IFB.DVBEWaiver.1CA03219.pdf

STATE OF CALIFORNIA - THE NATURAL RESOURCES AGENCY Edmund G Brown Jr., Governor

CONSERVATION IS WISE-KEEP CALIFORNIA GREEN AND GOLDEN

PLEASE REMEMBER TO CONSERVE ENERGY. FOR TIPS AND INFORMATION, VISIT “FLEX YOUR POWER” AT WWW.CA.GOV

DEPARTMENT OF FORESTRY AND FIRE PROTECTION

P.O. Box 944246

SACRAMENTO, CA 94244-2460

(916) 653-7772 Website: www.fire.ca.gov

Invitation for Bid Notice to Prospective Bidders

May 17, 2016

You are invited to review and respond to this Invitation for Bid (IFB), entitled IFB #1CA03219, Hazardous Waste Removal and Disposal Services. In submitting your bid, you must comply with these instructions.

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions and Contractor Certification Clauses that may be viewed and downloaded at Internet sites http://www.documents.dgs.ca.gov/ols/GTC-610.doc and www.documents.dgs.ca.gov/ols/CCC-307.doc respectively. If you do not have Internet access, a hard copy can be provided by contacting the person listed below.

In the opinion of Department of Forestry and Fire Protection (CAL FIRE), this Invitation for Bid is complete and without need of explanation. However, if you have questions, or should you need any clarifying information, the contact person for this IFB is:

Sarah Best Department of Forestry and Fire Protection

P.O. Box 944246 Sacramento, CA 94244-2460

(916) 324-0205 Sarah.Best@fire.ca.gov

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

Sarah Best Acquisitions Analyst http://www.fire.ca.gov/ http://www.documents.dgs.ca.gov/ols/GTC-610.doc http://www.documents.dgs.ca.gov/ols/CCC-307.doc

#1CA03219 Hazardous Waste Removal and Disposal

Table of Contents

A) Purpose and Description of Services

B) Bidder Minimum Qualifications

C) Bid Requirements and Information

1. Key Action Dates

2. Mandatory Pre-Bid Teleconference

3. Mandatory Walk-Through

4. Written Questions and Answers

5. Submission of Bid

6. Evaluation and Selection

7. Award and Protest

8. Disposition of Bids

9. Agreement Execution and Performance

D) Program Requirements and Incentives

1. Disabled Veteran Business Enterprise (DVBE) Program Requirement

2. Disabled Veteran Business Enterprise (DVBE) Incentive

3. Commercially Useful Function

4. Declaration Forms

5. CAL FIRE Advocates

E) Preference Programs

1. Small Business Preference

F) Required Attachments

1. Required Attachment Checklist

2. Bid/Bidder Certification Sheet

3. Cost Sheet

4. STD 843 Disabled Veteran Business Enterprise Declarations

5. GSPD-05-105 Bidder Declarations

6. Darfur Contracting Act

7. Payee Data Record (STD204)

8. Contractor Certification Clauses (CCC-307)

9. Proof of Prime Bidder’s Minimum Requirements

G) Sample Agreement

1. STD213 Sample Standard Agreement

2. Scope of Work

3. Budget Detail and Payment Provisions

4. Rate Sheet

5. Special Terms and Conditions

6. Additional Provisions

7. Camp Access…………………………………………………………………………………………………….34

A) Purpose and Description of Services

1. The Department of Forestry and Fire Protection (CAL FIRE) is in need of hazardous waste removal and disposal services for four (4) of its locations within its Mendocino Unit (MEU).

2. Contractor shall provide all materials, labor, equipment, tools, permits, taxes, fees, and documentation necessary for the removal, and disposal of hazardous waste items at the listed facilities, as further detailed in the Sample Agreement, beginning on page 21. Service is required for the removal of waste material stored in tanks and 55 gallon drums.

B) Bidder Minimum Qualifications

1. The Prime Bidder must be either an individual or firm currently licensed to do business in California and provide proof of such as required in Attachment 1, Required Attachment Checklist.

2. The Prime Bidder must have a business license or incorporation papers for their respective State showing that their company is in good standing in that state, if the Prime Bidder’s base of operation is located outside the State of California and provide proof of such as required in Attachment 1, Required Attachment Checklist.

3. The Prime Bidder must be currently registered to transport hazardous waste in California from the California Department of Toxic Substances Control and provide proof of their Hazardous Waste Transporter registration as required in Attachment 1, Required Attachment Checklist (page 9).

C) Bid Requirements and Information

1. Key Action Dates

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

Event Date Time

IFB available to prospective bidders 05/17/16

Questions 05/23/16 2:00 p.m.

Final Date for Bid Submission 05/31/16 2:00 p.m.

