QR_24C745000_AUTOMATIC_GATE_ROLL_UP_DOORS_MAINT.pdf

State of California Department of California Highway Patrol

Quote Request (QR)

QR #24C745000

EVENT DATE TIME

Issue/ Released Date 03/29/2024

Mandatory Walk-Through 04/17/2024 09:00 am

Question Deadline 04/22/2024 04:00 pm

QUOTES DUE (via email) 05/01/2024 03:00 pm

SERVICES SHALL BE PROVIDED AT:

Department of California Highway Patrol San Luis Obispo Area Office 675 California Boulevard San Luis Obispo, CA 93401

BIDDER INSTRUCTIONS

BIDDER

NAME PROSPECTIVE VENDORS Email the completed signed QR forms, certifications and/or qualifications, on or before the date and time specified above to sridharan.krishnamurthy@chp.ca.gov

The Department of California Highway Patrol (CHP) is soliciting quotes from Certified Small Business Vendors to provide QUARTERLY MAINTENANCE SERVICES ON THE AUTOMATIC GATES/ROLL-UP DOORS for the CHP SAN LUIS OBISPO AREA OFFICE as specified in Exhibit A, Scope of Work (SOW). Included in this QR package are:

The following is included in this Quote Request and must be submitted with your quote. Vendors who fail to submit all the requested documents, will be deemed non-responsive and their quote will be rejected.

1. Attachments 1 through 9 – Required to Return o Attachment 1: Attachment Checklist o Attachment 2: Quote Request Form o Attachment 3-7: Additional Required Forms to be submitted with Attachment 1 and 2

2. Proposed Agreement (STD 213) and Exhibits (A-E) – See Proposed Exhibit A for Scope of Work o Exhibit C, General Terms and Conditions is incorporated by reference and is available on the Internet at http://www.dgs.ca.gov/ols/Resources.

ANTICIPATED AGREEMENT TERM: 07/01/2024 or Upon Approval, whichever is later, through 06/30/2027.

LICENSE REQUIREMENT: Contractor State License Board (CSLB) C-61 / D-28 (Doors, Gates, Activating Devices), and Local County or City Business License

MANDATORY WALK-THROUGH

• Date: April 17, 2024

• Time: 09:00 am

• Location/Check in with: CHP San Luis Obispo Area Office, 675 California Blvd., San Luis Obispo, CA 93401

• Vendors MUST attend and SIGN IN

There are NO DVBE Requirements or Incentives for this Quote Request.

VENDOR QUESTIONS: MUST be submitted in writing VIA EMAIL to Sri Krishnamurthy, Contract Analyst, at sridharan.krishnamurthy@chp.ca.gov Answers to questions will be provided via Addendum.

This acquisition shall be awarded pursuant to Government Code Section 14838.7 for contract awards of $5,000.01 to $388,000.00 to State of California certified Small Business / Disabled Veteran Business Enterprises.

In accordance with the California Government Code and Americans with Disabilities Act (ADA) requirements, this QR can be made available in a text-only format on a compact disc as a disability-related reasonable accommodation. Contact the contract analyst below, if reasonable accommodations are needed.

Contact: Sri Krishnamurthy Contract Analyst Email: sridharan.krishnamurthy@chp.ca.gov

Phone: (916) 843-4318 mailto:sridharan.krishnamurthy@chp.ca.gov http://www.dgs.ca.gov/ols/Resources mailto:sridharan.krishnamurthy@chp.ca.gov mailto:sridharan.krishnamurthy@chp.ca.gov

QR #24C745000 Page 2 of 2

THIS IS A QUOTE REQUEST: Bidders are solely responsible for understanding the scope of work and all requirements, terms, conditions, evaluation criteria, etc. If the language is unclear or ambiguous, it is the bidder’s responsibility to request clarification or assistance before submitting a quote. No verbal information will be binding upon the State unless the State issues such information in writing.

The State reserves the right to amend the resulting agreement. Increases in cost must be included with the original quote.

INSTRUCTIONS AND REQUIREMENTS

1. Quantities listed on Quote Request Form are the State’s estimates only and are offered as a basis for comparison of quotes. The State does not expressly or by implication agree that the actual amount of work will correspond therewith and reserves the right to omit portions of the work as may be deemed necessary or advisable by the State.

2. Bidder certifications and/or qualifications and/or licensing requirements (if any) are specified in Exhibit A Scope of Work contained within the Proposed Agreement. The bidder shall provide verification as specified upon submitting a quote and comply with all requirements.

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

4. The total amount of the quote will be rounded up to the nearest whole dollar when the Agreement documents are prepared.

