Bid IFB 12YS0042 - bids.centerdigitalgov.com

Solicitation IFB 12YS0042

Smoke/Fire Damper Maintenance & Inspection Services

Bid designation: Public

State of California

State of California Bid IFB 12YS0042

Jan 17, 2013 11:45:41 AM PST p. 1

Bid IFB 12YS0042Smoke/Fire Damper Maintenance & Inspection Services

Bid Number IFB 12YS0042

Bid Title Smoke/Fire Damper Maintenance & Inspection Services

Bid Start Date Jan 17, 2013 11:22:33 AM PST

Bid End Date Feb 6, 2013 2:00:00 PM PST

Question & Answer End Date

Jan 29, 2013 3:00:00 PM PST

Bid Contact Sylvia Gamboa

707-944-4929

[email protected]

Pre-Bid Conference Jan 25, 2013 10:00:00 AM PSTAttendance is mandatoryLocation: Plant Operations Building (Conference Room) located at the Veterans Home -Yountville, 100 California Dr, Yountville, CA 94599.

Standard Disclaimer The State of California advises that prospective bidders periodically check the websites, including but not limited to Bidsync, and/or other state department links for modifications to bid documents. The State of California is not responsible for a prospective bidder's misunderstanding of the bid solicitation or nonresponsive bid due to failure to check these websites for updates or amendments to bid documents, and/or other information regarding the bid solicitations. Failure to periodically check these websites will be at the bidder's sole risk. The information published and/or responded to on these websites is public information. Confidential questions/issues/concerns should be directed to the contact on the ad.

Changes made on Jan 17, 2013 11:44:15 AM PST

Pre-Bid Conference Changes Pre-Bid Conference information has changed. Please review all Pre-Bid Conferences.

DescriptionThe contractor is responsible for providing all equipment, materials, and labor to perform the requirements set forth in this Agreement necessary to provide Maintenance & Inspection Services of the Fire/Smoke Dampers which are located at the California Veterans Home in Yountville. A Mandatory pre-bid conference is scheduled to be held at 10 am on Friday, January 25, 2013, at the Plant Operations Building at the Veterans Home of California, Yountville located at 100 California Drive, Yountville, CA 94599.


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STATE OF CALIFORNIA EDMUND G. BROWN, JR., Governor

Department of Veterans AffairsVeterans Home of California - YountvilleContracts Office, Administration Building100 California Drive, Room A-39Yountville, CA 94599Phone: (707) 944-4929Fax: (707) 944-5089

INVITATION FOR BIDNotice to Prospective Bidders

January 17, 2013

You are invited to review and respond to this Invitation for Bid (IFB), entitled Smoke/Fire Damper Maintenance &Inspection Services, 12YS0042. In submitting your bid, you must comply with these instructions. Please adhere to thedates and times as indicated within this IFB, Bid Requirements and Information, Time Schedule.

Note that all agreements entered into with the State of California will include by reference General Terms and Conditionsand Contractor Certification Clauses that may be viewed and downloaded at Internet sitewww.ols.dgs.ca.gov/standard+language If you do not have Internet access, a hard copy can be provided by contactingthe person listed below.

A state agency shall require a company that submits a bid or proposal with respect to a contract for goods or servicesthat currently or within the previous three years has had business activities or other operations outside of the UnitedStates, to certify that the company is not a scrutinized company. (PCC 10478(a)).

A “scrutinized company” means a company in Sudan that is involved in power production activities, mineral extractionactivities, oil-related activities, or the production of military equipment. (PCC 10476).

A scrutinized company is ineligible to, and shall not, bid on or submit a proposal for a contract with a state agency forgoods or services. (PCC 10477(a)).

In the opinion of Department of Veterans Affairs, this Invitation for Bid is complete and without need of explanation.However, if you have questions, or should you need any clarifying information, the contact persons for this IFB are:

Sylvia GamboaDepartment of Veterans AffairsVeterans Home of California, YountvilleContracts Office, Administration Building100 California Drive, Room A-39Yountville, CA 94599(707) [email protected]

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


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www.ols.dgs.ca.gov/standard+language

mailto:[email protected]

Smoke/Fire Damper Maintenance & Inspection ServicesIFB 12YS0042Page 2 of 37

TABLE OF CONTENTS

Topic Page1. Table of Contents.......................................................................................................................................... 22. Purpose and Description of Services............................................................................................................ 33. Contract Term ............................................................................................................................................... 34. Location for Performance of Work ................................................................................................................ 35. Bidder Minimum Qualifications ..................................................................................................................... 36. References.................................................................................................................................................... 37. Additional Information .................................................................................................................................. 38. Bid Requirements and Information ............................................................................................................... 4

A. Time Schedule......................................................................................................................................... 4I. Bid Package Available to Prospective Bidders .............................................................................. 4

II. Mandatory Bidder’s Conference ..................................................................................................... 4III. Deadline for Submission of Written Question ................................................................................. 4IV. Deadline for Response to Written Question ................................................................................... 4V. Bids Due.......................................................................................................................................... 4

VI. Bid Opening .................................................................................................................................... 4VII. Notice of Intent to Award................................................................................................................. 4

VIII. Last Day to Protest Award .............................................................................................................. 4IX. Anticipated Contract Start Date ..................................................................................................... 4

B. Information on the Mandatory Bidder’s Conference. .............................................................................. 49. Submission of Bids........................................................................................................................................ 410. Evaluation and Selection............................................................................................................................... 611. Award and Protest......................................................................................................................................... 612. Disposition of Bids......................................................................................................................................... 713. Agreement Execution and Performance ....................................................................................................... 714. Preference Programs.................................................................................................................................... 715. Required Attachments................................................................................................................................... 716. Attachment 1, Required Attachments Check List ....................................................................................... 1017. Attachment 2, Bid/Cost Sheet ..................................................................................................................... 1118. Attachment 3, Bid/Bidder Certification Sheet.............................................................................................. 1319. Attachment 4, Subcontractors List ............................................................................................................ 1520. Attachment 5, Bidder References .............................................................................................................. 1621. Attachment 6, Darfur Contracting Act Certification .................................................................................... 1722. Attachment 7, DVBE Program Requirements and Forms ........................................................................ 1823. Sample Documents of Contract ................................................................................................................. 25

Standard Agreement, STD 213................................................................................................................... 26Exhibit A, Scope of Work ............................................................................................................................ 27Exhibit B, Budget Detail and Payment Provisions ...................................................................................... 30Exhibit C, General Terms and Conditions................................................................................................... 31Exhibit D, Special Terms and Conditions.................................................................................................... 34


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2. Purpose and Description of Services

The purpose of this service is to perform preventive maintenance on, and verify the operation of, all fire/smokedampers and report the results thereof in compliance with applicable codes and regulation including those ofCDPH (California Department of Public Health) and NFPA (National Fire Protection Association), for theVeterans Homes of California (hereinafter referred to as the “State”, “CDVA” or “Home”), located at 190California Drive, Yountville CA 94599. The Contractor is responsible for providing all equipment, materials, andlabor to perform the requirements set forth in this Agreement. See the Scope of Work included in this IFB fora complete description of services.

3. Contract TermThe contract term shall be February 1, 2013, or upon DGS approval, whichever is later through June 30, 2013.However, the contractor is expected to have completed the survey and submitted all required reports, datadisks, etc. as specified in the Scope of Work no later than April 30, 2013.

4. Location for Performance of Work

Work will be performed at the Veterans Home of California, 190 California Drive, Yountville CA 94599.

5. Bidder Minimum Qualifications

a. Bidder must be legally authorized to do business in the State of California, and all required permitsand licenses must be in full force at the time the submission is made and throughout the term of theagreement and in good standing.

b. Bidder must have attended the Mandatory Bidder’s Conference.

c. Bidder must have at least three (3) years of experience in providing Smoke/Fire DamperMaintenance & Inspection Services. Three (3) years of experience must have occurred within thelast five (5) years.

d. Further, the bidder and any assigned technicians must be qualified, to conduct the services hereindescribed.

e. In addition to the above, bidders must meet all other qualifications and certifications required in thisIFB.

6. ReferencesBidder must submit with the bid a list of at least three (3) references (Attachment 5) from customers forwhom bidder has provided services, similar to those services required herein, within the last five (5) years.For each reference, bidder must provide the dates of service, type of service, the name of the person mostfamiliar with the services provided, the company’s name, address, and telephone number. References willbe contacted by the State. References must provide information relating to work which the bidder hasprovided that demonstrates the bidder’s responsibility, experience, and capacity to perform the servicesrequired in this IFB.

If references cannot be reached, the bid shall be deemed not responsive and rejected. If referencesobtained by the State are not favorable, the State may reject the bid.