Bid Opening 05/31/16 2:00 p.m.

Notice of Intent to Award 06/01/16

Proposed Award Date 06/08/16

Anticipated Contract Start Date 07/01/16

2. Written Question and Answer Period

Potential Bidders may submit written questions regarding the bid by 2:00 P.M. on May 23, 2016. All questions should be e-mailed in writing to Sarah.Best@fire.ca.gov. NO QUESTIONS will be entertained after May 23, 2016.

3. Submission of Bid

A. All bids must be submitted under sealed cover and sent to Department of Forestry and Fire Protection (CAL

FIRE) by dates and times shown in Section C, Bid Requirements and Information, Item 1) Key Action Dates, (page 3). The sealed cover must be plainly marked with the IFB number and title, must show your firm name and address, and must be marked with "DO NOT OPEN", as shown in the following example:

Your Firm Name Your Street Address/PO Box # Your City, State and Zip Code

IFB #1CA03219

Hazardous Waste Removal and Disposal Attention: Sarah Best Department of Forestry and Fire Protection

Sacramento, CA 94244-2460

DO NOT OPEN

Bids not submitted under sealed cover may be rejected. A minimum of 2 copies of the bid must be submitted.

Mail or deliver bids to the following address:

U.S. Postal Service Deliveries Hand Deliveries (UPS, Express Mail, Federal Express)

Department of Forestry and Fire Protection Department of Forestry and Fire Protection Business Services, Contract Office Business Services, Contract Office P.O. Box 944246 1300 U Street Sacramento, CA 94244-2460 Sacramento, CA 95818-1414

B. All bids shall include the documents identified in Section F, Required Attachment Checklist (see page 9).

Bids not including the proper "required attachments" shall be deemed non-responsive. A non-responsive bid is one that does not meet the basic bid requirements.

C. All documents requiring a signature must bear an original signature of a person authorized to bind the bidding firm.

D. 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.

E. 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 reject any or all bids and may waive an immaterial deviation in a mailto:Sarah.Best@fire.ca.gov bid. The State's waiver of immaterial deviation shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the agreement.

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

G. An individual who is authorized to bind the bidder contractually shall sign the Bid/Bidder Certification Sheet, page 11. The signature should indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected.

H. 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.

I. A bidder may withdraw its bid by submitting a written withdrawal request to the State, signed by the bidder or an authorized agent. 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.

J. The awarding agency may modify the IFB prior to the date fixed for submission of bids by the issuance of an addendum to all parties who received a bid package.

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

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

M. 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.

N. The State does not accept alternate contract language from a prospective contractor. A bid with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable. The GTC may be viewed at Internet site www.dgs.ca.gov/contracts.

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

P. Bidder must complete and submit to the awarding agency the Payee Data Record (STD 204), to determine if the Contractor is subject to state income tax withholding pursuant to California Revenue and Taxation Code Sections 18662 and 26131. This form can be found on the Internet at http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf under the heading STANDARD FORMS; select “Forms Search”, and enter the form number “204”. No payment shall be made unless a completed STD 204 has been returned to the awarding agency.

Q. Bidder must sign and submit to the awarding agency, page one (1) of the Contractor Certification Clauses

(CCC), which can be found on the Internet at www.documents.dgs.ca.gov/ols/CCC-307.doc.

4. Evaluation and Selection

A. 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.

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

C. 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.

http://www.dgs.ca.gov/contracts http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

D. Award if made, will be to the lowest responsive responsible bidder.

E. In the event of a tie score, the award will be determined by a coin toss. The coin toss will be held in the

State Agency’s headquarters area office. This is a public event, which the bidders will be invited to attend.

The selection of the Contractor will be at the sole discretion of the State.

5. Award and Protest

A. 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 (5) working days prior to the award of the

B. 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 (5) working days prior to awarding the agreement

C. If any bidder, prior to the award of agreement, files a protest with the Department of General Services, Office of Legal Services, 707 Third Street, 7 th Floor, Suite 7-330, West Sacramento, CA 95605 and the

Department of Forestry and Fire Protection on the grounds that the (protesting) bidder is the lowest responsive responsible bidder, the agreement shall not be awarded until either the protest has been withdrawn or the Department of General Services has decided the matter.

D. Within five (5) days after filing the initial protest, the protesting bidder shall file with the Department of

General Services and the awarding agency a detailed written statement specifying the grounds for the protest. The written protest must be sent to the Department of General Services, Office of Legal Services, 707 Third Street, 7 th Floor, Suite 7-330, West Sacramento, California 95605. A copy of the detailed written statement should be mailed to the awarding agency. It is suggested that you submit any protest by certified or registered mail.

