IFB-_Placer_Welldocx.docx
DOCX document 578 KB Posted
- Attached to
- PLACER WELL ABANDONMENT AND SITE CLOSURE
- Solicitation number
- C5630BAQ
- Issued by
- Placer County, Anaheim City, California
About this file
This is an Invitation for Bid (IFB) issued by the California Conservation Corps for well abandonment and site closure at the Placer Center in Auburn, CA. The scope includes preparing a well abandonment and site closure work plan, completing well abandonment and site restoration for nine groundwater monitoring wells and ten shallow vapor monitoring wells, and submitting required documentation to the Geotracker database. A mandatory walk-through is scheduled for February 18, 2016 at 10:00am, with bids due February 29, 2016 at 2:00pm. The term of the contract runs through June 30, 2016.
The contractor must possess a C57 Well Drilling Contractors License and have a licensed Professional Geologist or Professional Engineer to sign off on destruction reports. The California Conservation Corps strongly encourages Small Business and Disabled Veteran Business Enterprise participation. The contractor is responsible for all permits, waste storage and disposal, and proper documentation of procedures. Contractors must be registered with the Department of Industrial Relations for this public works project, and the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
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CALIFORNIA CONSERVATION CORPS
1719 24th Street, Sacramento, CA 95816 www.ccc.ca.gov
February 3, 2016
INVITATION FOR BID
PLACER WELL ABANDONMENT AND SITE CLOSURE
IFB #C5630BAQ
NOTICE TO PROSPECTIVE BIDDERS
Bid Opening: February 29, 2016 @2:00pm Mandatory Walkthrough: February 18, 2016 @ 10:00am You are invited to review and respond to this Invitation for Bid (IFB) titled;
PLACER WELL ABANDONMENT AND SITE CLOSURE
In submitting your bid, you must comply with the instructions and requirements found herein.
Note that all Agreements entered into with the State of California will include by reference General Terms and Conditions that may be viewed at Internet site www.ols.dgs.ca.gov/Standard+Language No contractor or subcontractor may be listed on a bid proposal for this public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. http://www.dir.ca.gov/Public-Works/PublicWorks.html If you do not have Internet access, a hard copy of the bid can be provided by contacting the person listed below.
In the opinion of the California Conservation Corps, this IFB is complete and without need of explanation. However, if you have questions or need any clarifying information, please submit through bidsyncwww.bidsync.com. Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum.
No questions will be addressed via phone calls, e-mails, or in person on or before the bid.
ALL QUESTIONS AND ANSWERS MUST COME THROUGH BIDSYNC ONLY.
Keeping the process fair for all. We will not accept questions via phone calls, e-mails, or in person.
www.bidsync.com.
Jennifer Reed-Aguayo Contracts Unit Business Services and Contracts Unit
(916) 341-3132 jennifer.reed-aguayo@ccc.ca.gov
| SECTION |
| PAGE(S) |
| 1. Description of Services |
| 3-4 |
| 2. Bidder Minimum Qualifications |
| 4-5 |
3. Bid Requirements and Information
| A. Key Action Dates |
| 5 |
| B. Mandatory Bid Walk-through |
| 5 |
| C. Term of Contract |
| 5 |
| D. Submission of Bid |
| 6 |
| E. Evaluation and Selection |
| 7 |
| F. Award and Protest |
| 7 |
| G. Disposition of Bids |
| 8 |
| H. Agreement Execution and Performance |
| 8 |
| I. Termination |
| 8 |
| J. Preference Programs and Participation Requirements |
| 8-9 |
| K. Public Works Contractor Registration Program Requirements |
| 9 |
| Additional Provisions |
| 10-14 |
| Required Documents |
| 14 |
Attachments
| A - Certification Sheet |
| 15-16 |
| B – Cost Sheet |
| 17 |
| C - Contractor References |
| 18 |
| D – Darfur Contracting Act Certification |
| 19 |
| E – Payee Data Record |
| 20 |
| F – CCC 307- Contractor Certification Clause |
| 21-25 |
| G – Bidder Declaration |
| 26-27 |
| H - Small Business Preference Certification |
| 28 |
| I – Certification of Worker’s Compensation Coverage |
| 29 |
| J – Non-collusion Affidavit |
| 30 |
| Sample Contract Package |
| 31-39 |
SCOPE OF WORK
Notice to Prospective Bidders
IFB #C5630BAQ
PLACER WELL ABANDONMENT AND SITE CLOSURE
Placer Center 3710 Christian Valley Road Auburn, CA 95602
EXHIBIT A
SCOPE OF WORK
“Contractor” agrees to provide the California Conservation Corps, hereinafter referred to as the “CCC” or “State” with all licenses, certifications, tools, materials, equipment, labor and supervision to complete the Well Abandonment and Site Closure for the California Conservation Corps (CCC) Placer Center.
