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California Public Utilities Commission

INVITATION FOR BID

Notice to Prospective Bidders

August 15, 2013

You are invited to review and respond to this Invitation for Bid (IFB) entitled Moving Services for

CPUC Restack Project, 13BS5009. In submitting your bid, you must comply with the instructions

stated in the IFB.

Note that all agreements entered into with the State of California will include by reference

General Terms and Conditions (GTC 610) available at:

www.documents.dgs.ca.gov/ols/GTC-610.doc

and Contractor Certification Clauses (CCC307) available at:

www.documents.dgs.ca.gov/ols/CCC-307.doc.

Please note that no verbal information given will be binding upon the CPUC unless such

information is in writing and posted in the Bidsync at:

http://www.bidsync.com/

In the opinion of the California Public Utilities Commission (CPUC) this IFB is complete and

without need of explanation. However, if you have questions related to this IFB, please direct your

questions to the CPUC as instructed in Section 5 of the IFB.

For prospective bidders who need assistance due to a physical impairment in order to attend the

Mandatory Walkthrough and Conference as described in Section 8.4 of this IFB, a reasonable

accommodation will be provided upon request. Please contact Mark Ferrara at 415-703-5886 by

12:00 p.m. (noon) on Monday, August 26, 2013 to arrange for a reasonable accommodation.

Mark Ferrara

Project Manager

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Table of Contents

1. Purpose and Description of Services Background ......................................................... 4

2. Scope of Work ................................................................................................................ 4

3. Term of Contract ............................................................................................................ 4

4. Maximum Bid ................................................................................................................. 4

5. Bidders’ Questions and Answers ................................................................................... 5

6. Bidder’s Responsibilities for the IFB ............................................................................. 5

7. Bidder’s Minimum Qualifications .................................................................................. 5

7.1. Experience ...................................................................................................................... 5

7.2. Client References and Qualifications ............................................................................. 6

7.3. Insurance Requirements ................................................................................................. 6

7.4. Government Restrictions ................................................................................................ 8

7.5. Prevailing Wage Rates ................................................................................................... 8

8. Bid Requirements and Information ................................................................................ 8

8.1. Key Action Dates ........................................................................................................... 8

8.2. Addenda .......................................................................................................................... 9

8.3. Confidentiality ................................................................................................................ 9

8.4. Mandatory Walkthrough and Optional Pre-Bid Conference .......................................... 9

8.5. Socioeconomic and Environmental Programs ............................................................. 10

8.5.1. Minimum 3% DVBE Program Participation Requirement .......................................... 11

8.5.2. DVBE Required Forms with the Offer ......................................................................... 12

8.5.3. Resources for Locating DVBEs ................................................................................... 13

8.5.4. Incentive and Preference Programs and Associated Preferences ................................. 14

8.5.5. DVBE Incentive Program ............................................................................................ 14

8.5.6. Small Business Preference ........................................................................................... 15

8.5.6.1. DGS Certified SBE ...................................................................................................... 15

8.5.6.2. Small Business Preferences for Non-Small Businesses ............................................... 16

8.5.6.3. TACPA, LAMBRA and EZA Preference Programs .................................................... 16

8.5.7. Commercially Useful Function .................................................................................... 18

8.5.8. DARFUR Contracting Act Certification ...................................................................... 18

9. Preparation and Submission of Offer ........................................................................... 18

9.1. Offer Submission .......................................................................................................... 18

9.2. Deviation ...................................................................................................................... 20

9.3. Rejection ....................................................................................................................... 20

9.4. Developing the Bid ....................................................................................................... 20

9.5. Withdrawal and Re-Submittal ...................................................................................... 20

9.6. Multiple Offers and Collusion ...................................................................................... 21

9.7. Envelope 1 - Required Information and Attachments .................................................. 21

9.7.1. Offer Checklist, IFB Attachment 1 .............................................................................. 21

9.7.2. Cover Letter .................................................................................................................. 21

9.7.3. Customer Reference Forms, IFB Attachment 2 ........................................................... 22

9.7.4. Conflict of Interest Statement, IFB Attachment 3 ........................................................ 22

9.7.5. Bid/Bidder Certification Sheet, IFB Attachment 4 ...................................................... 22

9.7.6. Bidder Declaration GSPD-05-105, IFB Attachment 5 ................................................. 22

9.7.7. DVBE Declarations, IFB Attachment 6 ....................................................................... 22

9.7.8. Darfur Contracting Act Certification, IFB Attachment 7, if applicable ....................... 22

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9.7.9. Small Business Affidavit, IFB Attachment 8, if applicable ......................................... 22