7. Additional InformationIn the opinion of Department of Veterans Affairs, this Invitation for Bid is complete and without need ofexplanation. Therefore, in order to keep this IFB process a fair and impartial process, we are requiring thatany specific questions by a potential vendor/bidder be put in writing and posted in Bidsync atwww.bidsync.com. In addition, we will accept written questions by mail. Please provide the followinginformation on the vendor’s/bidder’s letterhead, name, title, telephone number and signed by someone inauthority. Forward mail correspondence(s) to the address provided in the cover page of the IFB (Page 1),attention Sylvia Gamboa, Contract Analyst. We will accept all questions until 3:00 pm on January 29, 2013.We will condense all questions received into one response and provide it to all potential bidders on the


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www.bidsync.com


Bidsync website by 3:00 pm on January 31, 2013. By doing this, it will ensure that all potential bidders willknow what questions have been asked and the Department’s response.

8. Bid Requirements and Information

A. Time Schedule: Below are the key events and time schedule for this bid solicitation:

Key Event Date TimeBid Package Available to Prospective Bidders January 17, 2013MANDATORY PRE-BID CONFERENCE January 25, 2013 10:00 AMDeadline for Submission of Written Questions January 29, 2013 3:00 PMDeadline for Response to Written Questions January 31, 2013 3:00 PMBids Due February 6, 2013 2:00 PMBid Opening February 6, 2013 2:05 PM

Anticipated Contract Start Date February 1, 2013

B. Information on the Mandatory Bidder’s Conference.

Bidders must attend this mandatory pre-bid conference and walkthrough in order to submit abid. You may attend the conference in order to gauge the range and extent of the work involved,which will assist you in determining your final bid amount. The Mandatory Pre-Bid Conferenceshall be held at 10:00 A.M. on January 25, 2013, at the Plant Operations Building at the VeteransHome of California, Yountville; 100 California Drive, Yountville, CA 94599. Specific directions tothe Plant Operations Building may be received from conference coordinator, Mr. Jim Kennedy at(707)944-4800. Any other general questions regarding this solicitation may be directed to SylviaGamboa at (707) 944-4929 or at the following email address: [email protected].

Follow-up Site Inspection: If a follow-up site inspection is necessary the Contract Manager or hisdesignee will arrange it. Only Contractors who attended the Pre-Bid Meeting will be allowed toattend the follow-up site inspection.

9. Submission of Bid

a) All bids must be submitted under sealed cover and sent to California Department of Veterans Affairs(CDVA) by dates and times shown on number 8, Bid Requirements and Information, Item A) TimeSchedule, (page 4). The sealed cover must be plainly marked with the IFB number and title, mustshow your firm name and address, and must be marked with "DO NOT OPEN" as shown in thefollowing example:

12YS0042Smoke/Fire Damper Maintenance & Inspection Services

California Department of Veterans AffairsVeterans Home of California – YountvilleContracts Office, Administration Building

100 California Drive, Room A-39Yountville, CA 94599

ATTN: Sylvia Gamboa, Contract Analyst“DO NOT OPEN”

Bids not submitted under sealed cover may be rejected. A minimum of two (2) copies of the bidmust be submitted. All sets of the bid package must contain original signatures. The bid packagemust be transmitted in a sealed envelope in accordance with IFB instructions. Please do notsubmit binder-bound bids.


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b) All bids shall include the documents identified on Attachment 1, Required Attachment Checklist.Bids not including the proper “required attachments" shall be deemed non-responsive. A non-responsive bid is one that does not meet the basic bid requirements.

c) All documents requiring a signature must bear an original signature of a person authorized to bindthe bidding firm.

d) Bids submitted by U.S. Postal Service, UPS, Express Mail, Federal Express or Hand Deliveriesmust be submitted to the following address:

12YS0042Smoke/Fire Damper Maintenance & Inspection Services

California Department of Veterans AffairsVeterans Home of California – YountvilleContracts Office, Administration Building

100 California Drive, Room A-39Yountville, CA 94599

ATTN: Sylvia Gamboa, Contract Analyst“DO NOT OPEN”

e) Bids must be submitted for the performance of all the services described herein. Any deviation fromthe work specifications will not be considered and will cause a bid to be rejected.

f) A bid may be rejected if it is conditional or incomplete, or if it contains any alterations of form orother irregularities of any kind. The State may reject any or all bids and may waive any immaterialdeviation in a bid. The State's waiver of immaterial defect shall in no way modify the IFB documentor excuse the bidder from full compliance with all requirements if awarded the agreement.

g) Costs for developing bids and in anticipation of award of the agreement are entirely theresponsibility of the bidder and shall not be charged to the State of California.

h) An individual who is authorized to bind the bidding firm contractually shall sign the Bid/BidderCertification Sheet (Attachment 3). The signature must indicate the title or position that theindividual holds in the firm. An unsigned bid may be rejected.

i) A bidder may modify a bid after its submission by withdrawing its original bid and resubmitting a newbid prior to the bid submission deadline. Bidder modifications offered in any other manner, oral orwritten, will not be considered.

j) A bidder may withdraw its bid by submitting a written withdrawal request to the State, signed by thebidder or an agent authorized in accordance with i) above. A bidder may thereafter submit a newbid prior to the bid submission deadline. Bids may not be withdrawn without cause subsequent tobid submission deadline.

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

l) The awarding agency reserves the right to reject all bids. The agency is not required to award anagreement.

m) Before submitting a response to this solicitation, bidders should review, correct all errors andconfirm compliance with the IFB requirements.

n) Where applicable, bidder should carefully examine work sites and specifications. Bidder shallinvestigate conditions, character, and quality of surface or subsurface materials or obstacles thatmight be encountered. No additions or increases to the agreement amount will be made due to alack of careful examination of work sites and specifications.


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o) The State does not accept alternate contract language from a prospective contractor. A bid withsuch language will be considered a counter proposal and will be rejected. The State’s GeneralTerms and Conditions (GTC) are not negotiable.

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

10. Evaluation and Selection

a) The bid opening will be at the California Department of Veterans Affairs – California Veterans Homeof Yountville, Contracts Office, Administration Building - 100 California Drive, Room A-39,Yountville, California 94599. You will be asked to show a valid photo ID card before signing intothe building. Please contact Sylvia Gamboa if you plan on attending the Bid Opening.

b) At the time of bid opening, each bid will be checked for the presence or absence of requiredinformation 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 supportan attribute or condition claimed by the bidder, may be rejected.

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

11. Award and Protest

a) Whenever an agreement is awarded under a procedure, which provides for competitive bidding, butthe 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 priorto the award of the agreement.

b) Upon written request by any bidder, notice of the proposed award shall be posted in a public placein the office of the awarding agency at least five (5) working days prior to awarding the agreement.

c) If any bidder, prior to the award of agreement, files a written protest with the Department of GeneralServices, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA95605 and the California Department of Veterans Affairs on the grounds that the (protesting) bidderis the lowest responsive responsible bidder, the agreement shall not be awarded until either theprotest 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 Departmentof General Services and the awarding agency a detailed written statement specifying the groundsfor the protest. The written protest must be sent to the Department of General Services, Office ofLegal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, California 95605. A copyof the detailed written statement should be mailed to the awarding agency. It is suggested that yousubmit any protest by certified or registered mail.

e) Upon resolution of the protest and award of the agreement, Contractor must complete and submit tothe awarding agency the Payee Data Record (STD 204), to determine if the Contractor is subject tostate income tax withholding pursuant to California Revenue and Taxation Code Sections 18662and 26131. This form can be found on the Internet at http://www.osp.dgs.ca.gov under the headingFORMS MANAGEMENT CENTER. No payment shall be made unless a completed STD 204 hasbeen returned to the awarding agency.

f) Upon resolution of the protest and award of the agreement, Contractor must sign and submit to theawarding agency, page one (1) of the Contractor Certification Clauses, which can be found on the


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http://www.osp.dgs.ca.gov


Internet at www.dgs.ca.gov/contracts. This document is only required if the bidder has notsubmitted this form to the awarding agency within the last three (3) years.

12. Disposition of Bids

a) Upon bid opening, all documents submitted in response to this IFB will become the property of theState 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 theawarding agency.

13. Agreement Execution and Performance

a) A person who is authorized to legally bind the awarded Contractor shall sign the contract andexecute the required number of copies of the Contract documents and return them within ten (10)working days. The Contract will not be of any force or effect until fully approved.

b) Performance shall start not later than five (5) days, or on the express date set by the awardingagency and the Contractor, after all approvals have been obtained and the agreement is fullyexecuted. Should the Contractor fail to commence work at the agreed upon time, the awardingagency, upon five (5) days written notice to the Contractor, reserves the right to terminate theagreement. In addition, the Contractor shall be liable to the State for the difference betweenContractor's bid price and the actual cost of performing work by the second lowest bidder or byanother contractor.

c) All performance under the agreement shall be completed on or before the termination date of theagreement.

14. Preference Programs

The standard contract language for the preference programs can be found at the Internetweb sites listed below:

1) Small Business Preferencewww.pd.dgs.ca.gov/smbus/sbcert.htm

2) Target Area Contract Preference Act (TACPA)www.pd.dgs.ca.gov/edip/tacpa.htm

3) Local Agency Military Base Recovery Area (LAMBRA) Actwww.pd.dgs.ca.gov/edip/lambra.htm

4) Enterprise Zone Act (EZA)www.pd.dgs.ca.gov/edip/eza.htm

15. Required Attachments

Disabled Veteran Business Enterprise (DVBE) Participation Program

The Disabled Veteran Business Enterprise (DVBE) Participation Program was established toacknowledge disabled veterans for their service and to further DVBE participation in statecontracting, promote competition and encourage greater economic opportunity.