5. By virtue of submitting a quote, the contractor signing is accepting all terms and conditions expressed herein.

Quotation responses that reference a supplier’s own terms and conditions or provisions will be considered non-responsive, and the quote will be rejected. The state assumes no responsibility, if a quote was not received timely or correctly.

6. The State is not required to award an agreement and reserves the right to reject all quotes.

7. In the event of a tie quote, the CHP reserves the right to determine the bidder based on the percent of discount specified on Quote Request Form, if applicable. If not applicable or if there is a tie discount, a witnessed coin toss or lot drawing will be used to determine the bidder entitled to the award.

8. Award will be made to the lowest responsible bidder. For the purposes of this solicitation, award will be made on the basis of “All or None”.

9. Only quotes supplied on the State’s own quotation forms and signed by an authorized representative will be considered.

10. The successful bidder will enter into an agreement with the State, which will be prepared on a Standard Agreement (STD 213) form, which includes Exhibits A, B, C, D, and E.

11. After award, STD 213 forms will be sent electronically to the contractor for e-signature. Upon receipt, the contractor will sign each STD 213 with an original signature and return with any required supporting documentation specified.

In the event the State has not received the signed agreement and the required documents within the specified timeframe, the award may be rescinded and awarded to the next lowest responsible bidder.

12. Agreements are not valid unless and until approved by the Department of General Services (DGS), or, under its authority, the CHP. The State has no legal obligation unless and until the agreement is approved. Any work commenced by the contractor prior to agreement approval may be considered voluntary and the contractor may have to pursue claim for payment by filing with the California Victim Compensation and Government Claims Board. When the agreement is approved by the State, a “fully executed” copy will be forwarded to the awarded contractor.

13. Should the awarded contractor fail to commence work at the agreed upon date and time, the State, upon five (5) days written notice to the contractor, reserves the right to terminate the agreement and award to the next lowest responsible bidder, if applicable.

QR #24C745000

Attachment 1

Required Attachment/Certification Checklist

REQUIRED ATTACHMENT CHECK LIST

I have completed and returned the following Attachments:

Please check all attachments, forms, and printouts included with bid.

Confirmed by CHP

Yes � Attachment 1, Required Attachment Checklist � Attachment 2, Bid Form � Attachment 3, Client References � Attachment 4, Contractor Certification Clauses (CCC 04/2017) � Attachment 5, CHP 116 - Darfur Contracting Act (If option 2 was selected, a copy of the written permission from DGS is attached.)

� Attachment 6, STD. 204, Payee Data Record � Attachment 6A, STD. 205, Payee Data Record Supplement � Attachment 7, CHP 78V, Conflict of Interest & Confidentiality Statement – Vendor

Yes No

REQUIRED DOCUMENTS TO BE SUBMITTED WITH BID:

Yes N/A

California Businesses � Copy of a current business license issued by the government jurisdiction in which the business is located, unless no license is required. Attach an explanation if a license copy cannot be supplied or there is reason to believe no license is required.

Yes No

Yes N/A

Corporations: [Check “N/A” if not a Corporation.] � Copy of the Certificate of Status issued by California’s Office of the Secretary of State or � Copy of the bidding firm’s active on-line status information downloaded from the

California Business Portal website.

� Attach an explanation if the required documentation cannot be supplied.

Yes No

Yes N/A

Nonprofit Organizations: [Check “N/A” if not a nonprofit organization.] � Provide A copy of a current IRS determination letter indicating nonprofit or 501 (3) (c) tax exempt status.

Yes No

Yes Copy of License(s) and/or Certification(s)

� Copy of License(s) Yes No

Yes � Copy/Printout of Contractor’s and Subcontractor(s’) Department of Industrial

Relations (DIR) Registration (http://www.dir.ca.gov/Public-Works/Contractor- Registration.html

*Note Contractor and its subcontractor(s) listed on the bid form must be registered with the DIR prior to submitting a bid.

Yes No

Yes Copy of DIR Registration pursuant to California Labor Code Sections 1420-1434 - Property Service Workers Protection Act effective July 1, 2018. Required see Section H. Qualification Requirements.

Yes No

Yes N/A

Addenda (Please check all Addenda received:

_____Addendum 1 _____Addendum 3 _____Addendum 5

Addendum 2 Addendum 4 Addendum 6

Yes No http://www.dir.ca.gov/Public-Works/Contractor-Registration.html http://www.dir.ca.gov/Public-Works/Contractor-Registration.html

Attachment 2

QUOTE REQUEST FORM

Name of Bidding Firm (Legal name as it will appear on the Agreement)

Mailing address City State Zip Code

Telephone number Fax number Email address (If applicable)

Name of Contact Person Telephone number (If different from above)

Submitted hereon is the bid rate to provide Quarterly Maintenance Services on the Automatic Gates/Roll-Up Doors per the specifications of this QR. Bidder shall provide rate(s) in clear, legible figures in the spaces provided. Failure to provide the required rates shall be cause for rejection of your bid.