6. Disposition of Bids

A. 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

B. Bid packages may be returned only at the bidder's expense, unless such expense is waived by the awarding agency.

7. Agreement Execution and Performance

A. Performance shall start not later than the express date set by the awarding agency 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 awarding agency, upon five (5) days written notice to the Contractor, reserves the right to terminate the agreement. In addition, the Contractor shall be 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.

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

D) Program Requirements and Incentives

1. The DVBE Program requirement for this solicitation has been waived; however, the DVBE Incentive still applies.

2. Disabled Veteran Business Enterprise (DVBE) Incentive

In accordance with section 999.5(a) of the Military and Veterans Code, an incentive will be given to bidders who exceed the DVBE program requirement. For evaluation purposes only, the State shall apply an incentive to bids that propose California certified DVBE participation as identified on the Bidder Declaration GSPD-05-105 and confirmed by the State. The incentive amount for awards based on low price will vary in conjunction with the percentage of DVBE participation.

The following incentive award will apply. Incentive points will be applied to the non-cost points section for evaluation purposes.

Confirmed DVBE Participation of: DVBE Incentive

5% or Over 5%

4% to 4.99% Inclusive 4%

3% to 3.99% Inclusive 3%

2% to 2.99% Inclusive 2%

1% to 1.99% Inclusive 1%

For awards based on low price, the net bid price of responsive bids will be reduced (for evaluation purposes only) by the amount of DVBE incentive as applied to the lowest responsive net bid price. If the lowest responsive, responsible bid is a California certified small business, the only bidders eligible for the incentive will be California certified small businesses.

An explanation of the Disabled Veteran Enterprise Program (DVBE) Incentive can be found at the Internet web site http://www.pd.dgs.ca.gov/dvbe/dvbeincentive.

3. Commercially Useful Function

Only State of California, Office of Small Business and DVBE Services certified DVBEs who perform a commercially useful function relevant to this solicitation, may be used to satisfy the DVBE program requirements. Bidders are to verify each DVBE subcontractor’s certification with OSDS to ensure DVBE eligibility.

Definition of Commercially Useful Function: California Code of Regulations, Title 2, § 1896.61(l) The term "DVBE contractor, subcontractor or supplier" means any person or entity that satisfies the ownership (or management) and control requirements of §1896.61(f); is certified in accordance with §1896.70; and provides services or goods that contribute to the fulfillment of the contract requirements by performing a commercially useful function.

As defined in MVC §999, a person or an entity is deemed to perform a "commercially useful function" if a person or entity does all of the following:

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.

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 in order to obtain the appearance of disabled veteran business enterprise participation.

The CAL FIRE Advocates listed herein can be contacted to provide assistance in identifying DBVE vendors that may perform a commercially useful function applicable to the scope of this solicitation.

http://www.pd.dgs.ca.gov/dvbe/dvbeincentive

4. Declaration Forms

Complete the Bidder Declaration GSPD-05-105 and include it with the bid response. When completing the declaration, bidders must identify all subcontractors proposed for participation in the contract. Bidders awarded a contract are contractually obligated to use the subcontractors for the corresponding work identified unless the State agrees to a substitution and it is incorporated by amendment to the contract. This form is located at http://www.documents.dgs.ca.gov/pd/poliproc/MASTER-BidDeclar08-09.pdf

If applicable, bidders who have been certified by California as a DVBE (or who are bidding rental equipment and have obtained the participation of subcontractors certified by California as a DVBE) must also submit a completed form(s) STD. 843 (Disabled Veteran Business Enterprise Declaration). All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign the form(s). This form is located at http://www.documents.dgs.ca.gov/pd/poliproc/STD-843FillPrintFields.pdf

At the State’s option prior to award, bidders may be required to submit additional written clarifying information.

Failure to submit the requested written information as specified may be grounds for bid rejection.

5. CAL FIRE Advocates

CAL FIRE Small Business and Disabled Veteran Business Enterprise Advocates are available to answer questions regarding the SB/DVBE Programs and Incentives and to help identify possible SB/DVBE vendors.

CAL FIRE ADVOCATES:

Marie Ramos (916) 324-1177 Marie.Ramos@fire.ca.gov McKensie Pimley (916) 323-0470 McKensie.Pimley@fire.ca.gov

E) Preference Programs

The following Preference Programs can be applied for qualifying bidders.

1. Small Business Bid Preference

As an incentive, a non-small business prime contractor who uses certified small business subcontractors for at least 25% of its net bid price is eligible for a bid preference of five percent (5%) of the lowest responsible bid when competing against another non-small business. A prime contractor who is a small business is eligible for the five percent bid preference. For more information: http://www.dgs.ca.gov

F) Required Attachments

Refer to the following pages for additional Required Attachments that are a part of this solicitation.

http://www.documents.dgs.ca.gov/pd/poliproc/MASTER-BidDeclar08-09.pdf mailto:Marie.Ramos@fire.ca.gov mailto:McKensie.Pimley@fire.ca.gov http://www.dgs.ca.gov/

ATTACHMENT 1

Bidder’s Company Name:

REQUIRED ATTACHMENT CHECK LIST

A complete bid or bid package will consist of the items identified below.