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www.dgs.ca.gov/contracts

www.pd.dgs.ca.gov/smbus/sbcert.htm

www.pd.dgs.ca.gov/edip/tacpa.htm

www.pd.dgs.ca.gov/edip/lambra.htm

www.pd.dgs.ca.gov/edip/eza.htm


When DVBE requirements are made mandatory in a solicitation, the State has established aDVBE participation goal of at least three percent (3%). If the minimum (3%) is not met, the bidpackage will be deemed non-responsive and rejected.

DVBE participation is encouraged but not mandatory for this solicitation.

An explanation of the Disabled Veteran Business Enterprise Participation Program (DVBE)requirements can be found at the Internet web site www.pd.dgs.ca.gov/dvbe/default.htm. Thissite contains information regarding program eligibility (Select “DVBE Certification Benefits andEligibility Requirements”).

The DVBE Resource Packet contains publications that may be used to find DVBE vendors. TheDVBE resource package can be found at the Internet websitehttp://www.pd.dgs.ca.gov/publications/default.htm#osdc.

Additionally, Bidders are required to complete the Bidder Declaration. It can also be found athttp://www.documents.dgs.ca.gov/pd/delegations/GSPD105.pdf.

DVBE INCENTIVE: If the solicitation does not include mandatory DVBE participation, inaccordance with Military and Veterans Code §999.5(a) an incentive will be given to bidders whomeet the DVBE requirements, either through achieving the minimum DVBE participation, orachieving less than the minimum DVBE participation.

For evaluation purposes only, the State shall apply an incentive to bids that propose Californiacertified DVBE participation as identified on the Bidder Declaration GSPD-05-105 and confirmedby the State. The following scale will apply to bids achieving DVBE participation requirements.

Confirmed DVBE Participation of: DVBE Incentive Percentage:4% and above 5%3% up to 4% 3%2% up to 3% 2%1% up to 2% 1%

Application of the DVBE incentive cannot displace a California certified Small Business.

The Department’s DVBE advocate is Gloria Anderson. She can be reached at (916) 651-3045,or via email at: [email protected].

Contractor understands and agrees that should award of this contract be based in part on theircommitment to use the Disabled Veteran Business Enterprise (DVBE) subcontractor(s) identifiedin their bid or offer, per Military and Veterans Code 999.5 (e), a DVBE subcontractor may only bereplaced by another DVBE subcontractor and must be approved by the Department of GeneralServices (DGS). Changes to the scope of work that impact the DVBE subcontractor(s) identifiedin the bid or offer and approved DVBE substitutions will be documented by contract amendment.

Failure of Contractor to seek substitution and adhere to the DVBE participation level identified inthe bid or offer may be cause for contract termination, recovery of damages under rights andremedies due to the State, and penalties as outlined in M&VC § 999.9; Public Contract Code(PCC) § 10115.10, or PCC § 4110 (applies to public works only).


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www.pd.dgs.ca.gov/dvbe/default.htm

http://www.pd.dgs.ca.gov/publications/default.htm#osdc

http://www.documents.dgs.ca.gov/pd/delegations/GSPD105.pdf



Pursuant to Government Code 14841, upon completion of the contract for which a commitmentto achieve small business (SB) or DVBE participation goals was made, the contractor shallreport to the awarding department the actual percentage of SB/DVBE participation that wasachieved.

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


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ATTACHMENT 1REQUIRED ATTACHMENTS CHECK LIST

Bidder’s Company Name

__________________________________

REQUIRED ATTACHMENT CHECKLIST

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 youare submitting to the State. For your bid to be responsive, all required attachments must be returned. Thischecklist should be retuned with your bid package also.

Attachment Attachment Name/Description

Attachment 1 Required Attachment Checklist

Attachment 2 Cost Sheet (pages 11 and 12)

Attachment 3 Bid/Bidders Certification Sheet

Attachment 4 Subcontractor List

Attachment 5 Bidder References

Attachment 6 Darfur Contracting Act Certification

Attachment 7Disabled Veterans Business Enterprise ParticipationForms & Instructions

CDVA 840 DVBE Program Requirements

GSPD-05-105 Bidder Declaration


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ATTACHMENT 2COST SHEET

Submission of this attachment is MANDATORY.

(NOTE: Cost sheet will become part of actual contract in Exhibit B, Budget Details).

The undersigned Contractor hereby proposes to furnish all labor, parts, equipment and materials to perform Smoke/FireDamper Maintenance & Inspection Services from February 1, 2013, or upon approval, whichever is later, through andincluding June 30, 2013 at the Veterans Home of California located at 100 California Drive, Yountville, CA 94599 inaccordance with the specifications and provisions received with this Service Contract.

Bid prices will be valid for 90 days.

COST BREAKDOWN

Labor:

_________ hours at $_________ per hour

_________ workers requiredTOTAL FOR LABOR………………………… $______________

Supplies:

Type of supplies needed______________________________ ______________________________

Associated costs (Describe)____________________________

TOTAL FOR SUPPLIES …………………… $______________

Licenses, Permits, Other Fees:Type of fee _________________________________________

Associated costs (Describe) ____________________________

TOTAL FOR FEES ………………………….. $______________Optional items:

Scanning of existing plans $ _____________

Joint Commission Statement of Condition sheets completed $ _____________

Cost estimate spread sheet for any repairs required $ _____________

Cost estimate per individual damper inspected. $ _____________

Other (Describe) ________________________________ $ _____________

TOTAL FOR OPTIONAL FEES……………. $______________

GRAND TOTAL $____________


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ATTACHMENT 2COST SHEET

The estimate indicated above will be used solely for computing the cost as a fair and equitable formula todetermine the low bidder and is not binding on the contracting agency. However, the actual costs quoted aboveby the bidder shall be binding for the term of the Agreement.

By virtue of submitting a bid, the undersigned is accepting the terms and conditions expressed in this IFB.

Are you claiming Small Business Preference? (Attach OSDC Certification Letter)

___Yes ___ No

I hereby certify that this bid is true and accurate for the services to be provided:

Company name: _____________________________________

Company’s telephone number: ____________________________________

Company representative’s name (printed): _______________________________________

Company representative’s email address: ____________________________________

Company representative’s signature: _________________________________________

Date: ______________________


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ATTACHMENT 3BID/BIDDER CERTIFICATION SHEET

This Bid/Bidder Certification Sheet must be signed and returned along with all the "Required Attachments" as anentire package with original signatures. The bid must be delivered in accordance with IFB instructions.

A. Our all-inclusive bid is submitted as detailed in Attachment 2, Cost Sheet.

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

C. The signature affixed hereon and dated certifies compliance with all the requirements of this biddocument. The signature below authorizes the verification of this certification.

An Unsigned Bid/Bidder Certification Sheet May Be Cause For Rejection1. Company Name 2. Telephone Number 2a. Fax Number

( ) ( )

3. Address

E-mail Address:5. PartnershipIndicate your organization type: 4. Sole Proprietorship6. Corporation 6a. L.L.C. Limited Liability Corporation

Indicate the applicable employee and/or corporation number:7. Federal Employee ID No. (FEIN) 8. California Corporation No.9. Indicate applicable license and/or certification information:

10. Bidder’s Name (Print) 11. Title

12. Signature 13. Date

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

a. California Small Business EnterpriseYes No

If yes, enter certification number:

Disabled Veteran Business EnterpriseYes No

If yes, enter certification number

NOTE: A copy of your Certification is required to be included if either of the above items is checked “Yes”.Date application was submitted to OSBCR, if an application is pending:


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Completion Instructions for Bid/Bidder Certification Sheet

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

ItemNumbers

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 whichone 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 ormore competent persons to place their money, effects, labor, and skill, or some or all of themin lawful commerce or business, with the understanding that there shall be a proportionalsharing of the profits and losses between them. An association of two or more persons tocarry on, as co-owners, a business for profit.

6, 6aCheck if your firm is a corporation. A corporation is an artificial person or legal entity createdby or under the authority of the laws of a state or nation, composed, in some rare instances, ofa single person and his successors, being the incumbents of a particular office, but ordinarilyconsisting of an association of numerous individuals. Or a Limited Liability Corporation

7 Enter your federal employee tax identification number.

8Enter your corporation number assigned by the California Secretary of State’s Office. Thisinformation is used for checking if a corporation is in good standing and qualified to conductbusiness in California.

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

10, 11,12, 13

Must be completed. These items are self-explanatory.

14If certified as a California Small Business, place a check in the "Yes" box, and enter yourcertification number on the line. If certified as a Disabled Veterans Business Enterprise, placea check in the "Yes" box and enter your service code on the line. If you are not certified toone or both, place a check in the "No" box. If your certification is pending, enter the date yourapplication was submitted to OSBCR.