NOTE:

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

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

Any modification to this bid form shall render your bid non-responsive.

A. QUARTERLY MAINTENANCE SERVICES ON THE AUTOMATIC GATES/ROLL-UP DOORS

Location Rate Per Service (A)

Number of Services

(Contract Term) (B)

Total Amount

(A) X (B)

Department of California Highway Patrol San Luis Obispo Area Office 675 California Boulevard San Luis Obispo, CA 93401

$ 12 $

(BASIS OF AWARD)

Certified small business or micro business preference Certification #___________

FOR ANY CERTIFICATIONS CLAIMED A COPY OF THE OSDS CERTIFICATION LETTER MUST ACCOMPANY BID.

Attachment 2

Bidder Acknowledgment/Certification The bidder hereby certifies that the materials submitted in response to this QR and the price(s)/rate(s) offered on this Bid Form are true and accurate to the best of the bidder's knowledge. The bidder further understands that the above quoted rate(s) must include all of the bidders costs including operating expenses, labor, service call charges, diagnostic fees/estimates, transportation/travel costs, mileage or per diem expenses, equipment costs, supplies, annual inflation costs/rate adjustments, profit margin, etc. By submitting this Bid Form the bidder hereby claims its willingness to certify to and comply with all requirements and terms and conditions cited in this QR and any attachment thereto. The bidder guarantees that the bid prices will be valid for 120 days.

The bidder agrees that the price(s)/rate(s) offered herein shall remain in effect until CHP awards the agreement and throughout the duration of the agreement. Any cost over-runs or increases in services, if allowed, shall be billed at the price(s)/rate(s) stated for the appropriate budget period. Agreement extensions, if any, shall be billed at the price(s)/rate(s) stated for the last budget period/year if more than one budget period/year is shown.

The bidder certifies that the rates submitted do not violate California Unfair Trade Practice Laws, California Business and Professions Code (B&PC) Section 17043, B&PC Section 16700 et seq., B&PC Section 17200, Common Law Interference Advantage, Common Law Unfair Competition, and Federal or state prohibitions against contracts in restraint of trade. Bids which violate these provisions will be rejected.

The bidder certifies that all conditions and qualifications are met and in effect on the date of this bid. The bidder understands that its bid response will become a public document and will be open to public inspection.

The bidder acknowledges that if awarded the Agreement, Contractor shall not begin work before receiving an approved, signed copy of the Agreement.

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

Bidder's signature: Date signed:

Printed/typed name: Title:

DIR Registration Number:

CSLB License Number:

Attachment 3

Client References

List three (3) clients served in the past five (5) years for which the vendor’s firm provided similar services. List the most recent first. In addition to the references listed, CHP may check with CHP offices previously or currently serviced by your company.

REFERENCE 1

Name of Firm

Street address City State Zip Code

Contact Person Telephone number Dates of service Value or cost of service

Brief description of service provided

REFERENCE 2

Name of Firm

Street address City State Zip Code

Contact Person Telephone number

REFERENCE 3

Name of Firm

Street address City State Zip Code

Contact Person Telephone number

If three references cannot be provided, explain why:

Attachment 4

CCC 04/2017 – CERTIFICATION

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

Contractor/Vendor 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. (GC 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: (1) the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (GC 8350 et seq.)

3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court which orders Contractor to comply with an order of the National Labor Relations Board. (PCC 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.

NOTE: This form represents only the certification portion of the Contractor Certification Clauses (CCC). Additional information about contracting with the State appears in the full text of the applicable CCC. Visit this web site to view the entire document:

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language

Attachment 5

Attachment 6

Attachment 6

Attachment 6A

Attachment 6A

Attachment 10

2. The term of this Agreement is:

and TBD Upon Award

Agreement #24C745000

EXHIBIT A

(Standard Agreement)

SCOPE OF WORK

1. Contractor agrees to provide to the Department of California Highway Patrol (CHP) San Luis Obispo Area office the services described herein: furnish all supplies, materials, tools, equipment, labor, personnel, and supervision; pay all taxes, insurance, bonds, license and permit fees, and all other direct and indirect costs necessary for the quarterly maintenance services on the automatic gates/roll-up doors in accordance with the terms set forth in this Agreement.

A. License Requirement: Contractor State License Board (CSLB) C-61 / D-28 (Doors, Gates, Activating Devices).

B. Contractor shall provide a Certificate of Insurance in accordance with the Insurance Requirements found in this Agreement (Exhibit E).

