est.) =

3. Total Fee for Setup/Cleanup & Round Trip Travel X 5 =

ITEM D SUBTOTAL (Add 1 thru 3) =

E. 3/8" Pea gravel line hose pump

1. Rate per hour for Equipment & Operator hr. X 50 hours =

2. Rate per yard X 500 yards (est.) =

3. Total Fee for Setup/Cleanup & Round Trip Travel X 3 =

ITEM E SUBTOTAL (Add 1 thru 3) =

F. Grout pump

1. Rate per hour for Equipment & Operator hr. X 50 hours =

2. Rate per yard X 500 yards (est.) =

3. Total Fee for Setup/Cleanup & Round Trip Travel X 3 =

ITEM F SUBTOTAL (Add 1 thru 3) =

GROUP 1- TOTAL BID AMOUNT (Add Subtotals A through F) =

Discount offered on invoices to be paid within 30 days of receipt = %

TOTAL BID AMOUNT -$

BASIS OF AWARD

Contractor may offer a discount on invoices in order for the invoices to be pad within 30 days of receipt

Discount offered must be at least one-half of one perent and a minimum of $50.00.

In the event of a tie absent other determining factors, the lowest responsible bid with the highest discount shall prevail.

Bid Number 6000001982

Exhibit B-1

A. 85' Boom (or equivalent)

1. Rate per hour for Equipment & Operator hr. X 60 hours =

2. Rate per yard X 1000 yards (est.) =

3. Total Fee for Setup/Cleanup & Round Trip Travel X 6 Trips =

ITEM A SUBTOTAL (Add 1 thru 3) =

B. 100' Boom (or equivalent)

1. Rate per hour for Equipment & Operator hr. X 60 hours =

2. Rate per yard X 1000 yards (est.) =

3. Total Fee for Setup/Cleanup & Round Trip Travel X 6 Trips =

ITEM B SUBTOTAL (Add 1 thru 3) =

C. 120' Boom (or equivalent)

1. Rate per hour for Equipment & Operator hr. X 60 hours =

2. Rate per yard X 1000 yards (est.) =

3. Total Fee for Setup/Cleanup & Round Trip Travel X 6 Trips =

ITEM C SUBTOTAL (Add 1 thru 3) =

CONCRETE PUMPING SERVICES

NOTE: Bidder is required to bid each item. Rates must include all fees and taxes. 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 at no cost to the State.

Electronic bid packages include an Excel version of the Rate Sheet (Exhibit B-1) in addition to the PDF file in order to assist bidders in computing accurate totals. Bidders should download the Excel version and complete all highlighted cells. Bidders should include a Compact Disk or diskette of the completed Excel version of the

Rate Sheet along with the printed version when submitting their bid.

Inmate Ward Labor Program

Any quantities listed on Exhibit B-1 are CDCR's estimates only and are offered as a basis for comparison of bids. The State does not expressly or by implication agree that the actual amount of work will correspond therewith and reserves the right to omit portions of the work as may be deemed necessary or advisable by the

State.

GROUP 2 - Chuckawalla Valley & Ironwood State Prison

Bid Number 6000001982

Exhibit B-1

D. Maximum 1" aggregate hose pump

1. Rate per hour for Equipment & Operator hr. X 60 hours =

2. Rate per yard X 1000 yards (est.) =

3. Total Fee for Setup/Cleanup & Round Trip Travel X 6 =

ITEM D SUBTOTAL (Add 1 thru 3) =

E. 3/8" Pea gravel line hose pump

1. Rate per hour for Equipment & Operator hr. X 60 hours =

2. Rate per yard X 500 yards (est.) =

3. Total Fee for Setup/Cleanup & Round Trip Travel X 6 =

ITEM E SUBTOTAL (Add 1 thru 3) =

F. Grout pump

1. Rate per hour for Equipment & Operator hr. X 50 hours =

2. Rate per yard X 500 yards (est.) =

3. Total Fee for Setup/Cleanup & Round Trip Travel X 3 =

ITEM F SUBTOTAL (Add 1 thru 3) =

GROUP 1- TOTAL BID AMOUNT (Add Subtotals A through F) =

Discount offered on invoices to be paid within 30 days of receipt = %

Contractor may offer a discount on invoices in order for the invoices to be pad within 30 days of receipt

Discount offered must be at least one-half of one perent and a minimum of $50.00.

In the event of a tie absent other determining factors, the lowest responsible bid with the highest discount shall prevail.

TOTAL BID AMOUNT -$

BASIS OF AWARD

Bid Number 6000001982

Exhibit B-1

A. 85' Boom (or equivalent)

1. Rate per hour for Equipment & Operator hr. X 80 hours =

2. Rate per yard X 1000 yards (est.) =

3. Total Fee for Setup/Cleanup & Round Trip Travel X 6 Trips =

ITEM A SUBTOTAL (Add 1 thru 3) =

B. 100' Boom (or equivalent)

1. Rate per hour for Equipment & Operator hr. X 60 hours =

2. Rate per yard X 1000 yards (est.) =

3. Total Fee for Setup/Cleanup & Round Trip Travel X 6 Trips =

ITEM B SUBTOTAL (Add 1 thru 3) =

C. 120' Boom (or equivalent)

1. Rate per hour for Equipment & Operator hr. X 50 hours =

2. Rate per yard X 1000 yards (est.) =

3. Total Fee for Setup/Cleanup & Round Trip Travel X 6 Trips =

ITEM C SUBTOTAL (Add 1 thru 3) =

GROUP 3 - Richard J. Donovan

CONCRETE PUMPING SERVICES

NOTE: Bidder is required to bid each item.