P1520014,_Solicitation_and_Sample_Agreement.pdf

California Natural Resources Agency EDMUND G. BROWN, JR, Governor

CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director

ECOSYSTEM CONSERVATION DIVISION

ENGINEERING BRANCH

1812 NINTH STREET, SUITE 100

SACRAMENTO, CA 95811

(916) 323-1587

FAX 323-1622

Conserving California’s Wildlife Since 1870

Notice to Prospective Bidders

You are invited to review and respond to this Public Works Project P1520014, entitled Entry Levers and Locksets, Sacramento, California. In submitting your bid, you must comply with these instructions.

The CDFW Contract Analyst will receive Bids only by mail. Please send all bids to the address listed below before Tuesday February 9, 2016 at 3:00 p.m.

California Department of Fish and Wildlife 1831 9th Street

Sacramento, CA. 95811 ATTN: Elyse Robinson

Terms and Conditions

All agreements entered into with the State of California will include the following terms and conditions:

Exhibit C - General Terms and Conditions (GTC 610) Standard California Nondiscrimination Construction Contract Specifications (STD 18)

If you do not have Internet access, a hard copy can be provided by contacting the California Department of Fish and Wildlife (CDFW) listed below.

Public Works Requirements

1. No Contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations.

2. No Contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations.

3. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Prevailing Wages

In addition to the terms and conditions referenced above, the Contractor will comply with all laws, regulations, and policies regarding prevailing wage determinations. These rules include, but are not limited to:

Labor Code §1770: The Department of Industrial Relations (DIR) has ascertained general prevailing rate of per diem wages in the locality in which the work is to be performed.

http://www.documents.dgs.ca.gov/ols/GTC-610.doc http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std018.pdf

Conserving California’s Wildlife Since 1870

Labor Code §1774: The Contractor to whom the contract is awarded, and any subcontractor under him, shall pay not less than the specified prevailing rates of wages to all workmen employed in the execution of the contract.

Current prevailing wage rate information is available through the Department of Industrial Relations (DIR) website at: http://www.dir.ca.gov/OPRL/statistics_and_databases.html.

Note: When the wage determination shows an expiration date (noted by a double asterisk**), to expire during the term of the contract, the Contractor must call or write the DIR to obtain the new rates and incorporate them in this contract for submittal of bid. The Contractor is responsible to comply with the Labor Code Sections and prevailing wage determinations, including all the guidelines and the fine print in the prevailing wage determinations. Refer to the Department of General Services General Conditions of the Contract for Construction, Section 3.3.3., October, 2011.

If you do not have Internet access, a hard copy can be provided by contacting CDFW engineering listed below.

In the opinion of CDFW, this Public Works Project bid is complete and without need of explanation; however, if you have any questions, please contact:

Elyse Robinson

Phone: (916) 445-9618

Elyse.Robinson@wildlife.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.

http://www.dir.ca.gov/OPRL/statistics_and_databases.html mailto:Elyse.Robinson@wildlife.ca.gov

4/15

TABLE OF CONTENTS

Section Page No.

Table of Contents A. Purpose and Description of Services B. License Requirements C. Estimated Cost D. Time of Completion E. Bid Requirements and Information ...................................................................................... 2-9

1. Key Action Dates

2. Contacts, Pre-Bid Conference and Reasonable Accommodations

3. Submission of Bid

4. Evaluation and Selection

5. Award and Notification

6. Disposition of Bids

7. Sample Standard Agreement Execution

8. Agreement Execution and Performance

9. Contract

10. Instruction to Bidders

11. Antitrust Claims

12. Employment of Undocumented Aliens

F. Sample Standard Agreement

1) STD 213 ……………………………………………………………………...1 page

2) Exhibit A; Scope of Work ........................................................................... 4 pages

3) Exhibit A, Attachment 1; Site Map .............................................................. 2 pages

4) Exhibit B; Budget Detail and Payment Provisions ...................................... 3 pages

5) Exhibit C; General Terms and Conditions (GTC-610) ........................................ *

* View Document at http://www.ols.dgs.ca.gov/Standard+Language/default.htm

6) Exhibit G; CDFW Additional Provisions (Public Works) ............................ 15 pages

7) Standard California Nondiscrimination Construction Contract Specifications (STD 18)............................................................................ ** ** View Document at http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std018.pdf

