IFB #C2864AEJ. Stakebed Truck Leasing. California Conservation Corps

Transcription

1 IFB #C2864AEJ for 1824 Commercenter Circle San Bernardino, CA Attn: Nicole Whitten, Business Services Officer Bid Submittal Deadline: November 29, 2:00 p.m. BIDS NOT RECEIVED BY THE DATE, TIME AND PLACE SPECIFIED WILL NOT BE ACCEPTED AND WILL BE RETURNED TO THE BIDDER MARKED LATE RESPONSE. You are invited to review and respond to this Invitation for Bid (IFB), entitled IFB #C2864 AEJ for. In submitting your bid, you must comply with these instructions. All potential bidders must be registered on Department of General Services BidSync Program at Note that all agreements entered into with the State of California will include by reference General Terms and Conditions and contractor Certification clauses that may be view and downloaded at Internet site Standard + Language. If you do not have internet access, a hard copy can be provided by contacting the person listed below. In the opinion of the (CCC), this Invitation for Bid is complete and without need of explanation. All questions MUST be submitted via Question and Answer option on BidSync, within the time limits listed on Key Action Dates (page 4) of this IFB. Jennifer Reed Payable Contracts Officer 1

2 TABLE OF CONTENTS Pages NOTICE TO CONTRACTORS..3-4 Bid Opening Date Description and Location of Work Where to Obtain Bid Packages Estimated Cost Terms of the Agreement Licensing Requirements Key Action Dates SCOPE OF WORK Scope Payment Provisions Standard Agreement, Std. 213 and Standard Provisions BIDDER S INSTRUCTIONS REQUIRED ATTACHMENTS SAMPLE STANDARD AGREEMENT

3 NOTICE TO CONTRACTORS 1. Bid Submission Sealed bids will be received BY MAIL or overnight EXPRESSED to: 1824 Commercenter Circle San Bernardino, CA Attn: Nicole Whitten, Business Services Officer Or Hand Delivered to: 1824 Commercenter Circle San Bernardino, CA Attn: Nicole Whitten, Business Services Officer Bid package must read: DO NOT OPEN ANY BID PACKAGES Until 2 P.M. on November 29, 2012 at which time and place they will be publicly opened and read for the work described below: Any bids received after the date and time shown above will be returned to the sender unopened. Description and Location of the work: Provide all labor, tools, equipment, materials, licensing, permits and taxes necessary to for the leasing of one stakebed truck to be used on the Cal Trans Transportation Enhancement Project. It is anticipated the contract will be for four (4) years with an expiration date of 12/01/2016. The truck will be utilized to transport water to various locations. 2. Where to Obtain Bid Packages: Bid packages may be obtained without charge: on line at by request in writing to California Conservation Corps (CCC), th Street, Sacramento, Attn: Business Services and Contracts Branch. The CCC will mail entire bid package via U.S. Postal Service, first class mail. The CCC will not pay additional charge for mailing, such as express mail, overnight delivery, etc. 3. Estimated Cost: An estimated amount of $60, has been budgeted by the California Conservation 3

4 Corps for this contract. 4. Term of Agreement: It is anticipated that the contract term for this agreement will be Upon Approval through December 01, The actual starting date of the contract is contingent upon approval of the agreement by the CCC and any other control agencies as necessary. 5. Bidder Minimum Qualifications A. Contractor must submit a copy of their license to do Business in the State of California. Contractor, at Contractor s own expense, shall maintain and possess such license, and any and all necessary license(s), permit(s), and certificate(s) required by law throughout the entire term of the contract. Such license(s) permits(s), and certificate(s) shall be in full force and effect prior to conducting any work required in connection with this contract. B. Contractors located within the State of California shall meet all terms and conditions for operating a business in the city/county in which the business is headquartered. Contractors which are corporations located within the State of California, shall submit a copy of the incorporation document/letter from the Secretary of State of California. Contractors located outside the State of California shall meet all terms and conditions for operating a business in the state, province, or country in which the contractor is headquartered, and shall submit an affidavit to show that the business is in good standing in that state, province, or country. 6. Key Action Dates: November 14, 2012 Advertisement appears in BidSync November 26, :30pm Final Date and Time for Questions & Answers November 29, :00pm Final Date and time to receive Bids November 29, :00pm Open sealed bids January 1, 2013 Date anticipated for Contract to begin Contacts: Questions regarding the processing of these documents should be directed to Jennifer Reed, Payable Contracts Officer, at (916) or via at jennifer.reed@ccc.ca.gov 4