The Contractor is expected to complete all the work outlined herein:
The objectives of the proposed scope of work are to:
· Prepare a well abandonment and site closure work plan.
· Complete well abandonment and site restoration.
· Complete Well Abandonment & Site Closure Report.
· Compile and submit all site data in electronic data format (EDF) to the Geotracker database in accordance with the California Code of Regulations (CCR) Title 23, Division 3, Chapter 30.
The location and layout of the California Conservation Corp, Placer Center (Site) are shown on Figure 1 with the locations of the site’s groundwater monitoring wells and shallow vapor monitoring wells shown in Figure 2. It is the Contractor’s responsibility to verify the locations and construction(diameter and depth of wells) during the pre-bid meeting.
1.1 Project Planning
Prior to initiating fieldwork, a site-specific Health & Safety Plan (HSP) will be prepared by the Contractor in accordance with 29 CFR 1910.120. The HSP will include safety procedures for work to be performed, chemical hazard information, site safety officers, and a medical emergency location. The Contractor will mail a copy of the HSP to the CCC Construction Analyst at: CCC, 1719 29th Street, Sacramento, CA 95816 prior to commencing work. A copy of the HSP will remain on-site throughout the term of the contract.
1.2 Scheduling
Prior to initiating field work, the Contractor will prepare a project schedule to submit to CCC. Contractor will mail a copy of the project schedule to the CCC Construction analyst at: CCC, 1719 29th Street, Sacramento, CA 95816 prior to commencing work. A copy of the schedule will remain on-site throughout the term of the contract.
A minimum of one week prior to starting the work, Contractor will contact RWQCB staff and CCC’s Construction Analyst or designee as they may attend to observe the work.
1.3 Permitting
Contractor will be required to obtain all necessary permits from Placer County (County) to properly abandon nine (9) groundwater monitoring wells and ten (10) shallow vapor monitoring wells as shown on Figure 2.
1.4 Waste Storage & Disposal
Contractor will be responsible for containing, permitting, fees and disposal of all waste soil, drill cuttings, piping, equipment rinseate water and purged groundwater, pending waste profiling and proper disposition. The waste must be transported and disposed of under an appropriate waste manifest at a properly licensed facility.
1.5 Reporting
A report will be prepared that documents what procedures were used to abandon all on-site wells and properly dispose of all waste generated from such procedures. In addition, concurrently with the hard-copy reports, electronic copies of the reports and electronic data reports are to be submitted that conform to the requirements of the California Code of Regulations, Title 23, Division 3, Chapter 30, Section 3890 et seq., over the internet to the State Water Board’s Geographic Environmental Information Management System (Geotracker) database system at: https://geotracker.waterboards.ca.gov. Electronic submittals shall comply with Geotracker standards and procedures as specified on the State Water Board’s website.
All reports must be in accordance with the Tri-Regional Recommendations for Preliminary Investigation and Evaluation of Underground Storage Tank Sites.
2. Bidder Minimum Qualifications The California Conservation Corps strongly encourages Small Business and/or Disabled Veteran Business Enterprise participation in this Agreement.
A C57 Well Drilling Contractors License would be required for the well destruction contractors and a licensed Professional Geologist (PG) or Professional Engineer (PE) to sign off on the destruction report that gets submitted to us.
To be considered the contractor/subcontractor must meet the following criteria:
· Is responsible for the execution of a distinct element of the work of the contract.
· Carries out the obligation by actually performing, managing, or supervising the work involved.
· Performs work that is normal for its business services and functions.
· Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices.
· Is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment.
A contractor, subcontractor, or supplier will not be considered to perform a commercially useful function if the contractor's, subcontractor's, or supplier's role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed through solely to be qualified to submit a proposal or awarded the contract.
3. Bid Requirements and Information A. Key Action Dates It is recognized that time is of the essence. All bidders submitting bids are hereby advised of the following schedule and will be expected to adhere to the required dates and times.