Complete this checklist to confirm the items in your bid. Place a check mark or “X” next to each item that you are submitting to the State. For your bid to be responsive, all required attachments must be returned. This checklist should be returned with your bid package also.

Attachment Attachment Name/Description

_____ Attachment 1 Required Attachment Checklist

_____ Attachment 2 Bid/Bidder Certification Sheet

_____ Attachment 3 Cost Sheet

_____ Attachment 4 STD 843 Disabled Veteran Business Enterprise Declarations *

_____ Attachment 5 GSPD-05-105 Bidder Declaration

_____ Attachment 6 DARFUR Contracting Act (CAL FIRE 720)

_____ Attachment 7 Payee Data Record (STD 204)

_____ Attachment 8 Contractor Certification Clauses (CCC-307) www.documents.dgs.ca.gov/ols/CCC-307.doc

_____ Attachment 9 Proof of:

1. The Prime Bidder must be either an individual or firm currently licensed to do business in California.

2. The Prime Bidder has a business license or incorporation papers for their respective State showing that their company is in good standing in that state, if the Prime Bidder’s base of operation is located outside the State of California.

3. The Prime Bidder must be currently registered to transport hazardous waste in California from the California Department of Toxic Substances Control and provide proof of their Hazardous Waste Transporter registration.

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

ATTACHMENT 2

BID/BIDDER CERTIFICATION SHEET

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

Do not return Sections A through E, page 11, or the "Sample Agreement" at the end of this IFB.

A. Our all inclusive bid is submitted as detailed in Attachment 3, Cost Sheet.

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

C. I have read and understand the DVBE participation requirements and have included documentation demonstrating that I have met the participation goals.

D. The signature affixed hereon and dated certifies compliance with all the requirements of this bid document.

The signature below authorizes the verification of this certification.

An Unsigned Bid/Bidder Certification Sheet May Be Cause For Rejection

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

3. Address

E-mail Address:

5. Partnership

Indicate your organization type: 4. Sole Proprietorship

6. Corporation 6a. L.L.C. Limited Liability Corporation

Indicate the applicable employee and/or corporation number:

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

9. Indicate applicable license and/or certification information:

10. Bidder’s Name (Print) 11. Title

12. Signature 13. Date

14. Are you certified with the Department of General Services, Office of Small Business and DVBE Certification as:

a. California Small Business Enterprise Yes No Yes No

If yes, enter certification number:

a. Disabled Veteran Business Enterprise Yes No

If yes, enter certification number:

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

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

Completion Instructions for Bid/Bidder Certification Sheet

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

Item Number s

Instructions

1, 2, 2a, Must be completed. These items are self-explanatory.

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

The sole proprietor is solely liable for all the debts of the business.

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

6, 6a

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

Enter your federal employee tax identification number.

Enter your corporation number assigned by the California Secretary of State’s Office. This information is used for checking if a corporation is in good standing and qualified to conduct business in California.

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

10, 11, 12, 13

Must be completed. These items are self-explanatory.

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

ATTACHMENT 3

COST SHEET

A B C

Description of Item U/M Estimated

Annual Services

Cost per Unit of

Measure* Annual Cost

Non-RCRA Waste, Liquids (Waste Oil, Hydraulic and Transmission fluids) Gallon

2,645 x $ = $

Waste Anti-Freeze / Coolant Gallon 1,075 x $ = $

Waste Solvent Gallon 25 x $ = $

Non-RCRA Waste, Solids Drum 4 x $ = $

Oil and Fuel Filters, Drained Drum 8 x $ = $

RCRA Hazardous Wastes (Listed wastes {F,K,P,U lists}, Ignitable, Corrosive Liquid, Reactive, Toxic, and has not been delisted or excluded) Drum

4 x $ = $

Misc. Hazardous Waste Drum 5 x $ = $

Oily Rags Drum 3 x $ = $

Paint Drum 3 x $ = $

Flammable Debris Drum 2 x $ = $

Shop Hoist Oily Water Removal Service 1 x $ = $

Empty Drum Drum 4 x $ = $

Total = $

10% Additional Cost for Service (Multiply Total Cost by 10%) = $

Total = $

3-Year Term x 3

Total 3-Year Term Cost = $

*All applicable costs must be included in the ‘Cost per Unit of Measure’ for each service detailed above (e.g. service cost, supplies, labor, taxes, licenses, fees, etc.)