2. The services shall be performed at:

San Luis Obispo Area Office 675 California Boulevard San Luis Obispo, CA 93401

3. The services shall be provided during:

Work shall be performed on weekdays (Monday – Friday 8:00 a.m. to 5:00 p.m.) unless other arrangements have been made with the CHP Facilities Coordinator and the on-site contact.

Contractor shall schedule the date and time the service is to be performed with the CHP on-site contact one (1) week prior to service. Contractor shall sign-in and sign-out with the CHP on-site contact on each service call to provide verification the service has been provided

4. The project representatives during the term of this Agreement will be:

STATE AGENCY

CONTRACTOR

TBD Upon Award

NAME

Adam Coen, Facilities Section Coordinator

NAME

TELEPHONE NUMBER

(916) 843-3800

FAX NUMBER

(916) 322-3172

EMAIL

facilities701@chp.ca.gov

Direct all inquiries to:

STATE AGENCY

CONTRACTOR

SECTION/UNIT

Contracts Services Unit

SECTION/UNIT

ATTENTION

Sri Krishnamurthy, Contract Analyst

ATTENTION

ADDRESS

601 North 7th Street, Sacramento, CA 95811

ADDRESS

(916) 843-4318 sridharan.krishnamurthy@chp.ca,gov mailto:facilities701@chp.ca.gov mailto:sridharan.krishnamurthy@chp.ca,gov

Agreement #24C745000

EXHIBIT A

5. Contractor shall provide quarterly maintenance every ninety (90) days as identified below and services are to consist of the following:

A. Lube all points of friction, including but not limited to, rollers, bearings, gears, and guides, etc.

B. Ensure the gates are balanced, the motor limiters are properly adjusted, the drive chains are tight, and the manual system is in proper working order, etc.

C. Inspect and test the function of the gates, including but not limited to, the electrical wiring and connections, chain, chain shafts, gears, and bearings, etc.

D. Quarterly maintenance supplies shall include, but is not limited to, belts, cleaning chemicals, oil, grease, cleaning rags, switches, and fuses.

E. Oiling all moving parts, align, tighten drive chain on gate, set limit switches, etc.

F. Inspect motor and clutch mechanism for wear.

G. Inspect bearings, gears, and shafts for wear.

H. Check oil and fluid levels, fill if needed.

I. Grease chain shafts, bearings, etc.

J. Inspect all electrical parts and wiring including touch pad controls and ground loops. This includes radio receivers. Any work requiring a C-7 or C-10 license will not be covered under this contract.

K. Inspect chain for wear, lube and replace any broken or worn links.

L. Inspect gate wheel; grease as needed.

M. Inspect welding of the gate structures and “V’ groove wheel track.

N. Make any adjustment to gates as needed for proper clearances and tolerances.

O. All maintenance performed shall be in compliance with minimum manufacturer’s operating specifications for the model and make of this equipment.

P. Notify the CHP on-site contact of any deficiencies in a timely manner.

6. Quarterly Maintenance Schedule

Depending on when the contract is awarded, Contractor shall schedule the first quarterly maintenance within thirty (30) days of contract execution.

Quarter 1 January through March Quarter 2 April through June Quarter 3 July through September Quarter 4 October through December

For example: If contract is executed in February, the first quarterly maintenance must be done in March, the next quarterly maintenance would be conducted 90 days thereafter, i.e., June, September, and December.

Agreement #24C745000

EXHIBIT A

7. Miscellaneous Information

A. The CHP reserves the right to have an independent consultant inspect the equipment at any time to ensure that the services being provided are in compliance with the contract specifications.

Additionally, the Contractor shall conduct its operation as to avoid damage to the property of CHP or to adjacent property. If any property is damaged by reason of the Contactor’s operations, such property shall be replaced or restored at the Contractor’s sole expense and to the satisfaction of the CHP Facilities Coordinator or designee.

B. Travel time is not included and should be incorporated into the hourly rate.

8. Guarantee

Contractor will unconditionally guarantee that all work will be done is in accordance with the requirements of the Scope of Work and further will guarantee the work performed remains free of defects in workmanship and materials for a period of two (2) years from the date of acceptance, unless a longer guarantee period is specifically called for.

8. Miscellaneous/ Unforeseen Repairs

There is no funding in this contract for miscellaneous repairs. If, during routine maintenance, the need for repair of state-owned equipment is discovered, the Contractor may provide a detailed proposal; however, no repair or replacement can be charged to this contract. The CHP will seek proposals according to state contracting or purchasing codes at which time the Contractor may participate in the process.