· IFB available to prospective bidders ........................... ... ….…….…Feb 3, 2016
· Mandatory Walk-through at (10:00am)........... .………………………Feb 18, 2016
· Written questions must be received by (7:00am)................ ... ……..Feb 22, 2016
· Sealed bids must be received no later than 2:00 PM ......... …….….Feb 29, 2016
· Opening of Cost Proposal................................................…………… Feb 29, 2016
· Notice of Proposed Award Date to occur 1-5 work days after “Opening of Cost Proposal” B. Mandatory Pre-Bid Walk-Through A mandatory walk-through of the facility where the services are needed will be required. The mandatory walk-through is scheduled on Feb 18, 2016 at 10:00am located: CCC Placer Center 3710 Christian Valley Road, Auburn, CA 95602.
In the event a potential prime contractor is unable to attend the mandatory walk-through, an authorized representative may attend in their behalf. The representative may only sign-in for one (1) company. Subcontractors may not represent a potential prime contractor at a pre-bid conference or walk-through. If this walk-through is mandatory, no bid will be accepted unless the bidder or his authorized representative was in attendance.
For contractors who need assistance due to a physical impairment, a reasonable accommodation can be provided, upon request, for the pre-bid conference or walk-through. The Contractor must call the contact person(s) listed below no later than the fifth working day prior to the scheduled date and time of the pre-bid conference/walk-through to arrange for a reasonable accommodation.
C. Term of Contract The term of this agreement is upon approval through June 30, 2016
D. Submission of Bid
1. All bids must be submitted under sealed cover and sent to the CCC by date and time shown in the above Time Schedule. The sealed cover must be plainly marked with the IFB NUMBER AND TITLE, your firm’s name and address, and must be marked with "DO NOT OPEN." Bids not submitted under sealed cover may be rejected.
2. All documents requiring a signature must bear an original signature of a person authorized to bind the bidding firm. The signature must indicate the title or position that the individual holds in the firm. An unsigned bid may be cause for rejection.
3. Mail or deliver bids to the following address:
Postal Delivery/Hand Delivery California Conservation Corp 1719 24th Street Sacramento, CA 95816 Attn: Jennifer Reed-Aguayo
DO NOT OPEN UNTIL Feb 29, 2016@ 2:00 pm
4. All bids shall include the documents identified in the Attachment Required Documents on Page 15 of this IFB. Bids not including the proper required documentation shall be deemed non-responsive and shall be rejected. A non-responsive bid is one that does not meet the basic bid requirements.
5. Bids must be submitted for the performance of all the services described herein. Any deviation from the work specifications will not be considered and will cause a bid to be rejected.
6. A bid may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The State may waive any immaterial deviation in a bid. The State's waiver of immaterial defect shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the agreement.
7. Costs incurred for developing bids and in anticipation of award of the agreement are entirely the responsibility of the bidder and shall not be charged to the State of California.
8. A bidder may modify a bid after its submission by withdrawing its original bid and resubmitting a new bid prior to the bid submission deadline. Bidder modifications offered in any other manner, oral or written, will not be considered.
9. A bidder may withdraw its bid by submitting a written withdrawal request to the State, signed by the bidder or an authorized agent of their firm. A bidder may thereafter submit a new bid prior to the bid submission deadline. Bids may not be withdrawn without cause subsequent to bid submission deadline.
10. The awarding agency may modify this IFB prior to the date fixed for submission of bids by the issuance of an addendum to all parties who received an original bid package and who attended the mandatory walk-through, if applicable.
11. The awarding agency reserves the right to reject any and all bids. The agency is not required to award an agreement.
12. Before submitting a response to this solicitation, Bidders should review, correct all errors and confirm compliance with the IFB requirements.
13. Where applicable, bidder should carefully examine work sites and specifications. Bidder shall investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered. No additions or increases to the agreement amount will be made due to a lack of careful examination of work sites and specifications.
14. No oral understanding or agreement shall be binding on either party.
15. Questions regarding this IFB must be submitted via eProcurement at www.bidsync.com.
E. Evaluation and Selection
1. At the time of bid opening, each bid will be checked for the presence or absence of required information in conformance with the submission requirements of this IFB.
2. The State will evaluate each bid to determine its responsiveness to the published requirements.
3. Bids that contain false or misleading statements, or which provide references, which do not support an attribute or condition claimed by the bidder, may be rejected.