G. Attachments; Required Bid Documents for Bidding Purposes ................................. Page No.

Attachment 1; Required Attachment Check List Attachment 2; Bid/Bidder Certification Sheet Instructions 3 Attachment 3; List of Proposed Subcontractors Attachment 4; Bidder’s Acknowledgement of Prevailing Wage (Signed) Attachment 5; Bid Form (Cost Sheet)

REQUIRED ATTACHMENTS TO BE COMPLETED AND SUBMITTED BY THE

RESPONSIBLE LOW BIDDER AFTER THE AWARD

Attachment 6; Payee Data Record (STD 204) (Signed) ^^ Attachment 7; Non Collusion Affidavit (Signed) Attachment 8; Darfur Contractor Act Certification (Signed) Attachment 9; California Public Contract Code (Signed) Attachment 10; Contractor Certification Clauses (CCC-307) (Signed) Attachment 11; Surface Mining and Reclamation Act Certification Form (Signed)

^^ Download Attachment from Internet. See Specified Page for location of Internet Site.

http://www.ols.dgs.ca.gov/Standard+Language/default.htm http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std018.pdf

A. Purpose and Description of Services

The project is located at the Nimbus Fish Hatchery 2001 Nimbus Road, Rancho Cordova, 95670, Sacramento County, California.

The Contractor shall provide all labor, tools, equipment, materials, permits and taxes necessary to install entry levers and locksets.

B. License Requirements: C-28 Lock and Security Equipment

C. Estimated Cost: $ 3,500.00

D. Time of Completion: Upon Written Notice to Commence To and Including

Five (5) Working Days

E. Bid Requirements and Information

1. Key Action Dates

Event Date

Public Works Project available to prospective bidders

Optional Pre-bid Walkthrough

Bid Opening

Notice of Intent to Award

Proposed Award Date

Proposed Start of Construction Date

January 25, 2016

Call to set up an appointment

February 9, 2016 @ 3:00 PM

February 12, 2016

February 12, 2016

March 1, 2016

2. Contacts, Pre-Bid Conference & Reasonable Accommodation

a. For general questions pertaining to the bidding requirements, please contact the CDFW Contract Analyst, Elyse Robinson, at (916) 445-9618 or Elyse.Robinson@wildlife.ca.gov.

b. An optional pre-bid walkthrough is available upon appointment for the purpose of discussing concerns regarding this Public Works Project.

Contact the CDFW Contract Manager, Gary Novak, at (916) 358-2821 to arrange for a site visit.

c. In the event this bid requires a mandatory walkthrough and a potential prime contractor is unable to attend the mandatory pre-bid conference/walkthrough, an authorized representative may attend on their behalf. The representative may only sign-in for one (1) company.

Subcontractors may not represent a potential prime contractor at a mandatory pre-bid conference/walkthrough. "No bid will be accepted unless the bidder or his authorized representative was in attendance."

d. For contractors who need assistance due to a physical impairment, a reasonable accommodation will be provided by the awarding agency upon request for the pre-bid conference/walkthrough. The contractor must call the CDFW Contract Manager at (916) 358-2821 no later than the fifth (5th) working day prior to the scheduled date and time of the pre-bid conference to arrange for a reasonable accommodation.

3. Submission of Bids

a. All bids must be mailed to the CDFW Contract Analyst by date and time shown in Section E, Bid Requirements and Information, Item 1) Key Action Dates on Page 3.

b. Bids shall be mailed using the Attached Cost Sheet to the following address:

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

d. 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 bid. The State's waiver of an immaterial deviation shall in no way modify the Public Works Project document or excuse the bidder from full compliance with all requirements if awarded the agreement.

e. 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.

f. Bid prices/rates shall include the cost of employer payments to or on behalf of employees, subsistence, travel, compensation insurance premiums, unemployment contributions, social security taxes, and any other taxes or assessments, including but not limited to, sales and use taxes required by law or otherwise and no additional allowance will be paid unless separate payment provisions in the Agreement should specifically provide otherwise.

g. An individual who is authorized to bind the bidder contractually shall sign the Bid/Bidder Certification Sheet, page 2. 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 Public Works Project 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 Public Works Project requirements.

m. Bidder shall carefully examine and thoroughly acquaint himself/herself with the conditions at the site of the work, the plans, and the provisions contained in the project special provisions. He/she shall investigate conditions character, quality and quantity of surface, and sub-surface materials of obstacles to be encountered. Failure by the bidder to acquaint himself/herself with site conditions and available information will not relieve him/her from the responsibility for estimating properly the difficulty or cost of successfully performing the work. No additions or increases to the agreement amount will be made due to a lack of careful examination of work sites and special provisions. The submission of a bid will be considered as conclusive evidence that the bidder has made such examination.