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ATTACHMENT 4SUBCONTRACTOR LIST

The Prime Contractor shall not substitute a subcontractor listed below unless the provisions of Public ContractCode Section 4107 or 4107.5 apply and a hearing is held, if required. All DVBE subcontractors/vendorsmust be listed or Bid will be deemed non-responsive.

NAME OF SUBCONTRACTOR LICENSETYPE

LICENSENUMBER

WORKDESCRIPTION

CONTRACT% / COST

1 %

$

2 %

$

3 %

$

4 %

$

5 %

$

6 %

$

SUBCONTRACTOR TOTAL: %

$


Jan 17, 2013 11:45:41 AM PST p. 17


ATTACHMENT 5Bidder’s Company Name:

_______________________________________

BIDDER REFERENCES

Submission of this attachment is mandatory. Failure to complete and return this attachment with your bid willcause your bid to be rejected and deemed nonresponsive.

List below three (3) references for services performed within the last five (5) years, which are similar to thescope of work to be performed in this contract.

Note: Bidder must have at least three (3) years of experience in providing Smoke/Fire Damper Maintenance &Inspection Services. Three (3) years of experience must have occurred within the last five (5) years.

REFERENCE 1Name of Firm

Street Address City State Zip CodeContact Person Telephone NumberEmail Address Cell NumberDates of Service Value or Cost of ServiceBrief Description of Service Provided






Jan 17, 2013 11:45:41 AM PST p. 18


ATTACHMENT 6DARFUR CONTRACTING ACT

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

A “scrutinized company” means a company in Sudan that is involved in power production activities, mineralextraction activities, oil-related activities, or the production of military equipment. (PCC 10476)

A scrutinized company is ineligible to, and shall not, bid on or submit a proposal for a contract with a stateagency for goods or services. (PCC 10477(a))

Therefore, to be eligible to submit a bid or proposal, please complete only one of the following threeparagraphs (via initials for Paragraph # 1 or Paragraph # 2, or via initials and certification for Paragraph # 3).

1. _____ We do not currently have, or we have not had within the Initials previous three years, business activities or other operations

outside of the United States.

OR

2. _____ We are a scrutinized company as defined in Public Contract Initials Code section 10476, but we have received written permission

from the Department of General Services (DGS) to submit abid or proposal pursuant to Public Contract Code section10477(b). A copy of the written permission from DGS isincluded with our bid or proposal.

OR

3. _____ We currently have, or we have had within the previous three Initials years, business activities or other operations outside of he + certification United States, but we certify below that we are not a scrutinized

company below as defined in Public Contract Code section 10476

CERTIFICATION For # 3.

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

Proposer/Bidder Firm Name (Printed) Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

Date Executed Executed in the County and State of


Jan 17, 2013 11:45:41 AM PST p. 19


ATTACHMENT 7CALIFORNIA DISABLED VETERAN BUSINESS ENTERPRISE (DVBE)

PROGRAM REQUIREMENTS(Revision Date 7/1/2009)

Please read the requirements and instructions carefully before you begin.

AUTHORITY: The Disabled Veteran Business Enterprise (DVBE) Participation Goal Programfor State contracts is established in Public Contract Code (PCC), §10115 et seq., Military andVeterans Code (MVC), §999 et seq., and California Code of Regulations (CCR), Title 2,§1896.60 et seq.

The minimum DVBE participation goal is 3% when DVBE goals are deemed mandatory.

INTRODUCTION: The bidder must complete the identified forms and fully document optionsA, in this document to comply with this solicitation’s DVBE program requirements. Bids orproposals (hereafter called “bids”) that fail to submit all required forms and fully documentand meet the DVBE program requirement shall be considered non-responsive, ifrequirements are deemed mandatory.

Information submitted by the intended awardee to comply with this solicitation’s DVBErequirements will be verified by the State. If evidence of an alleged violation is found duringthe verification process, the State shall initiate an investigation, in accordance with therequirements of the PCC §10115, et seq., and MVC §999 et seq., and follow the investigatoryprocedures required by the CCR §1896.80. Contractors found to be in violation of certainprovisions may be subject to loss of certification, penalties and/or contract termination.

Only State of California, Office of Small Business and DVBE Services (OSDS), certifiedDVBEs (hereafter called “DVBE”) who perform a commercially useful function relevant tothis solicitation, may be used to satisfy the DVBE program requirements. The criteria anddefinition for performing a commercially useful function are contained herein on the pageentitled Resources & Information. Bidders are to verify each DVBE subcontractor’scertification with OSDS to ensure DVBE eligibility.

To meet the DVBE program requirements, bidders must complete and fully document thefollowing compliance option when requirements are mandatory:

Option A - Commitment to full DVBE participation - For a bidder who is a DVBE or who is able tomeet the commitment to use identified certified DVBE(s) to fulfill the full DVBE participation goal.

OPTION A – COMMITMENT -- Commit to meet or exceed the DVBE participation requirementin this solicitation by either Method A1 (bidder is a California certified DVBE) or A2 (bidder isnot a California certified DVBE). Bidders must document DVBE participation commitment bycompleting and submitting the attached Documentation of Disabled Veteran BusinessEnterprise Program Requirements (CDVA. 840) and the Bidder Declaration (GSPD-05-105)located elsewhere within the solicitation document. Failure to complete and submit therequired forms as instructed shall render the bid non-responsive.

At the State’s option prior to award of the contract, a written confirmation from eachDVBE subcontractor identified on the Bidder Declaration must be provided. As directed


Jan 17, 2013 11:45:41 AM PST p. 20


by the State, the written confirmation must be signed by the bidder and the DVBEsubcontractor(s). The written confirmation may request information that includes but is notlimited to the DVBE scope of work, work to be performed by the DVBE, term of intendedsubcontract with the DVBE, anticipated dates the DVBE will perform required work, rate andconditions of payment, and total amount to be paid to the DVBE. If further verification isnecessary, the State will obtain additional information to verify the above requirements.

Method A1. Certified DVBE bidder:a. Commit to performing at least 3% of the contract bid amount (unless otherwise specified)

with the prime bidder’s firm or in combination with another DVBE(s).

b. Document option intention on the CDVA 840 (Section A) and document DVBE participationon the Bidder Declaration GSPD-05-105.

c. At the State’s option a DVBE bidder working in combination with other DVBEs shall submitproof of its commitment by submitting a written confirmation from the DVBE(s) identified asa subcontractor on the Bidder Declaration. When requested, the document must besubmitted to the address or facsimile number specified and within the timeframe identifiedin the notification. Failure to submit the written confirmation as specified may be groundsfor bid rejection.

Method A2. Non-DVBE bidder:a. Commit to using certified DVBE(s) for at least 3% (unless otherwise specified) of the bid

amount.

b. When a bidder commits to less than the required 3% DVBE participation or its commitmentmay fall below 3% bidder will not be given any incentive points.

c. Document option intention on the CDVA 840 (Section A) and document DVBE participationon the Bidder Declaration GSPD-05-105.

d. At the State’s option prior to contract award, a bidder is to submit proof of its commitmentby submitting a written confirmation from each DVBE identified as a subcontractor on theBidder Declaration GSPD-05-105. The awarding department contracting official named inthe solicitation may contact each listed DVBE, by mail, fax or telephone, for verification ofthe bidder’s submitted DVBE information. When requested, the document must besubmitted to the address or facsimile number specified and within the timeframe identifiedin the notification. Failure to submit the written confirmation as specified may be groundsfor bid rejection.

RESOURCE AND INFORMATION

STATE: Contact the Department of General Services, Procurement Division (DGS-PD),Office of Small Business and DVBE Services (OSDS), to obtain a list of certifiedDVBEs by telephone at (916) 322-5060 for the 24-hour automated telephonesystem or (916) 375-4940 for the receptionist during normal business hours. Thisinformation can also be obtained by searching the online database atwww.pd.dgs.ca.gov/smbus. Begin by selecting Certified Firm Inquiry Services andthen search by using either the Keyword Search or the Standard Query options.

FEDERAL: Search the U.S. Small Business Administration’s (SBA) Central ContractorRegistration (CCR) on-line database at www.ccr.gov/ to identify potential DVBEsand click on the "Dynamic Small Business Search" button. Search options and


Jan 17, 2013 11:45:41 AM PST p. 21

www.pd.dgs.ca.gov/smbus

www.ccr.gov/


information are provided on the CCR Dynamic Small Business Search site. Firsttime users should click on the “help” button for detailed instructions.

LOCAL: For a list of local DVBE organizations, please refer to the DVBE Resource Packetthat may be accessed online (www.pd.dgs.ca.gov/smbus - select “DVBE ResourcePacket”) or obtain a hardcopy by requesting it from DGS-PD Office of SmallBusiness and DVBE Services (see the Resources & Information page providedherein).

The Bidders Declaration (GSPD-05-105) MUST be included with the bid; failure to submitthese documents shall render your bid non-responsive if requirements aremandatory.


Jan 17, 2013 11:45:41 AM PST p. 22



RESOURCES AND INFORMATION

For questions regarding bid documentation requirements, contact the contracting official at the awardingdepartment for this solicitation. The Department of General Services, Procurement Division (DGS-PD)publishes a Resource Packet to assist bidders in meeting these contract requirements. To obtain this list,please contact the DGS-PD Office of Small Business and DVBE Services and request the “DVBE ResourcePacket.”