Note: Cost quotes with zero-dollar line-items may be rejected. Please provide a ‘Cost per Unit of Measure’ for all line-item services.

Submitted by: ____________________________________________ Date: _________________

Contact Name / Title:

Company Name:

Company Address:

Telephone Number:

Fax Number:

E-Mail Address:

The Total Costs indicated above will be used solely for computing the cost as a fair and equitable formula to determine the low bidder and is not binding on the contracting agency. Small Business and Disabled Veteran Business Enterprise incentives will also apply to determine the low bid. However, the actual costs quoted above by the bidder shall be binding for the term of the Agreement. Estimated quantities are not guaranteed and may exceed or be less than estimated quantities used for bid purposes.

ATTACHMENT 4

(if applicable)

STD 843 Disabled Veteran Business Enterprise Declarations

Bidders who are disabled veteran (DV) owner(s) and DV manager(s) of a Disabled Veteran Business Enterprise must complete STD 843 Disabled Veteran Business Enterprise Declarations when a DVBE contractor or subcontractor will provide materials, supplies, services or equipment and include it with the bid response.

The STD 843 Disabled Veteran Business Enterprise Declarations form can be found at:

If you do not have internet access, please contact Sarah Best at Phone (916) 324-0205.

THE REST OF THIS PAGE IS BLANK

ATTACHMENT 5

BIDDER DECLARATION FORM (GSPD-05-105)

All bidders’ must complete the Bidder Declaration Form (GSPD-05-105) and include it with the bid response.

The Bidder Declaration Form can be found at:

ATTACHMENT 6

STATE OF CALIFORNIA

DEPARTMENT OF FORESTRY AND FIRE PROTECTION

DARFUR CONTRACTING ACT VENDOR CERTIFICATION

CAL FIRE-720 (New 2/11) (Page 1 of 2)

DARFUR CONTRACTING ACT VENDOR CERTIFICATION

Pursuant to Public Contract Code Section 10478, if a bidder or proposer currently, or within the previous three years, has had business activities or other operations outside of the United States, it must certify that it is not a “scrutinized company” as defined in Public Contract Code Section 10476 (see attached definition).

Therefore, to be eligible to submit a bid or proposal, please complete the company/vendor information and one of the three following clauses (NOTE: Clause #1 requires initials only; Clause #2 requires initials only;

Clause #3 requires initials and a certification signature):

DATE

FEDERAL ID NUMBER

PRINTED COMPANY / VENDOR NAME

PRINTED NAME AND TITLE OF AUTHORIZED PERSON INITIALING AN OPTION BELOW

Complete ONLY ONE of the following:

1. _____ We do not currently have, and have not had within the previous three (3) years, business

Initials activities or other operations outside of the United States.

only

OR

2. _____ We are a scrutinized company as defined in Public Contract Code Section 10476, but we Initials have received written permission from the Department of General Services (DGS) to submit only a bid or proposal pursuant to Public Contract Code Section10477(b). A copy of the written permission from DGS is included with our bid or proposal.

OR

3. _____ We currently have, or we have had within the previous three (3) years, business activities Initials or other operations outside of the United States, but we certify below that we are not a + scrutinized company as defined in Public Contract Code Section 10476.

certification below

CERTIFICATION for #3 I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective proposer/bidder to the clause listed above in #3. This certification is made under the laws of the State of California.

BY (AUTHORIZED SIGNATURE)

PRINTED NAME AND TITLE OF AUTHORIZED PERSON SIGNING

DATE EXECUTED

EXECUTED IN THE COUNTY AND STATE OF

ATTACHMENT 7

PAYEE DATA RECORD (STD 204)

All bidders’ must complete the Payee Data Record (STD 204) and include it with the bid response.

The Payee Data Record (STD 204) is available at the following website:

ATTACHMENT 8

CONTRACTOR CERTIFICATION CLAUSES (CCC - 307)

All bidders’ must complete the Contractor Certification Clauses Form (CCC - 307) and include it with the bid response.

The Contractor Certification Clauses Form (CCC - 307) is available at the following website:

ATTACHMENT 9

Bidder Minimum Qualifications Proof

All bidders’ must complete the Bidder Minimum Qualification documentation and include it with the bid response:

1. Proof that the Prime Bidder is an individual or firm currently licensed to do business in California.

2. Proof that the Bidder’s business license or incorporation papers for their respective State showing that their company is in good standing in that state, if the Prime Bidder’s base of operation is located outside the State of California.

3. The Prime Bidder must be currently registered to transport hazardous waste in California from the California Department of Toxic Substances Control and provide proof of their Hazardous Waste Transporter registration as required in Attachment 1, Required Attachment Checklist (page 10).