5 I. DESCRIPTION SCOPE OF WORK The Inland Empire Center will be leasing one stakebed truck for the California Dept. of Transportation Enhancement Project. The Contract will be for approximately 4 years with an expiration date of 12/01/2016. The Trucks will be utilized to transport water to multiple locations. II. Deliverables: a. truck shall include 24ft bed b. truck shall include removable stakes with hydraulic lift gate c. truck shall be automatic transmission with power steering d. truck shall include air conditioning e. truck shall take regular fuel-non-diesel f. Lessor shall cover all maintenance costs g. Lessor shall cover all preventative maintenance costs h. Lessor shall include all tire expenses i. Lessor shall cover over-the-road-services j. Lessor will include all license services k. Lessor will cover all administrative costs l. Lessor will cover all acquisition cost m. Lessor will cover all financing cost III. RESPONSIBLES AND TASKS: responsibilities: a. The CCC shall have an available contact during business hours Monday- Thursday 8:00am 5:00pm b. The CCC will be responsible for repair costs incurred due to neglect. Lessor responsibilities: a. Lessor shall include all maintenance, preventative maintenance costs and all tire expenses. b. Lessor shall include over-the-road services c. Lessor shall provide a replacement vehicle equivalent to leased truck in the event a truck will be down longer than 24 hours d. Lessor shall be responsible for all licensing costs, administrative costs, 5

6 acquisition cost and financing cost e. lessor will work with CCC contacts during the business hours of 8:00 am 5:00pmMonday thru Thursday with the exception of State approved Holidays. f. Lessor will work with the CCC secondary contact if the primary contact is unavailable. PAYMENT PROVISIONS The contractor may invoice the center NO MORE OR LESS THAN monthly in arrears for services performed. Payments will be made in arrears on a monthly basis upon receipt of an itemized invoice. The contractor shall maintain accounting records and other evidence pertaining to costs incurred, with the provision that they shall be kept available by the contractor during the contract period and thereafter for three full years from the date of the final payment. The CCC or its designee must be permitted to audit, review, and inspect the contractor's activities, books, documents, papers and records during progress of the work and for three years following final payment. SAMPLE STANDARD AGREEMENT, STD. 213, AND STANDARD PROVISIONS See attached Sample Standard Agreement, STD. 213 See attached Special Provision 1, For Agreements Written prior to the Approval of the Budget 6

7 INSTRUCTIONS TO BIDDERS SUBMISSION OF BID A. All bids must be submitted under sealed cover and sent to by the dates and time shown in Section 1, Key Action Dates. The sealed cover must be plainly marked with the IFB number and title, must show your firm name and address, and must be marked with Do not Open, as shown in the following example: 1824 Commercenter Circle San Bernardino, CA Attn: Nicole Whitten, Business Services Officer DO NOT OPEN ANY BID PACKAGES Until 2 P.M. on November 29, 2012 Bids not submitted under sealed cover may be rejected. A minimum of two (2) copies of the bid must be submitted. B. All bids shall include the documents identified in Section 2, Required Attachment Checklist. Bids not including the proper required attachments shall be deemed nonresponsive. A non-responsive bid is one that does not meet the basic bid requirements C. All documents requiring a signature must bear an original signature of a person authorized to bind the bidding firm. D. Bids must be submitted for the performance of all the services described herein. Any deviation from the work specifications will not be considered and will cause a bid to be rejected. E. A bid may be rejected of it is conditional, 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 IFB document or excuse the bidder for full compliance with all requirements if awarded the agreement. F. 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. G. A bidder may modify the IFB prior to the date fixed for submission of bids by the 7