9.7.10. TACPA form and attachments, if applicable ............................................................... 22

9.7.11. LAMBRA Act Form and Attachments, if applicable ................................................... 22

9.7.12. EZA form and Attachments, if applicable .................................................................... 23

9.8. Envelope 2 - Bid-Cost .................................................................................................. 23

10. Evaluation and Selection .............................................................................................. 24

10.1. Evaluation and Selection Example ............................................................................... 24

10.2. Tie Bids ........................................................................................................................ 25

11. Award and Protest ........................................................................................................ 26

12. Required Upon Award of Agreement .......................................................................... 26

13. Disposition of Offers .................................................................................................... 27

14. Agreement Execution and Performance ....................................................................... 27

ATTACHMENT 1 – OFFER CHECKLIST ................................................................................. 29

ATTACHMENT 2 – CUSTOMER REFERENCES ..................................................................... 31

ATTACHMENT 3 – CONFLICT OF INTEREST STATEMENT ............................................... 33

ATTACHMENT 4 – BID/BIDDER CERTIFICATION SHEET ................................................. 34

ATTACHMENT 5 – BIDDER DECLARATION (GSPD-05-105) .............................................. 36

ATTACHMENT 6 – DVBE DECLARATIONS (STD 843) ........................................................ 39

ATTACHMENT 7 – DARFUR CONTRACTING ACT CERTIFICATION ............................... 40

ATTACHMENT 8 – SMALL BUSINESS AFFIDAVIT ............................................................. 41

ATTACHMENT 9 - CONTRACTOR CERTIFICATION CLAUSES (CCC-307)..................... 42

ATTACHMENT 10 – PAYEE DATA RECORD (STD 204) ...................................................... 46

ATTACHMENT 11 – SAMPLE STANDARD AGREEMENT ................................................... 48

ATTACHMENT 12 - SCOPE OF WORK ................................................................................... 49

ATTACHMENT 13 – BUDGET DETAIL AND PAYMENT PROVISIONS ............................ 57

ATTACHMENT 14 – GENERAL TERMS AND CONDITIONS – GTC-610 .......................... 59

ATTACHMENT 15 - SPECIAL TERMS AND CONDITIONS ................................................. 63

ATTACHMENT 16 - SHARED PRINTERS……………………………………………………68

ATTACHMENT 17 – ADDITIONAL PROVISIONS…………………………………………..70

ATTACHMENT 18 - SCHEDULE OF RESTACK MOVES 2014-15…………………………71

ATTACHMENT 19 - COST SHEETS AND INSTRUCTIONS………………………………..72

ATTACHMENT 19a - COST SHEET FOR MOVING WSUs………………………………….74

ATTACHMENT 19b - COST SHEET FOR MANDATORY OPTIONALS…………………...75

ATTACHMENT 19c - TOTAL COST SHEET…………………………………………………76

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1. Purpose and Description of Services Background

The California Public Utilities Commission’s (CPUC) Headquarters at 505 Van Ness Avenue,

San Francisco, California 94102 is approximately 27 years old and still has its original

workstations, electrical wiring and communications cabling. These infrastructures are starting to

lack the ability or flexibility to support staff in efficiently conducting business, and the CPUC is

in the process of replacing them.

Since all of the electrical wiring and communications cabling are in floor channels, their

replacement requires that each floor be completely vacated for construction. For the displaced

employees, the CPUC has acquired 455 Golden Gate Avenue, 7th

Floor, San Francisco, CA 94102

as external swing space (ESS) and designated certain areas in the Headquarters as internal swing

space (ISS). The purpose of this IFB is to solicit bids from qualified vendors that will result in a

Standard Agreement (Agreement) to provide a full range of moving services for the CPUC’s

Restack Project. The Sample Standard Agreement is attached as IFB Attachment 11.