Agreement #24C745000

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Invoicing and Payment

A. For services satisfactorily rendered, and upon receipt and approval of the invoice(s), the State agrees to compensate Contractor in accordance with the rates specified herein.

B. Contractor agrees to submit one (1) original and one (1) copy of all invoices, clearly indicating the Agreement number, once a quarter to:

Area Commander or Designee San Luis Obispo Area Office 675 California Boulevard San Luis Obispo, CA 93401

C. Invoices not on pre-printed bill heads shall be signed by Contractor furnishing the service.

2. Budget Contingency Clause

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

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

3. Prompt Payment Clause

Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

4. Rate Schedule

A. CHP agrees to pay Contractor $TBD in arrears, to provide quarterly Maintenance Services on the Automatic Gates/Roll-up Doors at the CHP San Luis Obispo Area Office. The total contract amount shall not exceed $TBD.

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

1. APPLICABLE LAWS AND REGULATIONS

A. GENERAL

The Contractor shall be informed of and comply with all Federal and State statutes, rules, and regulations applicable to the contract and to those engaged or employed through the contract. The Contractor shall hold the State, its officers, agents, and employees harmless and indemnify and defend the State for any claims for damages arising out of occurrences, accidents, or misuse by the Contractor or subcontractors.

If a conflict arises between the provisions of the Plans and Specifications and any such statute, rule or regulation, the Contractor shall notify the State at once in writing. If, before receiving clarification, the Contractor performs any portion of the work affected by the conflict, any performance shall be at the Contractor's own risk, and he/she shall not be entitled to any additional compensation.

The Contractor shall be liable for damage to any person or property resulting from defects in the work or, obstructions throughout the term of the contract or at any time before acceptance of the completed work.

Neither the State nor the Contractor is subject to municipal, county or district statutes, rules or regulations pertaining to building permits or regulating the design or construction of buildings on State property.

B. EXPATRIATE CORPORATIONS

California Public Contract Code section 10286.1 a State agency shall not enter into any contract with an expatriate corporation or its subsidiaries.

C. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals.

“Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

D. PERMITS AND LICENSES

The Contractor shall be an individual or firm licensed to do business in California and shall obtain at Contractor’s expense all license(s) and permit(s) required by law for accomplishing all work required relating to this Agreement.

In the event any license(s) and/or permit(s) expire during the term of this Agreement, Contractor agrees to provide CHP with a copy of the renewed license(s) and/or permit(s) within thirty (30) days following the expiration date. In the event the Contractor fails to maintain all required license(s) and permit(s), the State may, in addition to any other remedies it may have, terminate this Agreement upon occurrence of such event.

Pursuant to the Business and Professions Code, Division 3, Chapter 9, it is a misdemeanor for any person to submit a bid to a public agency to engage in the business or act in the capacity of a Contractor within this State without having the required license except in any of the following cases:

1) The person is exempted from the provisions of this chapter; or

2) The bid is submitted on a State project governed by California Public Contract Code section 10164.

This chapter shall not apply to a joint license as required by Business and Professions

Code section 7029.1. However, if the Contractor makes the bid as a joint venture, each person submitting the bid shall be subject to this chapter with respect to his/her individual license.

This chapter shall not affect the right or ability of a licensed architect or registered professional engineer to form joint ventures with licensed Contractors to render services within the scope of their respective practices.

E. PERMITS AND CERTIFICATIONS FROM STATE BOARD OF EQUALIZATION

This solicitation and any resulting contract shall be subject to all requirements as set forth in Sections 6487, 7101 and sections 6452.1, 6487.3, 18510 of the Revenue and Taxation Code, and section 10295.1 of the Public Contract Code requiring suppliers to provide a copy of their reseller’s permit or certification of registration and, if applicable, the permit or certification of all participating affiliates, issued by California’s State Board of Equalization. Failure of the supplier to comply by supplying the required permit or certification will cause the supplier’s bid response to be considered non-responsive and their bid rejected. Unless otherwise specified in this solicitation, a copy of the reseller’s permit or certification of registration must be supplied within five (5) State business days of the request made by the State.

F. PREVAILING WAGE RATES AND WORK HOURS

The Director of the Department of Industrial Relations has ascertained general prevailing wage rates in the county in which the work is to be performed. The rates of prevailing wage are determined by the Department of Industrial Relations, Labor Statistics and Research. The Prevailing Wage Rates as specified by the Department of Industrial Relations (DIR) are available on the DIR Web site, www.dir.ca.gov/DLSR/Pwd.

The prevailing wage rates set forth are the minimum that shall be paid by the Contractor.

Nothing contained herein shall be construed as preventing the Contractor from paying more than the minimum prevailing wage rates. No extra compensation will be allowed by the State due to the Contractor’s inability to hire labor at minimum rates.