8 issuance of an addendum to all parties who received a bid package. H. 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. I. The awarding agency may modify the IFB prior to the date fixed for submission of bids by the issuance of an addendum to all parties who received a bid package. J. The awarding agency reserves the right to reject all bids. The agency is not required to award an agreement. K. Before submitting a response to this solicitation, bidders should review, correct all errors and confirm compliance with the IFB requirements. L. Where applicable, bidder should carefully examine work sites and specifications. Bidder shall investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered. No additions or increases to the agreement amount will be made due to a lack of careful examination of work sites and specifications. M. 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. N. No oral understanding or agreement shall be binding on either party. Evaluation and Selection A. At the time of bid opening, each bid will be checked for the presence or absence of required information in conformance with the submission requirements of this IFB. B. The State will evaluate each bid to determine its responsiveness to the published requirements. C. Bids that contain false or misleading statements, or which provide references, which do not support an attribute or condition claimed by the bidder, may be rejected. D. Award of made, will be the lowest responsive responsible bidders. 8

9 Award and Protest A. Whenever an agreement is awarded under a procedure, which provides for competitive bidding, but the agreement is not to be awarded to the low bidder, the low bidder shall be notified by telegram, electronic facsimile transmission, overnight courier or personal delivery five (5) working days prior to the award of the agreement. B. Upon written request by any bidder, notice of the proposed award shall be posted in a public place in the office of the awarding agency at least five (5) working days prior to awarding the agreement. C. If the bidder, prior to the award of agreement files a written protest with the Department of General Services, Office of Legal Services, 707 Third Street, 7 th Floor, suite 7-330, West Sacramento, CA and the on the grounds that the (protesting) bidder is the lowest responsive responsible bidder, the agreement shall not be awarded until either the protest has been withdrawn or the Department of General Services has decided the matter. D. Within five (5) days after filing the initial protest, the protesting bidder shall file with the Department of General Services and the awarding agency a detailed written statement specifying the grounds for the protest. The written protest must be sent to the Department of General Services, Office of Legal Services, 707 Third Street, 7 th Floor, Suite 7-330, West Sacramento, CA A copy of the detailed written statement should be mailed to the awarding agency. It is suggested that you submit any protest by certified or registered mail. E. Upon resolution of the protest and award of the agreement, contractor must complete and submit to the awarding agency the Payee Data Record (STD 204), to determine of the Contractor is subject to state income tax withholding pursuant to California Revenue and Taxation Code Sections and This form can be found on the Internet at under the heading FORMS MANAGEMENT CENTER. No payment shall be made unless a completed STD 204 has been returned to the awarding agency. Disposition of Bids A. Upon bid opening all documents submitted in response to this IFB will become the property of the State of California, and will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and subject to review by the public. B. Bid packages may be returned only at the bidder s expense, unless such expense is waived by the awarding agency. 9

10 LOSS LEADER It is unlawful for any person engaged in business within this state to sell or use any article or product as a loss leader as defined in Section of the Business and Professions Code. PREFERENCE PROGRAMS SMALL BUSINESS PREFERENCE A Small Business Preference of five percent (5%) will be granted in accordance 1896 et seq., Title 2, California Code of Regulations (CCR). To claim the Small Business Preference, which may not exceed $50,000 for any bid, your firm must have its principal place of business located in California and you must have an approved small business certification form and proof of annual receipts on file with the Department of General Services, Office of Small Business and Disabled Veteran Business Services (OSDS). If your firm is a non-small business: The application of the five percent (5%) Small Business bidding preference is now extended to non-small businesses that commit to subcontracting at least twenty-five percent (25%) of its net bid price to California Certified Small Businesses and/or Micro-businesses when the nonsmall business: Has included in its bid, a notification to the CCC that it commits to subcontract at least twenty-five percent (25%) of its net bid price with one (1) or more small businesses; and Has submitted timely responsive bid; and Is determined to be a responsible bidder; and Submits a Bidder Declaration GSPD listing the small businesses it commits to subcontract with for a commercially useful function in the performance of this Agreement. The GPSD can be accessed at: After award of contract based in part on the application of the Non-Small Business Subcontractor Preference, the contractor must use the small business subcontractor(s) and /or suppliers(s) proposed in the bid to the State unless there is a substitution approved in writing prior to commencement of any work. Bidders requesting the Small Business Preference must complete the certification on the attached Proposal/Proposer Certification Sheet (Attachment 2, item 14 of this bid) and include a copy of your certification in this bid. The five percent (5%) will be calculated as follows: 10