4. Award, if made, will be to the lowest responsive and responsible bid.
F. Award and Protest
1. Whenever an agreement is awarded under a procedure which provides for competitive bidding, but the agreement is not to be awarded to the low bidder, the low bidder shall be notified by telegram, electronic facsimile transmission, overnight courier, or personal delivery (five) working days prior to the award of the agreement.
2. Upon written request by any bidder, notice of the proposed award shall be posted in a public place in the office of the awarding agency at least (five) working days prior to awarding the agreement.
3. If any bidder, prior to the award of agreement, files a protest with the Department of General Services (DGS), Office of Legal Services, and the CCC on the grounds that the (protesting) bidder is the lowest responsible bidder, the agreement shall not be awarded until either the protest has been withdrawn or the DGS has decided the matter.
4. Within (five) days after filing the initial protest, the protesting bidder shall file with the DGS and the CCC a detailed written statement specifying the grounds for the protest. The written protest must be sent to the DGS, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, California 95605. A copy of the detailed written protest should be mailed to CCC Contracts Office, 1719 24th Street, Sacramento, California 95816. It is suggested that you submit any protest by certified or registered mail.
G. Disposition of Bids
1. Upon bid opening, all documents submitted in response to this IFB will become the property of the State of California, and will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and subject to review by the public.
2. Copies of the bid packages may be returned only at the bidder's expense, unless such expense is waived by the CCC.
H. Agreement Execution and Performance
1. Service shall be available no later than (30) days, or on the express date set by the CCC 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 CCC, upon (five) 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.
2. All performance under the Agreement shall be completed on or before the termination date of the Agreement.
a. The State does not accept alternate contract language from a prospective contractor. The State’s General Terms and Conditions are not negotiable. (See sample Standard Agreement attached hereto).
I. Termination The CCC has the authority and express right to terminate any Agreement awarded under this IFB at any time during the term of the Agreement for any reason or if the CCC finds that the Contractor's work is negligent, not satisfactory, or not in accordance with the Agreement requirements.
J. Preference Programs and Participation Requirements Information, requirements and forms for the preference programs listed below can be found at the Internet web sites listed.
Note: These documents may not be required in all bid packages. Refer to Attachment Required Documents for documentation required by this IFB.
1. Certified Small Businesses and Microbusinesses Certification Benefits – Certified Small Businesses or Microbusinesses can claim the five percent (5%) preference when submitting a bid on a state contract. You must provide a copy of the official Certification letter along with your bid.
For information on small business and microbusiness certification benefits refer to the following DGS Website – http://www.pd.dgs.ca.gov/smbs/sbpref.htm
2. DVBE Bid Incentive If for this agreement contractor made a commitment to achieve Disabled Veteran Business Enterprise (DVBE) participation, then contractor must within 60 days of receiving final payment under this agreement (or within such other time period as may be specified elsewhere in this agreement) certify in a report to the awarding department: (1) the total amount the prime contractor received under the contract; (2) the name and address of the DVBE(s) that participated in the performance of the contract; (3) the amount each DVBE received from the prime contractor; (4) that all payments under the contract have been made to the DVBE(s); and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Military & Veterans Code (M&VC) § 999.5(d)).
Contractor understands and agrees that should award of this contract be based in part on their commitment to use the Disabled Veteran Business Enterprise (DVBE) subcontractor(s) identified in their bid or offer, per Military and Veterans Code 999.5(e), a DVBE subcontractor may only be replaced by another DVBE subcontractor and must be approved by the Department of General Services (DGS). Changes to the scope of work that impact the DVBE subcontractor(s) identified in the bid or offer and approved DVBE substitutions will be documented by contract amendment.
3. Recycled Content Certification The State of California is required to purchase recycled content products (RCPs) rather than non-recycled products whenever price, quality, and availability are comparable. Furthermore, each state agency is required to purchase RCPs in sufficient quantities to ensure that mandated RCP procurement goals are attained within eleven product categories. These eleven product categories and their respective minimum recycled content requirements are outlined in Attachment I. Therefore, if two bidders quote the same bid cost amount for services, the State will award the contract to the RCP certified contractor.