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.

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

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 Public Works Project.

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.

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

5. Award and Notification

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 agreement.

6. Disposition of Bids

a. Upon bid opening, all documents submitted in response to this Public Works Project 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. Sample Standard Agreement Execution

a. This Public Works Project includes, as a separate document, a Sample Standard Agreement (Sample Standard Agreement STD 213) for review.

The Sample Standard Agreement contains language that CDFW expects to utilize for this contract.

8. Agreement Execution and Performance

a. Performance shall start not later than the express date set by the CDFW

Contract Manager 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 agreement.

9. Contract

a. Bids shall remain valid for 120 calendar days after the bid opening date: The State will endeavor to execute a contract within 120 calendar days from the bid opening date. The contract is not executed until the appropriate State agency has approved the contract. Bidders shall hold their bids for 120 calendar days after the bid opening date. Upon expiration of 120 calendar days from the bid opening date, bidders may withdraw their bids. If bidder, after expiration of 120 calendar days from the bid opening date fails to withdraw its bid and a contract is subsequently approved by the appropriate State agency and executed, bidder shall have no claim for any reason to amend its bid.

b. If contract is awarded, the successful responsible low bidder will be required to execute and deliver to the State the required documents.

c. The apparent low bidder shall execute the required number of copies of the contract documents, (General and Automobile Liability Insurance, Workers Compensation and Employers’ Liability Insurance, and STD 213) and return them within twenty (20) working days after he/she has received notice that he/she is the apparent successful low bidder. Signature of the apparent successful low bidder on the contract documents will complete identification of these documents.

d. Failure to provide the required executed contract documents within the twenty (20) working days may be deemed refusal of an award.

e. The State may award to the next lowest responsible bidder and avail itself of all legal remedies provided by statue.

f. Proposed Award Date identified in E) 1) Key Dates is based on accurate contract documents being returned within the set time as described in c) above. Documents not having the correct language or delays in receiving documents from the Contractor will delay the Proposed Award and Start of Construction Dates.

g. The contract shall be binding upon the State only after approval by the State. Should work begin in advance of receiving notice that the Contract is approved, that work shall be considered as having been done by a volunteer and Contractor shall go unpaid.

h. Contractor and subcontractor(s), regardless of tier must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement).

10. Instructions to Bidders

a. BIDS AND BIDDERS

1. The California Department of Fish and Wildlife (CDFW), reserves the right to reject any or all bids and waive any informality in any bid.

2. To receive consideration, bids shall be made in accordance with the following instructions:

Before submitting bids, all bidders must be licensed in the appropriate classification in accordance with provisions in Division 3, Chapter 9, of the “California Business and Professions Code” as amended.

No bidder may bid on work of a kind for which he/she is not properly licensed by the Contractors State License Board, and any such bid received will be rejected. Joint venture bidders must posses a joint venture license.

No contractor or subcontractor may be listed on a bid proposal for public works project 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 works on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

State shall not award a contract to a bidder, nor shall a bidder be eligible to bid for or receive a contract, who has, in the preceding five years, has been convicted of violating a state or federal law respecting the employment of undocumented aliens.

Bids MUST be made on the forms supplied by the California Department of Fish and Wildlife, and shall be properly executed in ink with all items filled out; numbers stated in figures; the completed forms shall be without interlineations, alterations, erasures, or alternatives. Alternate Bid Forms will not be considered and will be cause for rejection of such bids.

To be accepted, bids must have an original signature in ink by the bidder or an officer of the bidder who has authority to sign contracts binding upon the bidder. Unsigned bids will be considered non-responsive and will be rejected. Signature stamps are NOT acceptable.

The bidder is cautioned to check all figures and further understands that the State will not be responsible for any errors or omissions on the part of the bidder in making up said bid.

Bidder shall set forth in his/hers bid:

(1) Name and address of each subcontractor who will perform work or labor or render service to Contractor in excess of ½ of 1 percent of the total bid in accordance with the “Subletting and Subcontracting Fair Practices Act,” commencing with Section 4100 of the Public Contract Code.

(2) Portion of the work which will be done by each subcontractor.

FAILURE OF BIDDER TO SPECIFY A SUBCONTRACTOR for any portion of the work to be performed under the contract constitutes an agreement by the bidder to perform that portion of the work himself/herself.

Vendors or suppliers of materials need not be listed.