U.S. Small Business Administration (SBA):Use the Central Contractor Registration (CCR) on-line database.Internet contact only –Database: www.ccr.gov/.

FOR:Service-Disabled Veteran-ownedbusinesses in California (Remember toverify each DVBE’s Californiacertification.)

Local Organizations (see the DVBE Resource Packet availablefrom DGS-PD DVBE Program Section listed below)

FOR:List of potential DVBE subcontractors

DGS-PD Office of Small Business and DVBE Services (OSDS)707 Third Street, Room 1-400, West Sacramento, CA 95605Website: www.pd.dgs.ca.gov/smbus24-hour automated information

& document requests: (916) 322-5060Receptionist: (916) 375-4940Fax: (916) 375-4950

FOR:• Directory of Certified DVBEs• Certification Applications• Certification Information• Certification Status, Concerns

DGS-PD Office of Small Business and DVBE Services707 Third Street, Room 1-400, West Sacramento, CA 95605Voice, 8 am-5 pm: (800) 559-5529Fax: (916) 375-4597

FOR:• DVBE Program Participation

Requirements• DVBE Program Info. and

Statewide Policy• DVBE Resource Packet• DVBE Business Utilization Plan• Small Business/DVBE Advocates

Commercially Useful Function Definition

California Code of Regulations, Title 2, § 1896.61(l):The term "DVBE contractor, subcontractor or supplier" means any person or entity that satisfies the ownership (ormanagement) and control requirements of §1896.61(f); is certified in accordance with §1896.70; and provides services orgoods that contribute to the fulfillment of the contract requirements by performing a commercially useful function.As defined in MVC §999, a person or an entity is deemed to perform a "commercially useful function" if a person or entitydoes all of the following: Is responsible for the execution of a distinct element of the work of the contract. Carries out the obligation by actually performing, managing, or supervising the work involved. Performs work that is normal for its business services and functions. Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal

industry practices.A contractor, subcontractor, or supplier will not be considered to perform a commercially useful function if the contractor's,subcontractor's, or supplier's role is limited to that of an extra participant in a transaction, contract, or project throughwhich funds are passed in order to obtain the appearance of disabled veteran business enterprise participation.


Jan 17, 2013 11:45:41 AM PST p. 23

www.ccr.gov/



STATE OF CALIFORNIA – Department of Veterans Affairs

DOCUMENTATION OF DISABLED VETERAN BUSINESS ENTERPRISEPROGRAM REQUIREMENTSCDVA. 840 (REV. 7/2009)

A. Designation Of Option –Complete the applicable section and attach the required supportingdocumentation. You are advised to read all instructions carefully prior to completing this form.Remember that only California certified DVBEs who can provide related goods and/or services may beused to satisfy these program solicitation requirements. DVBEs must perform a commercially usefulfunction. During contract performance, all requests for substituting DVBEs subcontractors must bemade in accordance with the provisions of California Code of Regulations, Title 2, §1896.64(c).

OPTION A – I commit to meeting the full DVBE Agreement participation requirement.Complete: CDVA 840, Section A (check the box on this form) and sign and submit the bidders declaration (GSPD05-105).

Checking every box of your elected compliance option does not guarantee that yourbid will be deemed compliant.

OPTION A: COMMITMENT TO DVBE AGREEMENT PARTICIPATION

CDVA 840 included with bidDesignated the Commitment Option in Section A – Checked the box of the form CDVA 840Bidder Declaration form GSPD-05-105 completed and included with bidProposed DVBE participation meets or exceeds the 3% requirement (unless a different percentage isspecified)


Jan 17, 2013 11:45:41 AM PST p. 24


Bidder’s Company Name: _______________________________________

State of California –Department of General Services, Procurement Division Solicitation Number _________________GSPD-05-105 (EST 8/05)

BIDDER DECLARATION1. Prime bidder information (Review attached Bidder Declaration Instructions prior to completion of

this form):

a. Identify current California certification(s) (MB, SB, SB/NVSA, DVBE): or None

b. Will subcontractors be used for this contract? Yes No (If yes, indicate the distinct element of

work your firm will perform in this contract

e.g., list the proposed products produced by your firm, state if your firm owns the transportation vehicles

that will deliver the products to the State, identify which solicited services your firm will perform, etc.).

Use additional sheets, as necessary.

c. If you are a California certified DVBE: (1) Are you a broker or agent? Yes No(2) If the contract includes equipment rental, does your company

own at least 51% of the equipment provided in this contract(quantity and value)? Yes No N/A

2. If no subcontractors will be used, skip to certification below. Otherwise, list all subcontractors for thiscontract. (Attach additional pages if necessary):

Subcontractor Name,Contact Person, PhoneNumber & Fax Number

Subcontractor Address& Email Address

CA Certification(MB, SB, DVBE

or None)

Work performed orgoods providedfor this contract

Corresponding% of bid price

GoodStanding?

51%Rental?

CERTIFICATION: By signing the bid response, I certify under penalty of perjury that the informationprovided is true and correct.

Page ___ of ___


Jan 17, 2013 11:45:41 AM PST p. 25

Smoke/Fire Damper Maintenance & Inspection Services IFB 12YS0042Page 24 of 37

State of California –Department of General Services, Procurement DivisionGSPD-05-105 (EST 8/05) Instructions

BIDDER DECLARATION InstructionsAll prime bidders (the firm submitting the bid) must complete the BidderDeclaration.

1.a. Identify all current certifications issued by the State of California. If the primebidder has no California certification(s), check the line labeled “None” and proceed toItem #2. If the prime bidder possesses one or more of the following certifications, enterthe applicable certification(s) on the line:• Microbusiness (MB)• Small Business (SB)• Small Business Nonprofit Veteran Service Agency (SB/NVSA)• Disabled Veteran Business Enterprise (DVBE)

1.b. Mark either “Yes” or “No” to identify whether subcontractors will be used for thecontract. If the response is “No”, proceed to Item #1.c. If “Yes”, enter on the line thedistinct element of work contained in the contract to be performed or the goods to beprovided by the prime bidder. Do not include goods or services to be provided bysubcontractors.

Bidders certified as MB, SB, SB/NVSA, and/or DVBE must provide acommercially useful function as defined in Military and Veterans Code Section999(e)(2)(A) for DVBEs and Government Code Section 14837 (d)(4)(A) forsmall/microbusinesses. For questions regarding commercially useful functiondeterminations made in conjunction with certification approval, contact theDepartment of General Services, Procurement Division, Office of Small Businessand DVBE Certification (OSDC), OSDC Certification and Compliance Unit viaemail at: [email protected]

Bids must propose that certified bidders provide a commercially useful function for theresulting contract or the bid will be deemed non-responsive and rejected by the State.For questions regarding the solicitation, contact the procurement official identified inthe solicitation.

Note: A subcontractor is any person, firm, corporation, or organization contracting toperform part of the prime’s contract.

1.c. This item is only to be completed by businesses certified by California as aDVBE.

(1) Declare whether the prime bidder is a broker or agent by marking either “Yes” or“No”. The Military and Veterans Code Section 999.2 (b) defines “broker” or “agent” asa certified DVBE contractor or subcontractor that does not have title, possession,control, and risk of loss of materials, supplies,services, or equipment provided to anawarding department, unless one or more of the disabled veteran owners has at least51-percent ownership of the quantity and value of the materials, supplies, services, andof each piece of equipment provided under the contract.

(2) If bidding rental equipment, mark either “Yes” or “No” to identify if the primebidder owns at least 51% of the equipment provided (quantity and value). If notbidding rental equipment, mark “N/A” for “not applicable.”

2. If no subcontractors are proposed, do not complete the table. Read thecertification at the bottom of the form and complete “Page ___ of ___” on the form.

If subcontractors will be used, complete the table listing all subcontractors. Ifnecessary, attach additional pages and complete the “Page ___ of ___” accordingly.

2. (continued) Column Labels

Subcontractor Name, Contact Person, Phone Number & Fax Number –List eachelement for all subcontractors.

Subcontractor Address & Email Address—Enter the address and if available, anEmail address.

CA Certification (MB, SB, DVBE or None)—If the subcontractor possesses a currentState of California certification(s), verify on the OSDC website(www.pd.dgs.ca.gov/smbus) that it is still valid and list all current certifications here.Otherwise, enter “None”. [Note: A SB/NVSA should not be participating as asubcontractor]

Work performed or goods provided for this contract—Identify the distinct element ofwork contained n the contract to be performed or the goods to be provided by eachsubcontractor. Certified subcontractors must provide a commercially useful function forthe contract. (See paragraph 1.b above for code citations regarding the definition ofcommercially useful function.) If a certified subcontractor is further subcontracting agreater portion of the work or goods provided for the resulting contract than would beexpected by normal industry practices, attach a separate sheet of paper explaining thesituation.

Corresponding % of bid price—Enter the corresponding percentage of the total bidprice for the goods and/or services to be provided by each subcontractor. Do not enter adollar amount.