G. Sample Agreement

The following 16 pages represent a sample of the agreement that will be awarded, if any, from this IFB.

Please review it carefully and present any questions in writing to the contact person identified on the cover letter for this IFB.

STATE OF CALIFORNIA AGREEMENT NUMBER

STANDARD AGREEMENT 1CA03219

STD 213 (Rev 06/03) 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 Agreement is:

Upon Approval by the Department of General Services/Office of Legal Services through 3 – Year Term

3. The maximum amount of this Agreement is: $0.00

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 1 page(s)

Attachment 1 – Detailed Scope of Work 1 page(s)

Attachment 2 – Current Usage by Location 1 page(s)

Attachment 3 – Locations Requiring Services

Exhibit B – Budget Detail and Payment Provisions 1 page(s)

Attachment 1 – Rate Sheet 1 page(s)

Exhibit C* – General Terms and Conditions GTC 610

Exhibit D – Special Terms and Conditions 2 page(s)

Exhibit E – Additional Provisions 3 page(s)

Attachment 1 – SB/DBVE Subcontractor Payment Certification 1 page(s)

Exhibit F – Camp Access 3 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 http://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

STATE OF CALIFORNIA

AGENCY NAME

BY (Authorized Signature)

DATE SIGNED(Do not type)

PRINTED NAME AND TITLE OF PERSON SIGNING Exempt per:

ADDRESS

SAMPLE AGREEMENT

http://www.ols.dgs.ca.gov/Standard+Language

Department of Forestry and Fire Protection

EXHIBIT A

(Scope of Work)

SCOPE OF WORK

1. Contractor agrees to provide to the Department of Forestry and Fire Protection (CAL FIRE) Hazardous Waste

Removal and Disposal services as described herein:

Contractor shall provide all materials, labor, equipment, tools, permits, taxes, fees, and documentation necessary for the removal, and disposal of waste items at the listed facilities. Service is required for the removal of waste material stored in tanks and 55 gallon drums.

Current need levels are indicated in Exhibit A, Attachment 2, Current Annual Usage by Location. The contractor agrees to increase or decrease service quantity and frequency based on fluctuations in work demands, as directed by the CAL FIRE Project Representative.

The Contractor must have an active valid registration to transport hazardous waste in California from the California Department of Toxic Substance Control for the duration of the contract.

The Agreement may be amended to increase services at the rate(s) specified in Exhibit B.

2. The services shall be performed at The services shall be performed at various locations throughout the CAL FIRE Northern Region as listed in Exhibit A, Attachment 3, List of Locations.

3. The services shall be provided during normal business hours, 8:00am to 5:00pm Monday through Friday, excluding any recognized State holidays. Actual work schedule and service frequency shall be coordinated by the CAL FIRE Project Representative.

4. The Project Representatives during the term of this agreement will be:

State Agency: Forestry and Fire Protection Contractor:

Name: Name:

Phone: Phone:

Fax: Fax:

Email: Email:

Direct all inquiries to:

State Agency: Forestry and Fire Protection Contractor:

Section/Unit: Business Services – Contract Unit Section/Unit:

Attention: Sarah Best Attention:

Address: P.O. Box 944246 Sacramento, CA 94244-2460

Address:

Phone: (916) 324-0205 Phone:

Fax: (916) 323-1888 Fax:

Email: Sarah.Best@fire.ca.gov Email:

Department of Forestry and Fire Protection

EXHIBIT A, Attachment 1 (Detailed Scope of Work)

DETAILED SCOPE OF WORK

1. Contractor will provide all personnel, labor, tools, equipment, materials, permits, licenses, fees, and documentation necessary for the removal, and disposal of hazardous waste items at the listed facilities.

A. Services shall be performed no less than every 90 days, as needed per EPA regulations, or upon service call from the CAL FIRE Project Representative. Contractor shall respond within 72 hours of a service call.

B. Contractor agrees to handle, pump, remove, transport and recycle all waste in accordance with all applicable

Federal, State and Local laws and regulations.

C. Contractor agrees to provide any Material Safety Data Sheet, Bill of Lading and Material Manifest for each removal as required by Federal, State and Local laws and regulations.

D. Contractor agrees to provide collection containers for waste items as requested by CAL FIRE Project

Representative.

E. Contractor agrees to provide current registration for Hazardous Waste Transportation with the California Department of Toxic Substances Control.

Department of Forestry and Fire Protection

EXHIBIT A, Attachment 2

(Current Usage by Location)

CURRENT ANNUAL USAGE BY LOCATION

The current need levels may change based on fluctuation in work demands. The estimated quantities below will be used solely as reference and is not binding on the contracting agency. This section may change to include only those service area(s) awarded to the low bidder.