Pursuant to Section 1770 of the Labor Code, the Department of Industrial Relations has ascertained the general prevailing wage rates to be as listed in the “Prevailing Wage Data Base”, located at www.dir.ca.gov, or is available for inspection by interested parties at the address shown above.

3. In the event any Federal funding coming into the Department is used to support any part of the work under this agreement, the Contractor will be required to fill out DFW 868; Federal Funding Accountability and Transparency Act 2006 (FFATA) Form and register Federal Central Contractors Registry, as appropriate. The California Department of Fish and Wildlife (CDFW) will provide the form upon award of contract.

b. Interpretation of Drawings and Documents

1. Should a bidder find discrepancies in, or omission from, the drawings or special provisions, or should he/she be in doubt as to their meaning, he/she shall at once notify the Engineer not later than seven (7) calendar days prior to bid opening date, and should it be found necessary, a written Addendum will be sent to all bidders. The Department will not be responsible for any oral instructions.

2. INTERPRETATIONS AND ADDENDA: No oral interpretations shall be made to any bidder as to the meaning of any of the contract, or be effective to modify any part of the provisions of contract. Every request for any interpretation shall be made in writing and addressed and forwarded to the California Department of Fish and Wildlife, 1831 9th Street, Sacramento, CA. 95811, Attention: Elyse Robinson.

c. Addendum

1. Any addendum issued during time of bidding and before the time of bid opening, or forming a part of documents loaned to bidders for the preparation of the bid shall be covered in the bid and shall be a part of the contract. All bidders are responsible to inquire as to addenda issued.

11. Antitrust claims

“The contractor offers and agrees and will require all of his other subcontractors and suppliers to agree to assign to the awarding body all rights, title, and interest in and to all causes of action they may have under Section 4 of the Clayton Act (15 USC § 15) or under the Cartwright Act (Chapter 2 [commencing with § 16700] of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment made by the contractor and all additional assignments made by the subcontractors and suppliers shall be http://www.dir.ca.gov/ deemed to have been made and will become effective at the time the awarding body tenders final payment to the contractor without further acknowledgment or the necessity of tendering to the awarding body any written assignments.”

“If an awarding body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under Government Code sections 4550 – 4554, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, on demand, recover from the public body any portion of the recovery, including treble damages, and attributable overcharges that were paid by the assignor but were not paid by the public body as a part of the bid price, less the expenses incurred in obtaining that portion of the recovery. On demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under Government Code sections 4550 – 4554 if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action.”

12. Employment of Undocumented Aliens

“No state agency or department, as defined in Public Contract Code § 10357, that is subject to this code, shall award a public works contract to a bidder or contractor, nor shall a bidder or contractor be eligible to bid for or receive a public works contract, who has, in the preceding five (5) years, been convicted of violating a state or federal law regarding the employment of undocumented aliens. See Public Contract Code § 6101.”

STATE OF CALIFORNIA

STANDARD AGREEMENT

STD. 213 (Rev 6/03)

AGREEMENT NUMBER

P1520014

REGISTRATION NUMBER

1.

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

STATE AGENCY’S NAME

CONTRACTOR’S NAME

TBD

2.

The term of this

Upon Written Notice To Commence To and Including Five (5) Working Days Agreement is:

3.

The maximum amount

$TBD

of this Agreement is:

4.

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

Exhibit A – Scope of Work 4 Pages

Exhibit A, Attachment 1 – Site Map 2 Pages

Exhibit B – Budget Detail and Payment Provisions 3 Pages

*Exhibit C – General Terms and Conditions GTC 610

Exhibit G – Additional Provisions (Public Works) 15 Pages

*STD 18 – Standard California Nondiscrimination Construction STD 18 Contract Specifications

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.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx

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

Karen Edgren, Chief, Business Management Branch

Exempt per:

ADDRESS

P.O. Box 944209 Sacramento, CA. 94244-2090

SAM

PLE

http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx

ENTRY LEVERS AND LOCKSETS P1520014

CONTRACTOR: TBD

EXHIBIT A – SCOPE OF WORK

A1 of A4

1. Contractor agrees to provide to the California Department of Fish and Wildlife (CDFW) as described herein:

Provide all labor, tools, equipment, materials, permits and taxes necessary to install entry levers and locksets.

2. The services shall be performed at the Nimbus Fish Hatchery (NFH), 2001 Nimbus Road, Rancho Cordova, 95670, Sacramento County, California.