In order to help state agencies identify all reportable purchases and all the reportable RCP purchases, suppliers are mandated by the Public Contract Codes to certify the minimum, if not the exact, recycled content, both secondary and postconsumer material, in the products, materials, goods, and supplies offered or sold to the State. The Public Contract Codes require every supplier to certify the minimum, if not the exact recycled content, both secondary and postconsumer material, in the products, materials, goods, and supplies offered or sold to the State. A Recycled Content Certification Form (CIWMB 74C) is provided in Attachment I for this purpose. Additional information regarding this program can be obtained at the following web site: http://www.ciwmb.ca.gov/BuyRecycled/StateAgen K. Public Works Contractor Registration Program Requirements (Mandatory) All contractors and subcontractors who bid or work on a public works project must register and pay an annual fee to DIR. The phase-in timetable is as follows:
July 1, 2014: Registration program became effective and first contractors registered. Initial registrations will be valid through June 30, 2015.
March 1, 2015: No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with DIR.
April 1, 2015: No contractor or subcontractor may work on a public works project unless registered with DIR. All projects bid before March 1, 2015, or awarded prior to April 1, 2015 will not trigger the registration requirements.
Once the registration requirement becomes mandatory (March 1, 2015 for bids and April 1, 2015 for projects awarded), an awarding body may not accept a bid or enter into a contract for public work with an unregistered contractor.
DIR maintains an up-to-date listing of registered contractors.
Additional exceptions and protections are included in the registration laws to limit bid challenges, allow some violations to be cured through payment of penalty fees, and allow unregistered contractors to be replaced with registered ones.
II. NOTICE REQUIREMENTS
January 1, 2015: The call for bids and contract documents must include the following information:
No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
No contractor or subcontractor may be awarded a contract for public work on a public works Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
[To be determined]: The awarding body must post or require the prime contractor to post job site notices prescribed by regulation. (See 8 Calif. Code Reg. §16451(d) for the notice that previously was required for projects monitored by the CMU.)
http://www.dir.ca.gov/Public-Works/PublicWorks.html General information
CALIFORNIA PROMPT PAYMENT ACT
Government Code, Section 927, et seq.
SUMMARY OF FREQUENTLY ASKED QUESTIONS
Updated: August 27, 2014
| Frequently Asked Questions |
| Small Business |
(Includes Non-Profits with Contracts <$500k) All Other Businesses
| 1 |
| When is payment due? |
Specified contract term. No date set forth in contract
| Date set forth in contract [GC 927.1(a)] and within 45 calendar days [GC 927(b)] |
| Date set forth in contract [GC 927.1(a)] and within 45 calendar days [GC 927(b)] |
| 2 |
| When does payment clock start? |
| The date of receipt of an undisputed invoice by department personnel is equal to Day Zero [GC 927 & 927.4] |
| The date of receipt of an undisputed invoice by department personnel is equal to Day Zero [GC 927 & 927.4] |
| 3 |
| What if invoice is disputed (for good cause) within 15 working days? |
| Stops penalty clock until dispute resolved [GC 927.3] |
| Stops penalty clock until dispute resolved [GC 927.3] |
| 4 |
| When do penalties begin accruing? |
(For the State agency) The day after payment due date per contract; if no payment date in contract, on the 31st day after receipt of invoice (i.e., the day after the "required payment approval date") (GC 927.4)
Example: An invoice received on March 1st would begin accruing interest on April 1st if not submitted to the State Controller on or before March 31st (Day Zero = March 1 plus 30 days = March 31) The day after payment due date per contract; if no payment date in contract, on the 31st day after receipt of invoice (i.e., the day after the "required payment approval date") [GC 927.4]
Example: An invoice received on March 1st would begin accruing interest on April 1st if not submitted to the State Controller on or before March 31st (Day Zero = March 1 plus 30 days = March 31.
| 5 |
| When do penalties begin accruing? |
(For the State Controller)
| On the 16th day after receipt of the state agency claim [GC 927.4] |
| On the 16th day after receipt of the state agency claim [GC 927.4] |
| 6 |
| When do penalties stop accruing? |
(For the State agency)
| The day claim schedule is submitted to Controller [GC 927.6(a)] or check is issued from Revolving Fund |
| The day claim schedule is submitted to Controller [GC 927.6(a)] or check is issued from Revolving Fund |
| 7 |
| When do penalties stop accruing? |
(For the State Controller)
| The date warrant is issued [GC 927.7] |
| The date warrant is issued [GC 927.7] |
| 8 |
| What is the penalty rate? |
| A. Penalties Incurred Rate during FY 14-15 is 13.25% annually [GC 926.6(a)], or 0.000363 per day, times the number of days late |
Example: Under the new calculation, an invoice for $10,000 that is 90 days late would incur a penalty of $326.70, ($10,000X.000363) X 90.