Unit MEU 113

Location U/M

(M E

U H

Q

(J D

S F

(C h a m b e rl a in C

C

(P a rl in

F o rk

C C

Non-RCRA Waste, Liquids (Waste Oil, Hydraulic and Transmission Fluids gal 1000 15 550 1080

Waste Anti-Freeze / Coolant gal 220 400 455

Waste Solvent gal 10 10 5

Non-RCRA Waste, Solids 55 gal drum

2 2

Oil and Fuel Filters, Drained

55 gal drum

6 2

RCRA Hazardous Wastes (Listed wastes {F,K,P,U lists}, Ignitable, Corrosive liquid, Reactive, Toxic, and has not been delisted or excluded)

55 gal drum

Misc. Hazardous Waste 55 gal drum

2 1 1 1

Oily Rags 55 gal drum

2 1

Paint 55 gal drum

1 1 1

Flammable Debris 55 gal drum

1 1

Shop Hoist Oily Water Removal Service 1

Empty Drum 55 gal drum

1 1 1 1

Department of Forestry and Fire Protection

EXHIBIT A, Attachment 3 (Locations Requiring Services)

Mendocino Unit (MEU- 113)

MEU Headquarters Mobile Equipment Jackson Demonstration State Forest

17501 North Highway 101 Willits, CA 95490

802 North Main Street Fort Bragg, CA 95437

Chamberlain Creek Conservation Camp Parlin Fork Conservation Camp

15800 Highway 20 Fort Bragg, CA 95437

23000 Highway 20 Fort Bragg, CA 95437

Department of Forestry and Fire Protection

EXHIBIT B

(Budget Detail and Payment Provisions)

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Invoicing and Payment

A. For services satisfactorily completed in accordance with the terms and conditions stated herein, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified as attached hereto as Exhibit B, Attachment 1 “Rate Sheet” and made a part of this Agreement.

B. The contractor shall submit, in arrears, not more frequently than once a month, and no less than quarterly, an invoice to CAL FIRE for cost incurred pursuant to the agreement. In addition, each invoice shall contain the following information:

1) The agreement number (1CA03219).

2) The dates or time-period which the invoiced costs were incurred.

3) Description of service, quantity, rate, and total for the current invoice.

4) Certified Small Business or DVBE # if applicable.

C. Invoices shall be submitted to:

California Department of Forestry and Fire Protection

Attention: XXXXX Street Address/P.O. Box

City, State, Zip Phone Number

Email

2. Budget Contingency Clause

A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent 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 any fiscal year is reduced or deleted by the Budget Act for purposes of this program, 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. In the event of an emergency, as defined in section 927.11, late payment penalties may not apply. Specific to the California Department of Forestry and Fire Protection (CAL FIRE), if an invoice from a business under contract with CAL FIRE becomes subject to late payment penalties during the annually declared fire season, then the required payment approval date shall extend thirty (30) calendar days beyond the initial forty-five (45)-day period, except in the case of a contract with a certified small business, a certified Disabled Veteran Business Enterprise, a non-profit organization, or a non-profit public benefit corporation.

Department of Forestry and Fire Protection

EXHIBIT B, Attachment 1 (Rate Sheet)

RATE SHEET

Cost will be computed based on Cost per Unit of Measure, table provided below: This section may change to include only those service area(s) awarded to the low bidder.

Item Unit of Measure Cost per

Unit of Measure

Non-RCRA Waste, Liquids (Waste Oil, Hydraulic and Transmission fluids)

Gallon $

Waste Anti-Freeze / Coolant Gallon $

Waste Solvent Gallon $

Non-RCRA Waste, Solids Gallon $

Oil and Fuel Filters, Drained Gallon $

RCRA Hazardous Wastes (Listed wastes {F,K,P,U lists}, Ignitable, Corrosive Liquid, Reactive, Toxic, and has not been delisted or excluded)

Drum $

Misc. Hazardous Waste Drum $

Oily Rags Drum $

Paint Drum $

Flammable Debris Drum $

Shop Hoist Oily Water Removal Service $

Empty Drum Drum $

Department of Forestry and Fire Protection

EXHIBIT D

(Special Terms and Conditions)

SPECIAL TERMS AND CONDITIONS

1. Excise Tax

The State of California is exempt from federal excise taxes, and no payment will be made for any taxes levied on employees' wages. The State will pay for any applicable State of California or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to this Agreement. California may pay any applicable sales and use tax imposed by another state.

2. Settlement of Disputes

In the event of a dispute, within ten (10) days of discovery of the problem contractor shall file a "Notice of Dispute" with:

Attention: Contracts Manager

Within ten (10) days of CALFIRE receiving contractor's notice, the contracts manager or designee shall advise contractor of the findings and recommend a method to resolve the dispute. Decision of the contracts manager or designee shall be final.