3. Construction shall be completed within FIVE (5) WORKING DAYS following notice from the

State to the Contractor to commence construction. For the purpose of determining contract time, the date on said notice to the Contractor shall be considered as the date of the notice plus three (3) calendar days not counting Sundays or holidays.

4. Additional contract time will be allowed for delay caused by shortage of materials provided

Contractor advises Engineer IN WRITING within 15 days from the beginning of such delay and provided Contractor has made diligent effort to get supplies from known sources.

5. License Required: C-28 Lock and Security Equipment

6. Items of Work:

All items of work on the contract form are to be complete in place. In addition, the specified items shall be in accordance with the following and shall include and furnish all labor, tools, equipment, materials, permits and taxes necessary to:

Item 1 - Install Entry Levers and Locksets

7. The Project Officials during the term of this agreement will be:

CDFW Contract Manager Contractor Project Director

Name: Gary Novak Name: TBD Phone: 916-358-2821 Phone:

E-mail: gary.novak@wildlife.ca.gov E-mail:

8. General

The Contractor shall visit and determine the actual condition of the site prior to submitting the bid and shall familiarize themselves of the work in place. Contractor shall investigate conditions character, quality and quantity of surface, and sub-surface materials of obstacles to be encountered. Failure by the Contractor to acquaint himself/herself with site conditions and available information will not relieve him/her from the responsibility for estimating properly the difficulty or cost of successfully performing the work. The submission of a bid will be considered as conclusive evidence that the Contractor has made such examination. No claim of the Contractor shall be made as a result of different physical conditions of any item or exposed work if

SAM

mailto:gary.novak@wildlife.ca.gov

ENTRY LEVERS AND LOCKSETS P1520014

A2 of A4 such condition is exposed and present at the time of inspection. If any unknown physical condition exists or is not exposed at the time of site inspection, unless noted in these specifications, an equitable adjustment will be made.

All work is to be performed in accordance with the Standard Specifications as stated below, except as provided in the General Conditions, Technical Specifications, and any applicable drawings.

All materials and workmanship shall comply with the following:

State and Federal rules and provisions:

1. 2013 California Building Standards Administrative Code, Title 24, Part 1, (CAC)

2. 2013 California Building Code, Volumes 1, and 2, Title 24, Part 2, (CBC) (2012

International Building Code with 2013 California Amendments)

3. 2013 California Residential Code, Title 24, Part 2.5, (CRC)

4. 2013 California Electrical Code, Title 24, Part 3, (CEC) (2011NEC with 2013

California Amendments)

5. 2013 California Mechanical Code, Title 24, Part 4, (CMC) (2012 IAPMO

Uniform Mechanical Code with 2013 California Amendments)

6. 2013 California Plumbing Code, Title 24, Part 5, (CPC) (2012 IAPMO Uniform

Plumbing Code with 2013 California Amendments)

7. 2013 California Energy Code, Title 24, Part 6, (CEEC)

8. 2013 California Historical Building Code, Title 24, Part 8, (CHBC)

9. 2013 California Fire Code, Title 24, Part 9, (CFC) (2012 of International Fire

Code with 2013 California Amendments)

10. 2013 California Existing Building Code, Title 24, Part 10, (CEBC)

11. 2013 California Green Building Standards Code, Title 24, Part 11, (CALGreen)

12. 2013 California Referenced Standards Code, Title 24, Part 12, (CRSC)

NFPA 13 - 2013 & NFPA 72 - 2013

13. Reference Code Sections for Applicable Stds; 2013 CBC, Chapter 35 & 2013 CFC, Chapter 45

14. Title 8 California Code Regulations (CCR), CAL/OSHA Regulations - Safety

Orders issued by Division of Industrial Safety of the State of California

15. Title 19 California Code Regulations (CCR), Public Safety, SFM Regulations, List of Federal Codes & Standards (if applicable)

16. DOT Standard Specifications and/or Plans; State of California, DOT, 2010

Additional Codes:

1. American Concrete Institute (ACI), Latest Edition

2. American Society for Testing and Materials (ASTM), Latest Edition

3. Steel Construction Manual, American Institute of Steel Construction, (AISC), 13th

Edition

4. American Welding Society, AWS

5. Underwriters Laboratories, Inc. (UL) Standards

ENTRY LEVERS AND LOCKSETS P1520014

A3 of A4

6. Sheet Metal and Air Conditioning Contractors National Association (SMACNA)

9. QUALITY CONTROL: The Contractor shall be responsible for the completeness of his/hers work. He/she shall be responsible for the progress of his/hers work until final completion and acceptance of same by the State, and shall make such checks on the work as may be necessary to assure conformance with these specifications.