A.. Penalties Incurred Rate during FY 14-15 is 1.233% annually [GC 926.6(b)], or 0.0000338 per day, times the number of days late
Example: Under the new calculation, an invoice for $10,000 that is 90 days late would incur a penalty of $30.420, ($10,000X.0000338) X 90.
| 9 |
| Is a separate penalty invoice required? |
| No; State agencies must automatically calculate and pay penalties as incurred [GC 927(b) & 927.6(a)] |
| No; State agencies must automatically calculate and pay penalties as incurred [GC 927(b) & 927.6(a)] |
| 10 |
| Is there a minimum penalty payment? |
| Yes; State agencies make no penalty payment if the amount of the penalty is $10.00 or less [GC 927.6(a)] |
| Yes; State agencies make no penalty payment if the amount of the penalty is $100.00 or less [GC 927.6(b)] |
| 11 |
| Can penalties be waived? |
| Yes; penalties are waived by the State agency or Controller if the amount of the penalty is $10.00 or less [GC 927.6(a)]. Penalties may not be waived, altered or limited by the State agency or the contractor [GC 927.1(b)] |
| Yes; penalties are waived by the State agency or Controller if the amount of the penalty is $100.00 or less [GC 927.6(b)]. Penalties may not be waived, altered, or limited by the State agency or the contractor [GC 927.1(b)] except for fire season emergency [GC 927.11(a)], and declaration of major disaster [GC 927.11(c)] |
| 12 |
| What if there is no Budget Act? |
| Penalties shall accrue to small businesses and nonprofit organizations until invoice are paid [GC 927.11(d)] |
No penalties shall accrue for nonprofit public benefit corporations [GC 927.11(b)] Penalties shall accrue until the invoice is paid [GC 927.11(d)]
No penalties shall accrue for refunds or other payment due to individuals [GC 927.13(d)]
| 13 |
| Are penalties applicable to Medi-Cal Claims? |
| Yes [GC 927.5], when such small businesses are located in California [GC 927.2(m)] |
| Special provisions apply [GC 927.5] |
| 14 |
| Are penalties applicable to advances? |
| The law makes no provisions for advances |
| The law makes no provisions for advances |
| 15 |
| Are penalties applicable to non-profit organizations? |
| Yes, if contract or grant <$500,000 [GC 927.7] |
| No [GC 927(a)] |
| 16 |
| Are penalties applicable to local entities? |
| No, the law specifically refers to "contracts with a business" [GC 927.1] rather than with public entities as defined in GC 811.2 |
| No, the law specifically refers to "contracts with a business" [GC 927.1] rather than with public entities as defined in GC 811.2 |
| 17 |
| Are subcontractors entitled to late payment penalties? |
| No, State agencies shall encourage contractors to promptly pay their subcontractors [GC 927.10] |
| No, State agencies shall encourage contractors to promptly pay their subcontractors [GC 927.10] |
| 18 |
| Are there any exceptions? |
| No exceptions |
| 1. 30-day payment extension in a declared fire season emergency [GC 927.11(a)]; |
2. In major calamity, disaster or criminal act, penalty suspended (until reinstated) by Director of Finance [GC 927.11(c)]
| 19 |
| Are any reports required? |
| Yes; an Annual Report separately identifying the total number and dollar amount of late payment penalties paid to small businesses. Submit to the Director of DGS 90 days after the end of the fiscal year [GC 927.9(a) & (b)] |
| Yes; an Annual Report separately identifying the total number of late penalties paid to other businesses and refunds or other payments to individuals. Submit to Director of DGS 90 days after the end of the fiscal year [GC 927.9(a) & (b)] |
For additional information, visit Prompt Payment:
· Use the Directory of State Payment Offices to locate the proper accounts payable telephone number and address of specific State offices.
· View California Laws, including Government Code (GC) and Public Contract Code (PCC).
· Regarding Construction Contract Payments, please see Public Contract Code Section 10261.5. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pcc&group=10001-11000&file=10250-10265
· California Certified Small Business contractors who have specific questions about invoice status: Please contact the Small Business Advocate for the awarding department. The Small Business/DVBE Advocates Directory is located at: Small Business & DVBE Advocates Directory.