Good Standing?—Provide a response for each subcontractor listed. Enter either “Yes”or “No” to indicate that the prime bidder has verified that the subcontractor(s) is in goodstanding for all of the following:

• Possesses valid license(s) for any license(s) or permits required by the solicitation or bylaw

• If a corporation, the company is qualified to do business in California and designated bythe State of California Secretary of State to be in good standing

• Possesses valid State of California certification(s) if claiming MB, SB, and/or DVBEstatus

• Is not listed on the OSDC website as ineligible to transact business with the State

51% Rental?—This pertains to the applicability of rental equipment. Based on thefollowing parameters, enter either “N/A” (not applicable), “Yes” or “No” for eachsubcontractor listed.

Enter “N/A” if the:Subcontractor is NOT a DVBE (regardless of whether or not rentalequipment is provided by the subcontractor) or Subcontractor is NOT providing rentalequipment (regardless of whether or not subcontractor is a DVBE)

Enter “Yes” if the subcontractor is a California certified DVBE providing rental equipmentand the subcontractor owns at least 51% of the rental equipment (quantity and value) itwill be providing for the contract.

Enter “No” if the subcontractor is a California certified DVBE providing rental equipmentbut the subcontractor does NOT own at least 51% of the rental equipment (quantity andvalue) it will be providing.

Read the certification at the bottom of the page and complete the “Page ___ of ___”accordingly.


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SAMPLE DOCUMENTS OF CONTRACT

Note to Bidders:

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

*Sample contracts are included for illustration purposes only. The contract will contain current forms,terms and conditions and actual information submitted by the awarded contractor.”


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STANDARD AGREEMENTSTD 213 (Rev 06/03) AGREEMENT NUMBER

REGISTRATION NUMBER

1. This Agreement is entered into between the State Agency and the Contractor named below:STATE AGENCY'S NAME

CONTRACTOR'S NAME

2. The term of this throughAgreement 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 apart of the Agreement.

Exhibit A – Scope of Work XX pagesExhibit B – Budget Detail and Payment Provisions XX pagesExhibit C* – General Terms and Conditions GTC 610

Check mark one item below as Exhibit D:Exhibit - D Special Terms and Conditions (Attached hereto as part of this agreement) XX pagesExhibit - D* Special Terms and Conditions

Exhibit E – Additional Provisions/Duties of the State XX pages

Exhibit F-Additional SpecificationsItems shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attachedhereto. These documents can be viewed at www.ols.dgs.ca.gov/Standard+Language

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.)BY (Authorized Signature)

DATE SIGNED(Do nottype)

PRINTED NAME AND TITLE OF PERSON SIGNING

California Department ofGeneral Services Use Only

ADDRESS

STATE OF CALIFORNIAAGENCY NAME

BY (Authorized Signature)

DATE SIGNED(Do nottype)

PRINTED NAME AND TITLE OF PERSON SIGNING Exemptper:

ADDRESS


Jan 17, 2013 11:45:41 AM PST p. 28

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


EXHIBIT ASCOPE OF WORK

1. In compliance with CDPH (California Department of Public Health) and NFPA (National Fire ProtectionAssociation, (Contractor) agrees to provide the California Department of Veterans Affairs (hereinafter the“State”, “CDVA” or “Department”) Smoke/Fire Damper Maintenance & Inspection Services as describedherein. Services shall be performed at the California Veterans Home – Yountville (hereinafter the “State”,“CDVA” or “Home”) located at 190 California Drive, Yountville, CA 94599.

2. The term of this Agreement is from February 1, 2013, or upon approval, whichever is later, through andincluding June 30, 2013. However, the contractor is expected to have completed the survey and submittedall required reports, data disks, photographs, etc. as specified in the Scope of Work no later thanApril 30, 2013.

3. The Contract Managers are responsible for the administration of this Agreement and for responding tocontractual inquiries pertaining to the governing provisions of the Agreement during the term of thisAgreement. The Contract Managers will be:

Veterans Home – Yountville ContractorName: Jim Kennedy, CPO I Name:Title Contract Manager TitleAddress: 190 California Drive

Yountville CA 94599Address: To be determined

Telephone: 707-944-4800 Telephone:Fax: 707-944-4819 Fax:Email: [email protected] Email:

4. Contract Managers may be changed by issuing a 20-day prior written notification and shall not require aformal amendment to this Agreement. The notifying party shall provide complete contact information forthe replacement Contract Manager including, name, title, mailing address, phone and fax number, andemail address.

5. Review existing documents provided by the State.

6. Locate, affix an identification sticker in the appropriate position, and operate (i.e. actuate) all fire and smokedampers in licensed areas listed in the below table. Remove and reset the fusible link and verify thedamper fully closes.

7. Clean and service all dampers; the latch, if provided, shall be checked; and moving parts shall belubricated as necessary

8. Replace all fusible links that are compromised (per NFPA Code).

9. Mark the location of the dampers and its corresponding number on the facility’s mechanical blueprints. Thedamper number to coincide with the number on the identification sticker that the technician will affix to theceiling denoting the damper location.

10. In all critical care areas Infection Control Procedures shall be followed, including utilization of negativepressure containment tents, and shall follow strict adherence to the Healthcare Facility’s Infection ControlDepartment’s ICRAs (Infection Control Risk Assessment) Guidelines.

11. Submit a preliminary written report to the state’s Contract Manager that includes:


Jan 17, 2013 11:45:41 AM PST p. 29



a.)A listing of the location of every damper and the damper number and whether the damper passes orfails inspection. If a damper fails inspection, a detailed reason for the failure will be provided.

b.)Provide third party certification with a log and photographic documentation of every damper testedthrough digital documentation (i.e. digital pictures) of every cleaned damper in the “Open” and “Closed”position in order to provide photographic proof that all dampers were inspected. Photo documentationshall show cleaned damper with fusible link reinstalled.

c.) Contractor shall provide three (3) sets of plans identifying the smoke/fire damper locations throughoutthe Home.

12. After consultation with the State’s Contract Manager, the preliminary report shall be modified as necessaryand submitted as a Final Report. Hard copies and program/media discs to be submitted.

13. The licensed areas are home to aged and/or disabled veterans. Technicians shall check in with thesupervisor of each area in which he/she intends to work prior to commencing work in that area. While workis being conducted, appropriate safe guards must be taken to ensure trip hazards, such as ladders, boxes,etc. are removed or clearly marked to prevent accidents. Fire doors and exits must remain unobstructed.Work shall be conducted as quietly and unobtrusively as possible in order to maintain a “home like”environment for the veterans.

14. Scheduling: To be coordinated with facility needs. Work in critical areas to be conducted at times that donot interfere with operational/medical services.

15. There are approximately 750 dampers located through the Home. Be advised, that if additional dampers (maximumor 10) are found through the course of performing the inspection, Contractor is expected to inspect the damper(s)without additional cost to the state. But should Contractor find 11 dampers or more, the dollar amount posed onattachment 2 (Cost Sheet), “cost estimate per individual damper inspected”, will be used to properly compensate theContractor.


Jan 17, 2013 11:45:41 AM PST p. 30


16. The work described in this Scope of Work will be performed in the following licensed areas:

LIST OF SMOKE/FIRE DAMPERS

BUILDING USE SQUARE FEET OF LOCATIONACUTE CARE MEDICAL 56,000

ANNEX I(F.D. ROOSEVELT HALL) SNF 38,900

ANNEX II (EISENHOWER HALL) SNF 39,400ANNEX III (McKINLEY HALL) ICF 39,700

HOLDERMAN, WING A SNF 30,600HOLDERMAN, WING A-A MEDICAL 13,000HOLDERMAN, WING B SNF 26,000HOLDERMAN, WING C SNF 15,142HOLDERMAN, WING D SNF 29,000HOLDERMAN, WING E SNF 50,500HOLDERMAN, WING F MEDICAL 17,000

LINCOLN HALL DOMICILARY 42,599MADISON HALL DOMICILARY 37,000TRUMAN HALL DOMICILARY 31,500T. ROOSEVELT DOMICILARY 36,900WILSON HALL DOMICILARY 45,500

JOHNSON HALL DOMICILARY 17,000KENNEDY HALL DOMICILARY 27,000

POLK HALL DOMICILARY 15,000JEFFERSON HALL DOMICILARY 12,200

MAIN DINING ROOM/KITCHEN 40,000MEMBER SERVICES BUILDING 96,000


Jan 17, 2013 11:45:41 AM PST p. 31


EXHIBIT BBUDGET DETAIL AND PAYMENT PROVISIONS

1. For the term of this contract starting February 1, 2013, or upon approval, whichever is later, through and includingJune 30, 2013, the maximum amount payable under this Agreement shall not exceed $__________ (awardeddollar amount).