If it becomes necessary to employ work classifications other than those listed in the bid, the Contractor shall notify the State immediately and the State will ascertain the additional prevailing wage rates from the date of initial payment.

It is further agreed that the maximum hours a worker is to be employed is limited to eight

(8) hours a day and forty (40) hours a week and the Contractor shall forfeit, as a penalty to the State, twenty-five dollars ($25.00) for each worker employed in execution of the contract for each calendar day during which a worker is required or permitted to labor for more than eight hours in any calendar day or more than forty (40) hours in any calendar week, in violation of California Labor Code Sections 1810 – 1815, inclusive.

The Contractor shall comply with all prevailing wage rate requirements and shall be subject to all restrictions and penalties in accordance with California Labor Code sections 1770 - 1780.

G. PUBLIC WORKS CONTRACTOR REGISTRATION PROGRAM

1. In accordance with the provisions of Code of Regulations Title 8, Section 16000, the

Department of Industrial Relations has ascertained the work for this project to be performed as a public work. Refer to http://www.dir.ca.gov/t8/16000.html.

2. No Contractor or subcontractor may be listed on a bid proposal for a 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)].

3. 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 pursuant to Labor Code Section 1725.5.

http://www.dir.ca.gov/DLSR/Pwd http://www.dir.ca.gov/t8/16000.html

4. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Refer to http://www.dir.ca.gov/Public-Works/SB854.html for more information.

5. Contractor shall maintain its registration with the Department of Industrial Relations per the requirements set forth in Labor Code 1725.5 (a)(1) during the term of this Agreement.

2. PAYMENT RECORDS

The Contractor and each subcontractor shall keep an accurate payroll record showing overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Contractor and/or subcontractor in relation with the work. Payroll records shall be certified and shall be on forms provided by the Division of Labor Standards Enforcement, or shall contain the same information as those forms. Upon written request by the State, the Contractor's and Subcontractor's certified payroll records shall be furnished within ten (10) days. The Contractor's and Subcontractor's certified payroll records shall be available for inspection at the principal office of the Contractor in accordance with California Labor Code section 1776.

3. 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, whom 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.

4. CONTRACTOR’S WAIVER

Neither the State nor any of its officers or employees shall be liable for: loss or damage to the Contractor’s work or any part thereof or to any of the materials used in performing the work; injury to any person(s), either workers or the public and for damage to property due to the Contractor’s intentional or negligent acts that might have been prevented by the Contractor or anyone employed by him/her. In addition to any remedy authorized by law, any money due the Contractor under the contract may be retained by the State until final disposition of the lawsuit, legal action(s) or claims. This provision shall not be construed as precluding the State from enforcing any right to offset any current contract the Contractor may have with the State as to any money owed to the State.

5. TERMINATION OF CONTRACTOR'S CONTROL

Failure to supply an adequate working force, material of proper quality, or failure in any other respect to prosecute the work with the diligence and force specified in the Agreement, http://www.dir.ca.gov/Public-Works/SB854.html are grounds for termination of Contractor's control over the work. The CHP will take over the work as provided in the State Contract Act.

6. CONTRACT APPROVALS AND COMMENCEMENT OF WORK

Contracts are not valid unless and until approved by California Department of General

Services, if such approval is required by law. The Contractor is not to commence or proceed with any work in advance of receiving notice that the contract has been approved.

Any work performed by the Contractor in advance of the date of approval by the Department of General Services shall be deemed volunteer work and will not be reimbursed by the State.

7. PERSONNEL

Competent trained personnel are to be used. Contractor must notify the State, in writing, of any changes of those personnel allowed access to State premises to provide services under this Agreement. The new personnel will be introduced to CHP Project Representative prior to beginning work and will submit their information for security clearance. In addition, Contractor must recover and return any State-issued identification card provided to Contractor’s employee(s) upon their departure or termination.

8. SUBCONTRACTOR/CONSULTANT INFORMATION

Contractor is required to identify all subcontractors and consultants who will perform labor or render services in the performance of this Agreement via the subcontractors List form provided in the bid documents. Contractor and all subcontractors must be licensed for the scope of work performed under this Agreement.

A. All persons including subcontractors, engaged in work to fulfill this Agreement will be considered as employees of the Contractor. Contractor shall give personal attention to fulfillment of this Agreement and shall maintain control over the work provided. Should any subcontractor fail to complete a portion of the work in a manner satisfactory to CHP, Contractor shall correct the defective work and/or materials at no additional expense to the CHP.

B. CHP shall not entertain requests to arbitrate disputes among subcontractors or between

Contractor and subcontractors concerning responsibility of performing any part of the work. Contractor is responsible for all work performed under this Agreement.