In the event of a dispute, the language contained within this Agreement shall prevail over any other language including that of the bid proposal.

3. Right to Terminate (SCM 7.85)

The State reserves the right to terminate this agreement subject to thirty (30) days written notice to the Contractor.

Contractor may submit a written request to terminate this agreement only if the State should substantially fail to perform its responsibilities as provided herein.

However, the agreement can be immediately terminated for cause. (Refer to GTC, Exhibit C, Item 7. Termination for Cause)

4. 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 any subcontractor.

5. Evaluation of Contractor

Performance of the Contractor under this Agreement will be evaluated. The evaluation shall be prepared on Contract/Contractor Evaluation Sheet (STD 4), and maintained in the Agreement file. For consultant agreements, a copy of the evaluation will be sent to the Department of General Services, Office of Legal Services, if it is negative and over $5,000.

Department of Forestry and Fire Protection

EXHIBIT D

(Special Terms and Conditions)

6. Agency Liability

The Contractor warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the State shall, in addition to other remedies provided by law, have the right to annul this Agreement without liability, paying only for the value of the work actually performed, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

7. Force Majeure

Neither party shall be liable to the other for any delay in or failure of performance, nor shall any such delay in or failures of performance constitute default, if such delay or failure is caused by “Force Majeure.” As used in this section, “Force Majeure” is defined as follows: Acts of war and acts of God such as earthquakes, floods, and other natural disasters such that performance is impossible.

8. Contractor Name Change

Contractor shall provide a written notice to the State at least thirty (30) days prior to any changes to the Contractor’s current legal name.

Department of Forestry and Fire Protection

EXHIBIT E

(Additional Provisions)

ADDITIONAL PROVISIONS

1. Insurance Requirements

A. General Provisions Applying to All Policies

1) 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.

2) 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.

3) The Department will not provide for nor compensate Contractor for any insurance premiums or costs for any type or amount of insurance.

4) When Contractor submits a signed contract to the State, Contractor shall furnish to the State a certificate of insurance stating that all required insurance is in effect for the Contractor.

B. General and Commercial Liability Insurance

Contractor shall provide commercial general liability insurance of not less than $1,000,000 per occurrence for bodily injury and property damage liability combined in effect for the Contractor.

The certificate of insurance will include provisions 1, and 2, in their entirety:

1) That the insurer will not cancel the insured’s coverage without 30 days prior written notice to the State.

2) That the State of California, its officers, agents, employees, and servants are included as additional insured, but only insofar as the operations under this contract are concerned.

Contractor agrees that the bodily injury liability insurance herein provided for shall be in effect at all times during the term of this contract. In the event said insurance coverage expires at any time or times during the term of this contract, Contractor agrees to provide at least 30 days prior to said expiration date, a new certificate of insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of the contract, or for a period of not less than one year. New certificates of insurance are subject to the approval of the Department of General Services, and Contractor agrees that no work or services shall be performed prior to the giving of such approval. In the event the Contractor fails to keep in effect at all times insurance coverage as herein provided, the State may, in addition to any other remedies it may have, terminate this contract upon occurrence of such event.

C. Worker’s Compensation Insurance

Contractor shall provide Worker’s Compensation Insurance with Waiver of Subrogation in favor of the State of California. Employer’s liability shall be not less than $1,000,000.00. The following clause should be included:

"Waiver of Subrogation in favor of the State of California or in favor of CALFIRE:" By signing this Agreement, the Contractor hereby warrants that it carries Workers’ Compensation Insurance on all of its employees who will be engaged in the performance of this Agreement. If Staff provided by the Contractor is defined as independent contractors, this clause does not apply.

Department of Forestry and Fire Protection

D. Commercial Automobile Insurance on Owned, Hired, and/or Non-Owned vehicles.

Contractor shall provide Commercial Automobile Insurance on Owned, Hired, and/or Non-Owned vehicles of not less than $1,000,000.00 policy.

E. Environmental Liability

Contractor shall provide Pollution Liability covering the contractor’s liability for bodily injury, property damage and environmental damage resulting from pollution and related cleanup costs incurred arising out of the work or services to be performed under this contract. Limits of not less than $1,000,000 per occurrence shall be provided.

Coverage shall be provided for work performed on site, during transportation and as well for proper disposal of hazardous materials.

2. Regulations

A. 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.

B. Contractor shall cooperate with the CALFIRE authorities and shall observe and comply with all regulations presently in force on CALFIRE grounds.

3. License and Permits

A. The Contractor shall be an individual or firm currently licensed to do business in 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 contract.