2. Scope of Work

The scope of work, in its entirety, is contained in IFB Attachment 12 - “Scope of Work.” Below

is an overview of the required services including, but not limited to:

Moving, transporting, and placing office furniture, equipment and related

supplies

Disconnecting, reconnecting, packing and unpacking electronic equipment

including but not limited to personal computers, scanners, fax machines, phones,

printers and copiers

Dismounting and remounting furniture (such as bookcases/bookshelves, file

cabinets, etc.) to walls and/or each other

Disassembling and reconfiguring modular furniture

Dismounting, remounting, and adjusting keyboard trays

Adjusting and troubleshooting desk and file drawers

Disassembly and reassembly of large desks

Moving miscellaneous items, such as safes

3. Term of Contract

The term of the Agreement will be for a 23-month period, from February 1, 2014 through December

31, 2015, with, at the CPUC’s option, one (1) one-year extension.

4. Maximum Bid

The maximum value of this contract will not exceed two-hundred and fifty thousand dollars

($250,000.00). Bidders cannot bid more than this amount.

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5. Bidders’ Questions and Answers

Bidders requiring clarification of the intent or content of this IFB or on procedural matters regarding

the competitive bid process may request clarification by submitting written questions via Bidsync at:

http://www.bidsync.com/

To ensure a response, questions must be posted in Bidsync by the scheduled date and time given in

the IFB Section 8.1, Key Action Dates. Questions that are not submitted through Bidsync will not be

answered. Questions received after the date and time indicated will only be answered by the CPUC as

time allows as solely determined by the CPUC, and therefore may remain unanswered.

Question and Answer sets will be provided to all potential bidders via posting on the website:

www.bidsync.com

without identifying the submitters. At the sole discretion of the CPUC, questions may be paraphrased

by the CPUC for clarity. Only questions and answers released through Bidsync shall be binding upon

bidders and the CPUC. Oral answers shall not be binding on the CPUC.

6. Bidder’s Responsibilities for the IFB

It is each Bidder’s responsibility to:

Carefully read the entire IFB, including all referenced web addresses,

regulations, orders and statutes cited in this IFB

Submit appropriate questions in writing through Bidsync by the submittal date

and time

Review Questions and Answer sets posted in Bidsync

Submit all required responses, completed to the best of the bidder’s ability, by

the required dates and times

Make sure that all procedures and requirements of the IFB are accurately

followed and appropriately addressed

Carefully reread the entire IFB before submitting a bid offer (Offer)

7. Bidder’s Minimum Qualifications

The CPUC is seeking experienced bidders with a successful track record. To this end, bidders must

meet the following minimum qualifications:

7.1. Experience

a. Bidders must have begun performing office moving services before January 1,

2009

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b. Bidders must have experience in moving, packing/unpacking,

connecting/disconnecting personal/laptop (PC) computers and printers/copiers

(Printers), adjusting and reconfiguring Modular Systems Furniture, and

providing miscellaneous services such as keyboard installations/adjustments

c. Bidders must be a Better Business Bureau accredited business with a rating of

B+ (plus) or better in the category of Moving and Storage Company

d. Bidders must have performed a minimum of two (2) moving services for

relocating two-hundred (200) or more personnel since January 1, 2010

7.2.Client References and Qualifications

Each bidder must provide four (4) references for office moving services performed within the past

three (3) years. More importantly, at least one (1) of these four (4) references must be from a

business for whom the bidder performed moving, packing/unpacking, and connecting/disconnecting

PCs and Printers, and at least two (2) of these four (4) references must be from businesses for whom

the bidder have provided moving services for relocating two-hundred (200) or more personnel.

The Customer Reference form, IFB Attachment 2, must be sent to and completed by the client.

Completed Customer Reference forms must be included with the Offer. It is the responsibility of

the bidder that each reference be verified for completeness before submission. Incomplete forms

shall not be considered. Bidder must verify completeness prior to submission.

To demonstrate that the bidder is responsible and has the resources to successfully provide the

services required by this IFB, references must be:

Rated Satisfied or Very Satisfied to be a qualifying reference

For work performed within California

For work performed by the bidder as prime contractor

Completed and signed by the bidder’s client

By furnishing client references, bidders give the CPUC permission to contact the named entities to

discuss past performance and use this information in the evaluation of information in the Customer

Reference forms.