C. CHP assumes no responsibility for the payment of subcontractors. Contractor accepts sole responsibility for the payment of subcontractors used in the performance of work relating to this Agreement.

D. Contractor shall ensure that all subcontracts for services include provisions requiring compliance with applicable terms and conditions specified in this Agreement and all exhibits incorporated by reference.

E. Additionally, the Contractor shall notify the Department of California Highway Patrol, Business Services Section, Contract Services Unit, in writing, within ten (10) working days, of any changes to the subcontractor and/or consultant information.

9. BUILDING SECURITY REQUIREMENTS

All personnel who are assigned to the contract will be subject to a driver license and fingerprint check through the California Criminal History Information System and/or Federal Bureau of Investigation, as needed, before access to a CHP facility is authorized. The Area commander shall be provided with the names of personnel who will be working in the State building or grounds.

If changes in personnel are required, prior written notification of said changes must be made to the Area commander. Upon the initial driver license check returning clear and the receipt of a fully approved contract, services may commence. An adverse finding under the fingerprint check, may at the sole discretion of CHP, result in a requirement for personnel replacement or cancellation of the contract.

If the Area commander receives an unsuitable report on Contractor or employee after processing security clearance; or if it is found that Contractor or employee is unsuitable or unfit for the assigned duties, Contractor shall be advised immediately that this individual cannot continue to work or be assigned to work under the Agreement.

The CHP shall have and exercise full and complete control over granting, denying, withholding or terminating clearance for Contractor, including employees. The CHP may, as it deems appropriate, authorize and grant temporary clearance to Contractor and employees. However, the granting of temporary clearance shall not be considered as assurance that full clearance will follow as a result or condition thereof and the granting of either temporary or full clearance shall in no way bar, preclude, or prevent the termination or withdrawal of any such clearance by the CHP.

10. CONTRACTOR FACILITY CHECK-IN

Contractor must sign in and out with the CHP Division Analyst or his/her designee to indicate the start and end of each day's task. If sign in and out is not done, the invoice may be disputed due to the hours of Contractor being on site not being documented.

11. CONDUCT OF WORK AND PERSONNEL

A. Contractor shall be responsible for maintaining satisfactory standards of employee appearance, competency, conduct, and integrity. All service personnel should wear shirts with their company logo clear and visible. No torn clothing will be allowed on site.

All personnel assigned to the Area office shall be alcohol and drug free. Contractor shall be responsible for taking such disciplinary action with respect to employees as may be necessary. Contractor is also responsible for ensuring that employees do not disturb papers on desks, open cabinets, or desk drawers, or use State telephones except as authorized.

B. The State reserves the right to do other work related to the project or adjacent thereto by contract or otherwise. The Contractor shall always conduct his/her work as to not impose a hardship on the State, others engaged in the work or to cause any unreasonable delay or hindrance. Where two (2) or more Contractors are employed on related or adjacent work, each shall conduct their operations in such manner as not to cause delay or additional expense to the other.

C. The Contractor shall make provisions to accomplish the work of the contract without undue interruption of services. Interruption of any services for the purpose of making or breaking a connection shall be made only after consultation with the State and shall be at such time and of such duration as may be directed.

D. The Contractor's activities on State property shall be confined to spaces, areas, roads and locations as directed by the State.

E. Parking arrangements for Contractor's personnel shall be made through the State.

F. No firearms, narcotics, drugs, intoxicants or other restricted materials shall be allowed on the premises.

12. SUPERVISION

A. Contractor shall arrange for satisfactory supervision of the Agreement work and shall bring to the attention of the CHP any problems that should be corrected, including preventative maintenance. This is not a responsibility for the CHP.

B. All work shall be performed in a professional manner within the standards of the industry, using proper equipment, methods, materials and certified personnel.

Contractor will be liable for any damage to the property or its contents through negligence on the part of Contractor or his/her staff.

C. Contractor shall provide, in writing, to the CHP, at least five (5) days prior to the

Agreement starting date, the names, telephone numbers, and addresses of the on-site supervisors. The term “on-site supervisor” means a person designated in writing by Contractor with authority to act for Contractor at the work site.

13. EQUIPMENT

Restrictions may be placed on the quantity and type of equipment and materials left within existing facilities during breaks, meals or at the end of each workday.

14. UTILITIES

The Contractor shall not interrupt utilities except with two days' prior written notice and approval from the State. Interruptions shall be scheduled to minimize the duration and disruption to the existing operation.