BONDS
· Bonds as required in Section 11.3 of the Construction General Terms and Conditions.
REQUIRED DOCUMENTS
The following documentation must be submitted for your bid to be considered responsive.
Attachment A, Proposal/Proposer Certification Sheet.
Attachment B, Cost Sheet.
Attachment C, Bidder References.
Attachment D, Darfur Contracting Act.
Attachment E, STD 204 – Payee Data Record.
Attachment F, Contractor Certification Clause (CCC 307).
Attachment G, Bidder Declaration Form and Instructions.
Attachment H, Small Business Preference Sheet.
Attachment I, Certification of Workers Compensation Insurance
Attachment J, Non-Collusion affidavit
PLEASE ATTACH WITH YOUR BID:
· Public Works Contractor Registration Certificate Copy.
Copy of the required bonds.
Copy of Business License, professional certifications or other credentials Certification of Workers Compensation Insurance.
If Corporation, proof that business is in good standing and qualified to conduct business in California.
If a nonprofit organization, proof of nonprofit status.
If claiming "Small Business Certification" please attach certification.
All required Standard (Std.) forms may be obtained at the following Department of General Services websites:
http://www.pd.dgs.ca.gov/publications/default.htm http://www.osp.dgs.ca.gov/StandardForms/Fill+and+Print+Standard+eForms.htm
Attachment A
PROPOSAL/PROPOSER CERTIFICATION SHEET
This Proposal/Proposer Certification Sheet must be signed and returned along with all the "required attachments" as an entire package in duplicate with original signatures.
An Unsigned Proposal/Proposer Certification Sheet May Be Cause for Rejection
| 1. Company Name |
| 2. Telephone Number |
| 2a. Fax Number |
| ( ) |
| ( ) |
3. Address
Indicate your organization type:
| 4. |_| Sole Proprietorship |
| 5. |_| Partnership |
| 6. |_| Corporation |
Indicate the applicable employee and/or corporation number:
7. Federal Employee ID No. (FEIN)
8. California Corporation No.
9. Indicate applicable license and/or certification information:
| 10. Bidder’s Name (Print) |
| 11. Title |
| 12. Signature |
| 13. Date |
14. Are you certified with the Department of General Services, Office of Small Business Certification and Resources (OSBCR) as:
a. California Small Business Yes |_| No |_| If yes, enter certification number:
b. Disabled Veteran Business Enterprise Yes |_| No |_| If yes, enter your service code:
c. Non-Small Business Subcontractor Preference Yes |_| No |_|
NOTE: A copy of your Certification is required to be included if either of the above items is checked “Yes”.
Date application was submitted to OSDS , if an application is pending:
Completion Instructions for Proposal/Proposer Certification Sheet Complete the numbered items on the Proposal/Proposer Certification Sheet by following the instructions below.
Item Numbers
Instructions
1, 2, 2a, 3
Must be completed. These items are self-explanatory.
Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one person owns all the assets of the business in contrast to a partnership and corporation. The sole proprietor is solely liable for all the debts of the business.
Check if your firm is a partnership. A partnership is a voluntary agreement between two or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them. An association of two or more persons to carry on, as co-owners, a business for profit.
Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals.
Enter your federal employee tax identification number.
Enter your corporation number assigned by the California Secretary of State’s Office. This information is used for checking if a corporation is in good standing and qualified to conduct business in California.
Complete, if applicable, by indicating the type of license and/or certification that your firm possesses and that is required for the type of services being procured.
10,11 12, 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 B
Cost Sheet Contractors bidding this project shall be properly licensed in the State of California in the classification as designed in the Notice to Contractors and shall satisfy the State as to their license qualifications.
The undersigned has carefully checked all figures and understands that the State will not be responsible for any errors or omission on the part of the undersigned in making up this bid.
Having been completely familiar with all conditions affecting the cost of work at the place where the work is to be done, these specifications and other contract documents prepared and issued therefore, the Contractor hereby proposes and agrees to provide all services as outlined in the Invitation for Bid as follows:
Contractor Name:
Address:
City/State/Zip:
Telephone:
Fax Number:
License No.:
License Expiration Date:
Federal I.D. # or SSN:
Email Address:
Total Amount for Project $
STATEMENT OF COMPLIANCE
The prospective Contractor’s signature and date hereon shall constitute a certification under the penalty of perjury under the laws of the State of California that the bidder has, unless exempt, complied with the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103. By his/her signature hereof, the bidder certifies under penalty of perjury the accuracy of the representation made on the bid form with regard to the Contractor’s license number, class and expiration date. A bid which does not contain the above information, or if the information is later proven false, shall be considered non-responsive and will be rejected.