10. Work Schedule

The Contractor shall furnish the Engineer a proposed work schedule THREE DAYS PRIOR TO BEGINNING WORK and The Contractor shall submit at such times as may be requested by the Engineer, schedules which shall show the order in which the Contractor proposes to carry on the work with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts.

11. Submittal Process

The Contractor shall submit four (4) sets (one (1) original and three (3) copies) of manufacturer’s data for all equipment and materials proposed for use on this job, complete with descriptions, information, and performance data to the Engineer for approval.

Submittals must be approved prior to start of the work identified in the respective submittals.

Two sets of submittals shall be returned for use by the Contractor.

12. Clean Up and Disposal of Refuse

Upon completion of the work under this contract, the Contractor shall remove all remaining excess materials, waste, rubbish, debris, temporary facilities and other equipment from the site. Final approval of the work done under these specifications will not be given until the final cleanup shall have met with the approval of the Engineer.

13. Restoration of Improvements

Any damage to existing facilities, structures or improvements caused by the Contractor, his/hers equipment or workmen, during the term of this contract, shall be repaired and the damaged item(s) restored to as good a condition as existed at the time work commenced at the Contractor’s own expense.

ENTRY LEVERS AND LOCKSETS P1520014

A4 of A4

14. Specifications

Scope of Work

The NFH has many broken and worn out door knobs and locksets. These items need to be replaced for security reasons. Doors are all metal exterior. Currently some of these knobs and locksets do not open or lock correctly causing a security issue and allowing the doors to be subject to break-ins. Fixing the door knob and lockset issues will help mitigate theft and vandalism to State property.

Requirements and Materials

The Contractor shall provide and install all parts and labor for the following:

Sixteen (16) new locksets – all keyed alike

Sixteen (16) grade 2 Schlage Saturn AL-Series Entrance Commercial Leversets, Part Number: AL53-SAT

Four (4) latch guards

Twelve (12) keys to be included

One (1) wrap around for door with mortise style lock if needed

ENTRY LEVERS AND LOCKSETS P1520014

EXHIBIT B – BUDGET DETAIL AND PAYMENT PROVISIONS

B1 of B3

1. Invoicing and Payment

A. For construction services satisfactorily rendered, 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 herein, which is attached hereto and made a part of this Agreement.

B. The Contractor shall be paid lump sum, in arrears. Contractor shall submit an original and two copies of the invoice, which properly details all charges, expenses, direct and indirect costs. Invoices shall be submitted to:

Contract Manager: Gary Novak Region/Division: North Central Region Nimbus Fish Hatchery

Address: 2001 Nimbus Fish Hatchery, Rancho Cordova, CA 95760

C. The original and one (1) approved copy of the invoice will be forwarded to the Department of Fish and Wildlife’s Accounting Claims Section by the Contract Manager.

Payment of any invoice will be made only after receipt of a complete, adequately supported, properly documented and accurately addressed invoice. Failure to use the address exactly as provided above, may result in the return of the invoice to the Contractor. All invoices must be approved by the Contract Manager.

D. Progress payments will not be made but the State.

E. Lump sum prices paid for the various items of the contract shall include full compensation for furnishing all material, labor, tools, and equipment, and doing all work involved in accomplishing the fulfillment of the plans and specifications as herein specified. Items necessary for the completion of the work for which no separate prices are herein included shall be considered included in the various items of the contract.

F. The invoice shall contain the following information:

1. The word “Invoice” should appear in a prominent location at the top of the page(s);

2. Printed name of the Contractor;

3. Business address of the Contractor including P.O. Box, City, State, and Zip

Code;

4. Name of the Region/Division of the Department of Fish and Wildlife being billed;

5. The date of the invoice and the time period covered;

6. The number of the agreement upon which the claim is based, and;

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7. An itemized account of the services for which the Department of Fish and Wildlife is being billed. Include all of the following:

a. The time period covered by the invoice, i.e., the term “from” and “to”;

b. A description of the services performed based on Items identified in Item 4;

“Budget Detail”;

c. The total amount due. This should be in a prominent location in the lower right-hand portion of the last page and clearly distinguished from other figures or computations appearing on the invoice; the total amount due shall include all costs incurred by the Contractor including retention under the terms of this agreement.

2. CONTRACT WRITTEN PRIOR TO APPROVAL OF THE BUDGET ACT

A. It is mutually understood between the parties that this Agreement may have been written prior to approval of the Budget Act for the mutual benefit of both parties in order to avoid program and fiscal delays.