11 EXAMPLE 1 Bidder Amount bid SB status Bidder A $50,000 No Bidder B $51,000 Yes COMPUTATION Preference Formula: low bid x 5% = equals the amount of the preference $50,000 x.05 = $2,500 Bidder B bid: $ 51,000 Minus preference $ 2,500 Adjusted amount (for evaluation only) $ 48,500 After the application of the Small Business Preference the Bidder B is the apparent low bidder. If the Bidder is not already certified as a Small Business, applications and information regarding getting certified can be found at the OSDS website or by writing : Office of Small Business and DVBE Certification (OSDC) 707 3rd Street, First Floor, Suite West Sacramento, CA or by calling (916) Bidders having pending Small Business or DVBE Certification applications under review by the Department of General Services OSDS concurrent with the bid timeframe should contact OSDS to request an expedite review/approval of their application in order to be considered for the Small Business Preference during evaluation of this bid. Contact OSDS at (916) to obtain information regarding the expedite process. 11

12 CALIFORNIA DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PROGRAM REQUIREMENTS (MANDATORY) Please read instructions carefully before you begin. AUTHORITY. The Disabled Veteran Business Enterprise (DVBE) Participation Goal Program for State contracts is established in Public Contract Code (PCC), 10115et seq. Military and Veterans Code (MVC), 999 et seq., and California Code of Regulations (CCR), Title 2, et seq. The minimum DVBE participation percentage (goal) is three percent (3%) for this solicitation. INTRODUCTION. Bidders must complete Bidder Declaration (GPSD ) to comply with this solicitation s DVBE requirements. COMMITMENT. Commit to meet or exceed the DVBE participation requirement in this solicitation by either Method A1 (bidder is a California certified DVBE) or A2 (bidder is not a California certified DVBE). Bidders must document DVBE participation commitment by completing and submitting the Bidder Declaration (GPSD ) which can be accessed by the link above. Failure to complete and submit the required forms as instructed shall render the bid non-responsive. Methods: A1. Certified DVBE bidder: a. Commit to performing at least 3% of the contract bid amount with the prime bidder s firm or in combination with another DVBE(s.) b. Document DVBE participation on the Bidder Declaration GSPD which can be accessed by the link above. c. A DVBE bidder working in combination with other DVBE s shall submit proof of its commitment by submitting a written confirmation from the DVBE(s) identified as a subcontractor on the Bidder Declaration as well as copy of the DVBE certificate with this bid. A2. Non-DVBE Bidder: a. Commit to using certified DVBE(s) for at least three percent (3%) of the bid amount. b. Document DVBE participation on the Bidder Declaration GSPD

13 c. The bidder shall submit proof of its commitment by submitting a written confirmation from each DVBE identified as a subcontractor on the above Bidder Declaration GSPD Failure to submit the written confirmation as specified may be grounds for bid rejection. Information submitted by the intended awardee to comply with this solicitation s DVBE requirements will be verified by the State. If evidence of an alleged violation is found during the verification process, the State shall initiate an investigation, in accordance with the requirements of the PCC 10115, et seq., and MVC 999 et seq., and follow the investigatory procedure required by the 2 CCR Contractors found to be in violation of certain provisions may subject to loss of certification, penalties and/or contract termination. Only State of California, Office of Small Business and DVBE Services (OSDS) certified DVBE s who perform a commercially useful function relevant to this solicitation, may be used to qualify for a DVBE incentive(s). The criteria and definition for performing a commercially useful function: California Code of Regulations, Title (1): The term DVBE contractor, subcontractor or supplier means any person or entity that satisfies the ownership (or management) and control requirements of (f); is certified in accordance with ; and provides services or goods that contribute to the fulfillment of the contract requirements by performing a commercially useful function. As defined in MVC 999, a person or an entity is deemed to perform a commercially useful function if a person and entity does all of the following: Is responsible for the execution of a distinct element of the work of the contract. Carries out the obligation by actually performing, managing, or supervising the work involved. Performs work that is normal for its business services and functions. Is not further subcontracting a portion of the work that is greater than expected to be subcontracted by normal industry practices. A contractor, subcontractor, or supplier will not be considered to perform a commercially useful function if the contractor s, subcontractor s, or supplier s role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed on order to obtain the appearance of Disabled Veteran Business Enterprise participation. THE FOLLOWING MAY BE USED TO LOCATE DVBE SUPPLIERS: Awarding Department: Contact the CCC s Small Business and DVBE Advocate: Jennifer Reed th Street 13