15. INSPECTION

The Contractor shall always permit the State and its authorized agents and representatives to visit and inspect the work site while work is in progress. This obligation shall include maintaining proper facilities and safe access for such inspection. Where the contract requires the work to be tested, it shall not be covered up until inspected and approved by the State. The Contractor shall be solely responsible for notifying the State where and when such work is ready for inspection and testing. Should any such work be covered without such testing and approval, it shall be uncovered at the Contractor's expense. The Contractor shall give the State a twenty-four (24) hour notice prior to performing work on a Saturday, Sunday, or a State holiday, so that the State may make the necessary arrangements.

16. MATERIALS AND WORKMANSHIP

All materials used and all work performed under the contract shall conform in all respects to the latest amended rules, regulations and requirements which are set forth in the Uniform Building Code, Uniform Plumbing Code; National Electric Code; California Electric Safety Orders; California Department of Industrial Relations, Division of Industrial Safety regulations; and any other regulatory requirement having jurisdiction over this type of work.

Materials, articles or equipment furnished by the Contractor for incorporation into the work shall be new. When the contract documents indicate or require that such materials, articles or equipment are to be furnished, but the quality or kind thereof is not particularly specified, shown or indicated, the Contractor shall furnish materials, articles or equipment at least equal to the class or quality of the materials, articles or equipment that are specified, shown or indicated. Substantiating data of the equal item shall be presented to the State within 35 calendar days after the award of the contract. All work shall be performed in a first class and workman-like manner in accordance with the true intent and meaning of the Plans and Specifications. Every part of the work shall be accomplished by the workers, laborers or mechanics especially skilled in the class of work required and workmanship shall be the best.

Completed work shall be to the entire satisfaction of the State of California. The State shall be the sole judge as to whether the materials or workmanship is acceptable. Should any portion of the completed work or any materials, articles or equipment delivered fail to comply with the requirements of the contract, such work, materials, articles or equipment shall be rejected. The Contractor shall immediately replace, at his/her own expense, all unacceptable materials and all unacceptable work shall immediately be made satisfactory to the State by the Contractor at no additional expense to the State. Any rejected materials, articles or equipment shall immediately be removed from the premises at the expense of the Contractor.

17. LIABILITY FOR NONCONFORMING WORK

The Contractor will be fully responsible for ensuring that the completed work conforms to the agreed upon terms. If nonconformity is discovered prior to the Contractor’s deadline, the Contractor will be given a reasonable opportunity to cure the nonconformity. If the nonconformity is discovered after the deadline for the completion of the project, CHP, in its sole discretion, may use any reasonable means to cure the nonconformity. The Contractor shall be responsible for reimbursing CHP for any additional expenses incurred to cure such defects.

Contractor shall be liable for any damages by Contractor or his employees to portions of buildings, premises, equipment, furniture, material, or other CHP property. Damage resulting from the services provided will be repaired or items will be replaced by Contractor to the satisfaction of CHP at no expense to CHP. Any items lost or stolen while in Contractor’s custody will be replaced by Contractor at no expense to CHP.

18. CONTRACT VIOLATIONS

The Contractor acknowledges that any violation of Chapter 2, or any other chaptered provision of the Public Contract Code (PCC), is subject to the remedies and penalties contained in PCC Sections 10420 through 10425.

19. CONTRACT SUSPENSION

Notwithstanding any other provisions of this Agreement, pursuant to a Governor’s Executive

Order or equivalent directive, such as a court order or an order from a Federal or State regulatory agency, mandating the suspension of State contracts, the State may issue a Suspension of Work Notice. The Notice shall identify the specific Executive Order or directive and the Agreement number(s) subject to suspension. Unless specifically stated otherwise, all performance under the Agreement(s) must stop immediately upon receipt of the Notice. During the period of contract suspension, Contractor is not entitled to any payment for the suspended work. Once the order suspending State contracts has been lifted, a formal letter from the Department will be issued to the Contractor to resume work.

20. CANCELLATION

A. CHP reserves the right to cancel this Agreement without cause, upon thirty (30) calendar days advance written notice to the Contractor.

B. CHP may, at its option, immediately cancel the Agreement if any emergency arises which causes the closure of the facility.

C. CHP reserves the right to cancel or terminate this Agreement immediately for cause.

The term "for cause" shall mean that the Contractor fails to meet the terms, conditions, and/or responsibilities of this Agreement.

D. Agreement cancellation/termination shall be effective as of the date indicated in notification from CHP to the Contractor. The notice shall stipulate any final performance, invoicing or payment requirements.

E. In the event of early cancellation/termination, Contractor shall be entitled to compensation for services performed satisfactorily under this Agreement and expenses incurred up to the date of cancellation in support of this Agreement.

21. CONFIDENTIALITY OF DATA

All financial, statistical, personal, technical and other data and information relating…