B. This Agreement is valid and enforceable only if sufficient funds are made available by the

Budget Act for the Fiscal Year(s) involved for the purposes of this program. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Legislature and contained in the Budget Bill or any statute enacted by the Legislature which may affect the provisions, terms, or funding of this Agreement in any manner.

C. 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 the Contractor or to furnish any other considerations under this Agreement and the Contractor shall not be obligated to perform any additional provisions of this Agreement.

D. 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 the Contractor to reflect the reduced amount.

3. Prompt Payment Clause

Payment will be made within 45 calendar days of receipt of an undisputed invoice by Department of Fish and Wildlife Contract Manager as stated in Government Code, Chapter 4.5, commencing with Section 927.

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4. Budget Detail

Item No.

Approx.

Quantity

Items of Work Description Unit Price Item Total

1. 1 Job Install Entry Levers and Locksets Lump Sum $

C. 1 Job Contingencies (See Below)

As Determined by the Engineer

Lump Sum or Flat Fee

$ N/A

TOTAL BID: Sum of Item 1 and C $

5. Contingencies

Contingencies may be added to the final bid cost. Actual Percentage Amount shall be determined at time of Agreement Award and may be from zero percent (0%) to ten percent (10%) as determined by the CDFW Contract Manager.

Contingencies are for changes due to unforeseen items of work, and/or adjustments in the quantities of items bid on a unit price basis, as may be determined and allowed by the CDFW Contract Manager. The total amount to be paid under this item may be from zero (if no changes are allowed) to the full amount, as determined by the CDFW Contract Manager.

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CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE (CDFW) EXHIBIT G

ADDITIONAL PROVISIONS (PUBLIC WORKS)

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. AVAILABILITY OF FUNDS ~ Work to be performed under this agreement is subject to availability of funds through the State’s normal budget process.

3. LICENSES AND PERMITS ~ The Contractor shall be an individual or firm licensed to do business in California and shall obtain, at his/her expense, all licenses and permits required by law for accomplishing any work required in connection with this Agreement.

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

In the event any licenses and/or permits expire at any time during the term of this Agreement, Contractor agrees to provide the CDFW a copy of the renewed licenses and/or permits within thirty (30) days following the expiration date. In the event the Contractor fails to keep in effect, at all times, all required licenses and permits, the State may, in addition to any other remedies it may have, terminate this Agreement upon occurrence of such event.

4. RIGHTS IN DATA ~ The Contractor agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes and other written or graphic work produced in the performance of this Agreement, are subject to the rights of the State as set forth in this section. The State shall have the right to reproduce, publish, and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the State reserves a royalty-free, nonexclusive and irrevocable license to reproduce, publish, and use such work, or any part thereof, and to authorize others to do so.

5. SETTLEMENT OF DISPUTES ~ Unless otherwise provided in this Agreement, any dispute concerning a question of fact arising under this Agreement which cannot be resolved informally, shall be decided by the following two (2) step procedure:

A. The Contractor must provide written notice of the particulars of such disputes to the CDFW Contract Manager or appointed representative. The CDFW Contract Manager must respond, in writing, within ten (10) working days of receipt of the written notice of dispute. Should the Contractor disagree with the CDFW Contract Manager’s decision, the Contractor may appeal to the second level. Pending the decision on appeal the Contractor shall proceed diligently with the performance of this Agreement in accordance with the CDFW Contract Manager’s decision.

B. The second level appeal must indicate why the CDFW Contract Manager’s decision is unacceptable, attaching it to the Contractor’s original statement of the dispute with supporting documents, and a copy of the CDFW Contract Manager’s response. This

G2 of G15 letter of appeal shall be sent to the California Department of Fish and Wildlife, Deputy Director, or duly appointed representative. The second level appeal must be filed within fifteen (15) working days upon receipt of the CDFW Contract Manager’s decision. Failure to submit an appeal within the period specified shall constitute a waiver of all such rights to an adjustment of this Agreement. The Deputy Director, or designee, shall meet with the Contractor to review the issues raised. A written decision signed by the Deputy Director or designee, shall be returned to the Contractor within fifteen (15) working days of the receipt of the appeal. The decision of the Deputy Director, or designee, will be final.