14 Sacramento, CA (916) State: Access the list of certified DVBE s by using the Department of General Services, Procurement Division (DGS-PD) certified firm database at To begin your search, click on SD/DVBE search. Search by Keywords or United Nations Standards Products and Services Codes (UNSPSC) that apply to the elements of work you want to subcontract to a DVBE. Check for subcontractors ads that may be placed on the California States Contracting Register (CSCR) for this solicitation prior to the closing date. You may access the CSCR at: For questions regarding the online certified firm database and CSCR, please call the OSDS at (916)

15 ATTACHMENT 1 Bidder s Required Check List A complete bid or bid package will consist of the items identified below. Complete this checklist to confirm the items in your bid. Place a check mark or X next to each item that you are submitting to the State. For your bid to be responsive, all required attachments must be returned. This checklist must be returned with your bid package. Attachment Attached Name/Description Attachment 1 Bidder s Required Check List (RETURNED COMPLETED WITH BID) Attachment 2 Proposer Certification Sheet (MANDATORY) Attachment 3 Bidder References (MANDATORY) Attachment 4 Cost Sheet (MANDATORY) Attachment 5 DARFUR Contracting Act (MANDATORY) Attachment 6 Payee Date Record (STD 204) (if currently not on file) (MANDATORY) Attachment 7 CCC-307 Contractor Certification Clause (MANDATORY) as Attachment 8 Small Business Certification (MANDATORY) as Attachment 9 DVBE Bidder Declaration GSPD (MANDATORY) as Attachment 10 Proof of Insurance (MANDATORY) 15

16 ATTACHMENT 2 PROPOSAL/PROPOSER CERTIFICATION SHEET This Proposal/Proposer Certification Sheet must be signed and returned along with all the "required attachments" as an entire package in duplicate with original signatures. An Unsigned Proposal/Proposer Certification Sheet May Be Cause for Rejection 1. Company Name 2. Telephone Number 2a. Fax Number ( ) ( ) 3. Address Indicate your organization type: 4. Sole Proprietorship 5. Partnership 6. Corporation Indicate the applicable employee and/or corporation number: 7. Federal Employee ID No. (FEIN) 8. California Corporation No. 9. Indicate applicable license and/or certification information: 10. Bidder s Name (Print) 11. Title 12. Signature 13. Date 14. Are you certified with the Department of General Services, Office of Small Business Certification and Resources (OSBCR) as: a. California Small Business Yes No b. Disabled Veteran Business Enterprise Yes No If yes, enter your service code: If yes, enter certification number: c. Non-Small Business Subcontractor Preference Yes No NOTE: A copy of your Certification is required to be included if either of the above items is checked Yes. Date application was submitted to OSDS, if an application is pending: 16

17 Completion Instructions for Proposal/Proposer Certification Sheet Complete the numbered items on the Proposal/Proposer Certification Sheet by following the instructions below. Item Numbers Instructions 1, 2, 2a, 3 Must be completed. These items are self-explanatory. 4 Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one person owns all the assets of the business in contrast to a partnership and corporation. The sole proprietor is solely liable for all the debts of the business. 5 Check if your firm is a partnership. A partnership is a voluntary agreement between two or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them. An association of two or more persons to carry on, as co-owners, a business for profit. 6 Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals. 7 Enter your federal employee tax identification number. 8 Enter your corporation number assigned by the California Secretary of State s Office. This information is used for checking if a corporation is in good standing and qualified to conduct business in California. 9 Complete, if applicable, by indicating the type of license and/or certification that your firm possesses and that is required for the type of services being procured. 10,11 12, 13, Must be completed. These items are self-explanatory. 14 If certified as a California Small Business, place a check in the "yes" box, and enter your certification number on the line. If certified as a Disabled Veterans Business Enterprise, place a check in the "Yes" box and enter your service code on the line. If you are not certified to one or both, place a check in the "No" box. If your certification is pending, enter the date your application was submitted to OSBCR. 17