2. Invoicing and Payment

a. For services satisfactorily rendered, and upon receipt and approval of an itemized invoice, the Stateagrees to compensate the Contractor for actual expenditures incurred in accordance with the ratesspecified in Attachment 2 (Cost Sheet) which is attached hereto and made a part of this ContractAgreement.

b. If the Contractor’s staff work was found incomplete or not performed in accordance with the contractprovisions, the State Contract Manager shall mark the invoice as denied, state the reason(s) for denial ofthe invoice, sign and date the invoice, make a copy of the invoice for the State Contract Manager file,make and forward a copy of the denied invoice to VHC-Accounting, and return the denied invoice to theContractor.

3. In consideration of performance and completion of the work in a satisfactory manner and upon receipt of theContractor’s itemized invoices, the State agrees to compensate the Contractor for actual expenditures incurred inaccordance with the terms and conditions specified herein.

4. Invoices shall be submitted to CDVA no later than sixty (60) days after the last day of the month in which theservice was performed.

5. Invoices shall include the Agreement Number 12YS0042, and shall be submitted to the following address:

Original Signed Invoice Approval Copy of InvoiceCalifornia Department of Veterans Affairs Veterans Home of CA – YountvilleVHC-Accounting Office, Room 403 190 California DriveP.O. Box 942895 Yountville, CA 94599Sacramento, CA 94295-0001 ATTN: Jim Kennedy, CPO I

Fax: (707) 944-4819

6. BUDGET CONTINGENCY CLAUSE: It is mutually agreed that if the Budget Act of the current year and/or anysubsequent years covered under this Agreement does not appropriate sufficient funds for the program, thisAgreement shall be of no further force and effect. In this event, the State shall have no liability to pay any fundswhatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not beobligated to perform any provisions of this Agreement.

7. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shallhave the option to either: cancel this Agreement with no liability occurring to the State; or, offer an Agreementamendment to Contractor to reflect the

reduced amount.

8. PROMPT PAYMENT ACT: Payment will be made in accordance with and within the time (45 days) specified inthe Government Code, Chapter 4.5 (commencing with section 927).


Jan 17, 2013 11:45:41 AM PST p. 32


EXHIBIT CGENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS - 610

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department ofGeneral Services, if required. Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing,signed by the parties and approved as required. No oral understanding or Agreement not incorporated in theAgreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent ofthe State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of StateAudits, or their designated representative shall have the right to review and to copy any records and supportingdocumentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records forpossible audit for a minimum of three (3) years after final payment, unless a longer period of records retention isstipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allowinterviews of any employees who might reasonably have information related to such records. Further, Contractoragrees to include a similar right of the State to audit records and interview staff in any subcontract related toperformance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents andemployees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors,suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, orsupplies in connection with the performance of this Agreement, and from any and all claims and losses accruing orresulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of thisAgreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should theContractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In theevent of such termination the State may proceed with the work in any manner deemed proper by the State. All coststo the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shallbe paid to the Contractor upon demand.

8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of thisAgreement, shall act in an independent capacity and not as officers or employees or agents of the State.

9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if notexact, percentage of post consumer material as defined in the Public Contract Code Section 12200, in products,materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements ofPublic Contract Code Section 12209. With respect to printer or duplication cartridges that comply with therequirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges socomply (Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shallnot unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment becauseof sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mentaldisability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Contractorand subcontractors shall insure that the evaluation and treatment of their employees and applicants for employmentare free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of


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the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgatedthereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the FairEmployment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 ofDivision 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference andmade a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligationsunder this clause to labor organizations with which they have a collective bargaining or other Agreement.

Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to performwork under the Agreement.

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 307are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12. TIMELINESS: Time is of the essence in this Agreement.

13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all ofContractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwiseexpressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State ofCalifornia.

15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods areobtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government CodesSections set out below.

a. The Government Code Chapter on Antitrust claims contains the following definitions:

1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by theState or any of its political subdivisions or public agencies on whose behalf the Attorney General may bringan action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.

2) “Public purchasing body" means the State or the subdivision or agency making a public purchase.Government Code Section 4550.

b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it willassign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods,materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shallbe made and become effective at the time the purchasing body tenders final payment to the bidder. GovernmentCode Section 4552.

c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetaryrecovery for a cause of action assigned under this chapter, the assignor shall be entitled to receivereimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portionof the recovery, including treble damages, attributable to overcharges that were paid by the assignor but werenot paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of therecovery. Government Code Section 4553.

d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign thecause of action assigned under this part if the assignor has been or may have been injured by the violation oflaw for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assigneedeclines to file a court action for the cause of action. See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges inaccordance with Public Contract Code 7110, that:


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a. The contractor recognizes the importance of child and family support obligations and shall fully comply with allapplicable state and federal laws relating to child and family support enforcement, including, but not limited to,disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8(commencing with section 5200) of Part 5 of Division 9 of the Family Code; and

b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of allemployees and is providing the names of all new employees to the New Hire Registry maintained by theCalifornia Employment Development Department.

17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to beunenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall notbe affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shallgive priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid underWelfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:

a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor mustwithin 60 days of receiving final payment under this Contract (or within such other time period as may bespecified elsewhere in this Contract) report to the awarding department the actual percentage of small businessparticipation that was achieved. (Govt. Code § 14841.)

b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE)participation, then Contractor must within 60 days of receiving final payment under this Contract (or within suchother time period as may be specified elsewhere in this Contract) certify in a report to the awarding department:(1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s)that participated in the performance of the Contract; (3) the amount each DVBE received from the primeContractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actualpercentage of DVBE participation that was achieved. A person or entity that knowingly provides falseinformation shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code §14841.)

20. LOSS LEADER:

If this contract involves the furnishing of equipment, materials, or supplies then the following statement isincorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product asa “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)


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EXHIBIT DSPECIAL TERMS AND CONDITIONS

1. EXCISE TAX: The State of California is exempt from Federal Excise Taxes, and no payment will be made for anytaxes levied on employees' wages. The State will pay for any applicable State of California or local sales or usetaxes on the services rendered or equipment or parts supplied pursuant to this Contract. California may pay anyapplicable sales or use tax imposed by another state.

2. STATUTORY AND REGULATORY PROVISIONS

a. This Contract shall be governed and construed in accordance with all applicable statutory and regulatoryprovisions including, but not limited to:

1) Title XVIII of the Federal Social Security Act2) Title XIX of the Federal Social Security Act3) Chapters 7 and 8 (commencing with Section 14000), Part 3, Division 9, Welfare and Institutions

Code4) Division 3, Title 22, California Code of Regulations (CCR)5) Health and Safety Code Section 1340 et seq.6) All applicable Federal provisions which regulate the administration of health care programs and

budget revisions, as contained in the Code of Federal Regulations (CFR), Title 42, and Title 45,Part 74, Title 42 United States Code, Sections 1395 et seq. and 1396 et seq.

7) Sub-chapter 13 (commencing with Section 6800), Chapter 4, Part 1, Title 17, CCR; and8) All other applicable laws and regulations.

3. Any provision of this Contract in conflict with the applicable laws and regulations is hereby amended to conform tothe provisions of those laws and regulations. Such amendment of the Contract shall be effective on the effectivedate of the statutes or regulations necessitating it, and shall be binding on the parties even though theamendment may not have been reduced to writing and formally agreed upon and executed by the parties. If, dueto amendment in laws of regulations, Contractor is unable or unwilling to comply with the provisions of theamendment(s), State or Contractor may terminate this Contract in accordance with the Termination provision ofthis Contract.

4. EXAMINATION AND AUDIT

a. Contractor shall allow the State and its related entities, the Comptroller General of the United States,Department of Justice (DOJ), and the Bureau of Medi-Cal Fraud, or their duly authorized representatives,to inspect or otherwise evaluate the quality, appropriateness, and timeliness of services performed underthis Contract, and to inspect, evaluate, and audit any and all books, records, and facilities maintained bythe Contractor and Subcontractors pertaining to services under this Contract at any time during normalbusiness hours.

b. Contractor shall be subject to the examination and audit of the State Auditor for a period of three (3) yearsafter final payment under this Contract in accordance with Government Code, Section 85467.7. Theexamination and audit shall be confined to those matters directly connected with the performance of thecontract, including, but not limited to, the costs of administering the Contract.

c. Books and records include, but are not limited to, all physical records originated or prepared pursuant tothe performance under this Contract, including working papers, reports, financial records, and books ofaccount, Medical Records, prescriptions files, Subcontracts, and any other documentation pertaining tomedical and non-medical services for residents of the Home. Upon request, at any time during the termof this Contract, the Contractor shall furnish any record or copy.

5. RESOLUTION OF DISPUTES: The Contractor may dispute and appeal a decision or action by the State arisingout of the interpretation or administration of this Contract. A written dispute notice shall be submitted to the


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Contract Manager within thirty (30) calendar days from the date the Contractor receives notice of the decision oraction in dispute.