6. CONFIDENTIALITY OF DATA ~ All financial, personal, technical, and other data and information relating to the California Department of Fish and Wildlife operations which are designated confidential by the California Department of Fish and Wildlife, and made available to the Contractor in order to carry out this Agreement, or which becomes available to the Contractor in carrying out this Agreement shall be protected by the Contractor for the protection of the Contractor’s data and information are deemed by the California Department of Fish and Wildlife’s confidential information, such methods and procedures may be used, with written consent of the California Department of Fish and Wildlife, to carry out the intent of this paragraph. The Contractor shall not be required under the provisions of this paragraph, to keep confidential any data or information which is or becomes publicly available, is already rightfully in the Contractor’s possession, is independently developed by the Contractor outside the scope of this Agreement or is rightfully obtained from third parties.

7. RIGHT TO TERMINATE ~ The State reserves the right to terminate this agreement subject to 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. The term “for cause” shall mean that the Contractor fails to meet the terms, conditions, and/or responsibilities of the contract. In this instance, the contract termination shall be effective as of the date indicated on the State’s notification to the Contractor.

This agreement may be suspended or cancelled without notice, at the option of the Contractor, if the Contractor or State’s premises or equipment are destroyed by fire or other catastrophe, or so substantially damaged that it is impractical to continue service, or in the event the Contractor is unable to render service as a result of any action by any governmental authority.

8. DISCLOSURE REQUIREMENTS ~ Any document or written report prepared in whole or in part pursuant to this Agreement shall contain a disclosure statement indicating that the document or written report was prepared through an Agreement with the State. The disclosure statement shall include the Agreement number and dollar amount of all Agreements and subcontracts relating to the preparation of such documents or written reports. The disclosure statement shall be contained in a separate section of the document or written report.

If the Contractor or subcontractor(s) are required to prepare multiple documents or written reports, the disclosure statement may also contain a statement indicating that the total Agreement amount represents compensation for multiple documents or written reports. The Contractor shall include in each of its subcontracts for work under this Agreement, a provision which incorporates the requirements stated within this section.

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9. USE OF SUBCONTRACTOR(S) ~ The Contractor shall adhere to the rules governing subcontracting as set forth in the Subletting and Subcontracting Fair Practices Act, commencing with Public Contract Code, Section 4100. Subcontractor substitutions shall be in accordance with provisions of the Subletting and Subcontracting Fair Practices Act, beginning with Public Contract Code, Section 4100. Violations of this Act by the Contractor may subject the Contractor to penalties and disciplinary action as provided by the Subletting and Subcontracting Fair Practices Act. If the Contractor desires to accomplish part of the services through the use of one (1) or more subcontractors, the following conditions must be met:

A. The Contractor shall submit any subcontracts to the State for approval prior to starting any of the work;

B. The Agreement between the primary Contractor and the subcontractor must be in writing;

C. The subcontract must include specific language which establishes the rights of the auditors of the State to examine the records of the subcontractor relative to the services and materials provided under the Agreement; and

D. The Contractor shall pay the Contractor’s Subcontractors for work performed no later than 10 days after receipt of each progress payment. If there is a good faith dispute over all or any portion of the amount due a Subcontractor on a progress payment, the Contractor may withhold no more than 150 percent of the disputed amount. This provision shall apply to Sub-subcontractors also. A violation of these requirements invokes the payment and penalty provisions of Public Contract Code, Section 10262 and Section 10262.5

E. If a subcontractor contracts a portion of the work to a lower tier subcontractor, the subcontractor may not sublet any portion of the work without the written permission from the State. The lower tier subcontractor must have the proper license with the Contractors State License Board (CSLB) and must be registered with Department of Industrial Relations (DIR).

F. Upon termination of any subcontract, the State shall be notified immediately, in writing.

10. POTENTIAL SUBCONTRACTOR(S) ~ Nothing contained in this Agreement or otherwise shall create any contractual relation between the State and any subcontractor(s) and no subcontract shall relieve the primary Contractor of its responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractor(s) and of persons directly employed 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 subcontractor(s) is an independent obligation from the State’s obligation to make payments to the primary Contractor. As a result, the State shall have no obligation to pay or to enforce the payment of any monies to any subcontractor. The State will not entertain requests to arbitrate disputes among Subcontractors or between the Contractor and Subcontractor(s) concerning responsibility for performing any part of the Work.

11. TRAVEL AND PER DIEM ~ The Contractor agrees that all travel and per diem paid its employees under this Agreement shall be at rates not to exceed those amounts paid to the nonrepresented/excluded State employees. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the State.

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12. INSURANCE ~ When the Contractor submits a signed Agreement to the State, the Contractor shall furnish to the State, a certificate of insurance…