18 Bidder References ATTACHMENT 3 Submission of this attachment is optional. Failure to complete and return this attachment with your bid will not cause your bid to be rejected and deemed nonresponsive. List below three (3) references for services performed within the last five years, which are similar to the scope of work to be performed in this contract. REFERENCE 1 Name of Firm: Street Address: Contact Person: Telephone Number: Dates of Service: Brief Description of Service Provided: REFERENCE 2 Name of Firm: Street Address: Contact Person: Telephone Number: Dates of Service: Brief Description of Service Provided: REFERENCE 3 Name of Firm: Street Address: Contact Person: Telephone Number: Dates of Service: Brief Description of Service Provided: 18

19 Truck Leasing ATTACHMENT 4 Cost Sheet Contractors bidding this project shall be properly licensed in the State of California in the classification as designed in the Notice to Contractors and shall satisfy the State as to their license qualifications. The undersigned has carefully checked all figures and understands that the State will not be responsible for any errors or omission on the part of the undersigned in making up this bid. Having been completely familiar with all conditions affecting the cost of work at the place where the work is to be done, these specifications and other contract documents prepared and issued therefore, the Contractor hereby proposes and agrees to provide all services as outlined in the Invitation for Bid as follows: Contractor Name: Address: Telephone: License No.: City/State/Zip: Fax Number: License Expiration Date: Federal I.D. # or SSN: Address: Total Amount Per Month $ STATEMENT OF COMPLIANCE The prospective Contractor s signature and date hereon shall constitute a certification under the penalty of perjury under the laws of the State of California that the bidder has, unless exempt, complied with the nondiscrimination program requirements of Government Code Section and Title 2, California Administrative Code, Section By his/her signature hereof, the bidder certifies under penalty of perjury the accuracy of the representation made on the bid form with regard to the Contractor s license number, class and expiration date. A bid which does not contain the above information, or if the information is later proven false, shall be considered non-responsive and will be rejected. Authorized Signature: Title: Date: ARE YOU CLAIMING PREFERENCE AS A SMALL BUSINESS? YES NO If YES, please attach a copy of your certification letter from the Office of Small Business Certification and Resources THE OUTSIDE OF THE SEALED ENVELOPE CONTAINING THIS BID FORM MUST READ : IFB NO. C2864AEJ DO NOT OPEN Until 2:00 p.m. on November 29, 2012 All Bids are to be submitted to: 1824 Commercenter Circle San Bernardino, CA Attn: Nicole Whitten, Business Services Officer

20 ATTACHMENT 5 DARFUR CONTRACTING ACT Pursuant to Public Contract Code section 10478, if a bidder or proposer currently or within the previous three years has had business activities or other operations outside of the United States, it must certify that it is not a scrutinized company as defined in Public Contract Code section Therefore, to be eligible to submit a bid or proposal, please insert your company name and Federal ID Number and complete only one of the following three paragraphs (via initials for Paragraph # 1 or Paragraph # 2, or via initials and certification for Paragraph # 3): Company/Vendor Name (Printed) Federal ID Number Printed Name and Title of Person Initialing (for Options 1 or 2) 1. We do not currently have, and have not had within the previous Initials three years, business activities or other operations outside of the United States. OR 2. We are a scrutinized company as defined in Public Contract Code Initials section 10476, but we have received written permission from the Department of General Services (DGS) to submit a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of the written permission from DGS is included with our bid or proposal. OR 3. We currently have, or we have had within the previous three years, Initials business activities or other operations outside of the United States, + certification but we certify below that we are not a scrutinized company below as defined in Public Contract Code section CERTIFICATION For # 3. I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective proposer/bidder to the clause listed above in # 3. This certification is made under the laws of the State of California. By (Authorized Signature) Printed Name and Title of Person Signing Date Executed Executed in the County and State of 20