The Contractor’s dispute notice shall state, on the basis of the most accurate information then available to theContractor, the following:

a. That it is a dispute pursuant to this Section.b. The date, nature, and circumstances of the conduct, which is the subject of dispute.c. The names, telephone numbers, function, and activity of each contractor, subcontractor, State official, or

employee involved in or knowledgeable about the conduct.d. The identification of any documents and the substance of any oral communications involved in the

conduct. Copies of all identified documents shall be attached.e. The reason why the Contractor is disputing the conduct.f. The cost impact to the Contractor directly attributable to the alleged conduct, if any.g. The Contractor’s desired remedy.h. The State and the Contractor agree to try to resolve all contractual issues by negotiation and mutual

Contract at the Contract Manager level. The parties recognize that the implementation of this policydepends on open-mindedness, and the need for both sides to present adequate supporting informationon matters in question. The Contract Manager in a written decision stating the factual basis for thedecision will decide any disputes concerning performance of this Contract. Before issuance of theContract Manager’s decision, informal discussions between the parties by the individuals who have notparticipated substantially in the matter in dispute will be considered by the parties in efforts to reachmutual Contract.

i. The Contract Manager will render a decision or request additional substantiating documentation from theContractor within thirty (30) days of receipt of the Contractor’s appeal. A copy of the decision will beprovided to the Contractor. The decision shall be final and conclusive unless, within thirty (30) days fromthe date of the decision, the Contractor files a written appeal addressed to the Undersecretary, CaliforniaDepartment of Veterans Affairs.

j. The Undersecretary’s decision shall be final and conclusive unless the decision is arbitrary, capricious,grossly erroneous or if any determination of fact is unsupported by substantiating evidence. TheUndersecretary’s decision will be in writing and may encompass facts, interpretations of the Contract, anddetermination or application of law. The Contractor may, prior to the Undersecretary’s decision, presentoral or documentary evidence, and arguments in support of the Contractor’s appeal. The decision willeither:

1) Find in favor of the Contractor, in which case the Undersecretary may:

i. Countermand the earlier conduct which caused the Contractor to file a dispute; or

ii. Reaffirm the conduct and, if there is a cost impact sufficient to constitute achange in obligations pursuant to the payment provisions, direct the State tocomply with that Section.

2) Deny the Contractor’s dispute and, where necessary, direct the manner of futureperformance; or

3) Request additional substantiating documentation in the event the information in theContractor’s dispute or appeal is inadequate to permit a decision to be made underparagraphs (1) or (2) above, and will advise the Contractor as to what additionalinformation is required, and establish how that information will be furnished. TheContractor shall have thirty (30) days to respond to the Undersecretary’s request forfurther information. Upon receipt of this additional requested information, theUndersecretary will have thirty (30) days to respond with a decision. Failure to supplyadditional information required by the Undersecretary within the time period specifiedabove shall constitute waiver by the Contractor of all claims.

4) Attorney’s fees and costs for any dispute or subsequent trial shall be borne by therespective parties. Both parties waive trial by jury, and any trial in superior or municipal


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court shall be by a judge alone. Any litigation arising out of this Contract shall beconducted in a California Court pursuant to California law.

5) Contractor shall continue with the responsibilities under this Contract during any dispute.

6. AGENCY LIABILITY: The Contractor warrants by execution of this Contract, that no person or selling agency hasbeen employed or retained to solicit or secure this Contract upon Contract or understanding for a commission,percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial orselling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of thiswarranty, the State shall, in addition to other remedies provided by law, have the right to annul this Contractwithout liability, paying only for the value of the work actually performed, or otherwise recover the full amount ofsuch commission, percentage, brokerage, or contingent fee.

7. POTENTIAL SUBCONTRACTORS: Nothing contained in this Contract or otherwise shall create any contractualrelation between the State and any subcontractors, and no subcontract shall relieve the Contractor of itsresponsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the State for theacts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them, as itis for the acts and omissions of persons directly employed by the Contractor.

The Contractor's obligation to pay its subcontractors is an independent obligation from the State’s obligation tomake payments to the Contractor. As a result, the State shall have no obligation to pay or enforce the payment ofany moneys to any subcontractor.

8. INSURANCE REQUIREMENTSa. The certificate of insurance must provide that the State of California, its officers, agents, employees, and

servants are included as additional insured, but only with respect to work performed for the State ofCalifornia under the contract.

b. Upon contract award, contractor must furnish to the State an original certificate(s) of insurance statingthat the contractor has the following types of coverage:

1) Commercial General Liability: Combined Single Limit (CSL) for no less than $1,000,000 per occurrencefor bodily injury and property damage. The policy must include coverage for liabilities arising out ofpremises, operations, independent contractors, products/completed operations, personal & advertisinginjury, and liability assumed under an insured contract. This insurance shall apply separately to eachinsured against whom claim is made or suit is brought subject to the contractor’s limit of liability.

2) Automobile Liability: Limits of not less than $1,000,000 per accident. Such insurance shall cover liabilityarising out of an automobile including owned, hired, and non-owned autos.

3) Professional Liability: Covering any damages caused by an error, omission, or any negligent acts. Limitsof not less than $1,000,000 per occurrence.

4) The certificate(s) of insurance shall be on an ACORD form, or equivalent, and must show “occurrence”coverage. The certificates of insurance must also contain all of the following provisions:

i. Name and address of the insurance company, policy number, and beginning and endingdates of the policy.

ii. Statement that the insurer will not cancel the insured’s coverage without reasonable priorwritten notice to the State.

iii. Statement that the State of California, its officers, agents, employees, and servantsare included as additional insured on the policy, but only insofar as the operationsunder this contract.

5) Workers’ Compensation: Contractor shall maintain workers’ compensation and employer’s liabilitycoverage for all its employees who will be engaged in the performance of the contract, including specialcoverage extensions where applicable. Contractor shall furnish a certificate for Workers’ Compensation


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issued by an insurance carrier licensed to write Workers’ Compensation insurance in the State ofCalifornia, including the name of the carrier and the date of expiration of insurance, or a Certificate ofConsent to Self Insure issued by the Department of Industrial Relations.

6) Contractor agrees that any insurance herein provided shall be in effect at all times during the term of thecontract. In the event said insurance coverage expires at any time or times during the term of thiscontract, Contractor agrees to provide reasonable notice prior to said expiration date, a new certificate ofinsurance evidencing insurance coverage as provided for herein for not less than the remainder of theterm of the contract, or for a period of not less than one (1) year. In the event contractor fails to keep ineffect at all times insurance coverage herein provided, State may, in addition to any other remedies it mayhave, terminate the contract upon the occurrence of such event, subject to the provisions of the contract.

7) Contractor shall notify the State within five (5) days if any insurance coverage identified in the contract isaltered in any way.

9. RIGHT TO TERMINATEA. The State reserves the right to terminate this Contract subject to thirty (30) days written notice to the Contractor.

Contractor may submit a written request to terminate this Contract only if the State should substantially fail to performits responsibilities as provided herein. However, the Contract can be immediately terminated for cause. The term“for cause” shall mean that the Contractor fails to meet the terms, conditions, and/or responsibilities of the contract.In this instance, the contract termination shall be effective as of the date indicated on the State’s notification to theContractor.

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

10. FORCE MAJEURENeither party shall be liable to the other for any delay in or failure of performance, nor shall any such delay in orfailures of performance constitute default, if such delay or failure is caused by “Force Majeure.” As used in thissection, “Force Majeure” is defined as follows: Acts of war and acts of god such as earthquakes, floods, and othernatural disasters such that performance is impossible.

11. SB/DVBE PARTICIPATION:In accordance with requirements set forth by the State, the CDVA shall enforce all laws, rules, and regulationspertaining to this program. It is the Contractors responsibility to provide CDVA with all required documents asoutlined in this agreement. The CDVA reserves the right to contact each SB and DVBE identified by theContractor to verify compliance. Failure to meet SB/DVBE requirements under Exhibit B, and Exhibit C (GTC610), paragraphs 19.a and 19.b. may deem the Contractor to be non-responsible and rejected from future bid andcontract opportunities with the CDVA.

12. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) STANDARDS FOR PRIVACY OFINDIVIDUALLY IDENTIFIABLE HEALTH INFORMATIONFor the purpose of this contract, contractor shall comply with the federal Health Insurance Portability and Accountability Act(HIPAA), as well as State and Federal requirements for privacy protection. The definitions and obligations required by theHIPAA Standards for Privacy of Individually Identified Health Information (U.S.C. 1320d et seq.), and implementing regulationsincluding but not limited to 45 Code of Federal Regulations parts 142, 160, 162, and 164, hereinafter referred to as the PrivacyRule, remain in force and applicable for access to protected health information, including electronic protected healthinformation.

13. PREVAILING WAGES In accordance with the provisions of Section 1770 of the Labor Code, the Departmenthas ascertained that the general prevailing rates of wages applicable in the County of Napa are those ratesestablished and published by the Director of Industrial Relations, http://www.dir.ca.gov/dlsr/PWD/Apprentice.htm

a) The Notice to Contractors stipulates the prevailing wage rates are applicable to the classes of labor to be used on this project.b) Pursuant to Labor Code Section 1776 completed certified payroll reporting forms for all workers involved in this project shall be submitted to the Contract Manager prior to the authorization of any

payment for work under this contract.


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http://www.dir.ca.gov/dlsr/PWD/Apprentice.htm

Question and Answers for Bid #IFB 12YS0042 - Smoke/Fire Damper Maintenance & Inspection Services

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