Authorized Signature:
Title:
Date:
ARE YOU CLAIMING PREFERENCE AS A SMALL BUSINESS? YES NO
If YES, please attach a copy of your certification letter from theTHE OUTSIDE OF THE SEALED ENVELOPE CONTAINING
PLACER WELL ABANDONMENT AND SITE CLOSURE
DO NOT OPEN UNTIL
Feb 29, 2016 @ 2:00 pm
Office of Small Business Certification and Resources
ATTACHMENT C
Bidder References Submission of this attachment is optional. Failure to complete and return this attachment with your bid will not cause your bid to be rejected and deemed nonresponsive.
List below three (3) references for services performed within the last five years, which are similar to the scope of work to be performed in this contract.
REFERENCE 1
Name of Firm:
Street Address:
Contact Person: Telephone Number:
Dates of Service:
Brief Description of Service Provided:
REFERENCE 2
Name of Firm:
Street Address:
Contact Person: Telephone Number:
Dates of Service:
Brief Description of Service Provided:
REFERENCE 3
Name of Firm:
Street Address:
Contact Person: Telephone Number:
Dates of Service:
Brief Description of Service Provided:
ATTACHMENT D
DARFUR CONTRACTING ACT
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.
Therefore, to be eligible to submit a bid or proposal, please insert your company name and Federal ID Number and complete only one of the following three paragraphs (via initials for Paragraph # 1 or Paragraph # 2, or via initials and certification for Paragraph # 3):
Company/Vendor Name (Printed)
Federal ID Number
Printed Name and Title of Person Initialing (for Options 1 or 2)
1. _____ We do not currently have, and have not had within the previous Initials three years, business activities or other operations outside of the United States.
OR
2. _____ We are a scrutinized company as defined in Public Contract Code Initials section 10476, but we have received written permission from the Department of General Services (DGS) to submit a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of the written permission from DGS is included with our bid or proposal.
OR
3. _____ We currently have, or we have had within the previous three years, Initials business activities or other operations outside of the United States, + certification but we certify below that we are not a scrutinized company below as defined in Public Contract Code section 10476.
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 Person Signing
| Date Executed |
| Executed in the County and State of |
ATTACHMENT E
PAYEE DATA RECORD (STD 204)
This form must be obtained from the Office of State Publishing website stated below. The form should be downloaded and completed, signed and returned with your bid package.
http://www.osp.dgs.ca.gov/StandardForms/Fill+and+Print+Standard+eForms.htm
Enter 204 in the box “Enter a Form No.:”
If you do not have Internet capabilities, please contact the following person to obtain a form:
Jennifer Reed Contract Management Section California Conservation Corps
(916) 341-3132
PLACER WELL ABANDONMENT AND SITE CLOSURE
IFB #C5630BAQ
20 | Page
ATTACHMENT F
CONTRACTOR CERTIFICATION CLAUSES
CCC-307
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.
Contractor/Bidder Firm Name (Printed)
Federal ID Number
By (Authorized Signature)
Printed Name and Title of Person Signing
| Date Executed |
| Executed in the County of |
CONTRACTOR CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 8103) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final un-appealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services.
5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.
6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweat-free Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor’s compliance with the requirements under paragraph (a).
7. DOMESTIC PARTNERS: For contracts over $100,000 executed or amended after January 1, 2007, the contractor certifies that contractor is in compliance with Public Contract Code section 10295.3.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410):
1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.
2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.
If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.
6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.
7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
PLACER WELL ABANDONMENT AND SITE CLOSURE
IFB #C5630BAQ
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ATTACHMENT H
Small Business (SB) Preference Sheet
NOTICE TO ALL BIDDERS:
Small Business and Non-Small Business Subcontractor Preferences
a. Small businesses will be granted the five percent (5%) small business preference on a bid evaluation by an awarding department when a responsible non-small business has submitted the lowest-priced, responsive bid or a bid that has been ranked as the highest scored bid pursuant to a solicitation…
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