21 PAYEE DATA RECORD (STD 204) ATTACHMENT 6 This form must be obtained from the Office of State Publishing website stated below. The form should be downloaded and completed, signed and returned with your bid package. Enter 204 in the box Enter a Form No.: If you do not have Internet capabilities, please contact the following person to obtain a form: Jennifer Reed Contract Management Section (916)

22 ATTACHMENT 7 CONTRACTOR CERTIFICATION CLAUSES CCC-307 I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California. Contractor/Bidder Firm Name (Printed) Federal ID Number By (Authorized Signature) Printed Name and Title of Person Signing Date Executed Executed in the County of CONTRACTOR CERTIFICATION CLAUSES 1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code (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; 4) penalties that may be imposed upon employees for drug abuse violations. 22

23 c. Every employee who works on the proposed Agreement will: 1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code 8350 et seq.) 3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final 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. (Pub. Contract Code 10296) (Not applicable to public entities.) 4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State. Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services. 5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section and , and is eligible to contract with the State of California. 6. SWEATFREE CODE OF CONDUCT: 23

24 a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at and Public Contract Code Section b. The contractor agrees to cooperate fully in providing reasonable access to the contractor s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor s compliance with the requirements under paragraph (a). 7. DOMESTIC PARTNERS: For contracts over $100,000 executed or amended after January 1, 2007, the contractor certifies that contractor is in compliance with Public Contract Code section DOING BUSINESS WITH THE STATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of California. 1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification. Current State Employees (Pub. Contract Code 10410): 1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. 24

25 Former State Employees (Pub. Contract Code 10411): 1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service. If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code 10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code (e)) 2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) 3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C et seq.) 4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. 5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. 25

26 b. "Doing business" is defined in R&TC Section as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax. c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State. 6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. 26

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28 STANDARD State AGREEMENT of California STD 213 (Rev The 09/01) Resources Agency AGREEMENT NUMBER 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME CONTRACTOR'S NAME 2. The term of this through Agreement is: 3. The maximum amount $ of this Agreement is: 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. Exhibit A Scope of Work XX pages Exhibit B Budget Detail and Payment Provisions Exhibit C* General Terms and Conditions Check mark one item below as Exhibit D: Exhibit - D Special Terms and Conditions (Attached hereto as part of this agreement) Exhibit - D* Special Terms and Conditions Exhibit E Additional Provisions XX pages XX pages XX pages 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 IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CONTRACTOR S NAME (if other than an individual, state whether a corporation, partnership, etc.) California Department of General Services Use Only BY (Authorized Signature)? PRINTED NAME AND TITLE OF PERSON SIGNING DATE SIGNED(Do not type) ADDRESS AGENCY NAME STATE OF CALIFORNIA BY (Authorized Signature)? PRINTED NAME AND TITLE OF PERSON SIGNING DATE SIGNED(Do not type) Exempt per: ADDRESS 28

29 EXHIBIT "A" (Contractor s name here), hereinafter referred to as Contractor, agrees to provide the California Conservation Corps, hereinafter referred to as CCC, with Pre-employment Physicals. The term of this agreement is Upon Approval through xx/xx/xx The project representatives during the term of this agreement will be: State Agency: Contractor: Name: Name: Phone: Phone: Fax: Fax: Direct all inquires to: State Agency: Section/Unit: Attention: Contractor: Section/Unit: Attention: Address: Address: Phone: Phone: Fax: Fax: 29

30 1. Invoicing and Payment EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS * A. For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures, at a total amount not to exceed, $xxxxxxx incurred in accordance with the terms of this Agreement. B. Invoices shall be submitted monthly in arrears and shall be submitted in triplicate to: Xxxxxxxxxxxxxxxxxxxx Xxxxxxxxxxxxxxxxxxxxxx Xxxxxxxxxxxxxxxxxxxxxxxxxx C. Invoices MUST include Agreement Numberxxxxxxxxxxxxxxxx, the dates services were provided, and total service hours per day. 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