7.3. Insurance Requirements

By submitting an Offer, the bidder confirms that it has read, understood and met the following

insurance requirements, and will provide the CPUC all required insurance certificates upon award of

the contract:

a. Contractor shall maintain general liability with limits of not less than

$1,000,000.00 per occurrence for bodily injury and property damage liability

combined and furnish to the State a certificate of insurance stating that this

coverage is presently in effect for the Contractor. The policy shall be in effect at

all times during the term of this contract. The policy shall include coverage for

liabilities arising out of premises, operations, independent contracts, products,

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completed operations, personal and advertising injury, and liability assumed

under an insured contract. This insurance shall apply separately to each insured

against whom claim is made or suit is brought subject to the Contractor’s limit of

liability.

b. This policy must include the CPUC as additional insured, but only insofar as the

operations under this contract are concerned, and must provide the additional

insurance language as follows: “The State of California, its officers, agents and

employees are included as additional insured, but only with respect to work

performed for the State of California under the contract.”

c. Contractor shall maintain statutory workers’ compensation and employer’s

liability coverage for all its employees who will be engaged in the performance

of the contract, including special coverage extensions where applicable.

Employer’s liability limits of $1,000,000.00 shall be required.

d. Contractor shall maintain motor vehicle liability with limits of not less than

$1,000,000.00 per accident. Such insurance shall cover liability arising out of a

motor vehicle including owned, hired, and non-owned motor vehicles.

e. Contractor shall maintain Motor Truck Cargo Insurance with limits of not less

than $750,000 minimum for aggregates.

f. Evidence of insurance shall meet the requirements specified in the Agreement

and shall be of a form and content acceptable to Department of General Services,

Office of Risk and Insurance Management (ORIM).

g. The certificate of insurance shall be issued by an insurance company, or be

provided through partial or total self-insurance, acceptable to DGS/ORIM.

h. All certificates of insurance shall clearly indicate the Agreement number and be

submitted to the CPUC as directed in IFB Section 12, Required Upon Award of

Agreement.

i. Contractor is responsible to notify the CPUC within five (5) business days of any

cancellation, non-renewal or material change that affects required insurance

coverage.

j. The certificate of insurance shall provide that the insurer shall not cancel the

insured’s coverage without thirty (30) days prior written notice to the CPUC.

k. In the event said insurance coverage lapses, expires, or is cancelled at any time

or times during the term of the Agreement, Contractor shall provide at least

thirty (30) days prior to said date a new certificate of insurance evidencing

insurance coverage as provided for herein for not less than the remainder of the

term of the Agreement, or for a period of not less than one (1) year. New

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certificates of insurance are subject to the approval of DGS/ORIM. Contractor

agrees that no work or services shall be performed prior to required approvals.

In the event Contractor fails to keep current and in effect at all times, insurance

coverage as herein provided, the CPUC may, in addition to any other remedies,

terminate the Agreement.

7.4. Government Restrictions

There must be no city and state restrictions against the bidder to do business in California.

7.5. Prevailing Wage Rates

This Agreement requires payment of prevailing wages as set by the Director of the Department of

Industrial Relations in the prevailing wage rate determination for the applicable and appropriate

classification for the work being performed, as set forth for each county.

7. 6. Overtime

No overtime shall be paid through this contract. All expenses shall be factored into the Offer in terms

of the rate for moving WSUs as well as the hourly rate for Mandatory Optionals according to the

schedules provided in this IFB, which may include nights and likely will include weekend work.

8. Bid Requirements and Information

The following subsections provide information and required components necessary to participate in

this IFB.

8.1. Key Action Dates

The following table identifies the key dates of this IFB process. Any Offer received after the Offer

Submission date and time will be rejected. Key action dates for events subsequent to Offer

Submission are subject to change at the CPUC’s discretion without issuing an addendum to this IFB.

Key Action Dates

Event Description Date & Time (Pacific Time)

1 Issuance of IFB August 19, 2013

2 Mandatory Walkthrough and Conference August 28, 2013 1:00 p.m.

3 Bidders Written Questions Deadline September 3, 2013 5:00 p.m.

4 CPUC’s Answers to Written Questions September 6, 2013 5:00 p.m.

5 Offer Submission Deadline September 16, 2013 3:00 p.m.

6 Completion of Compliance Check and

Evaluation of Bidder’s Qualifications

September 25, 2013

7 Notification of non-Responsive Offers to

Bidders o

September 26, 2013

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8 Opening of Bid-Cost October 4, 2013 10:00 a.m.

9 Notice of Intent to Award and Protest Period

Begins

October 7, 2013

10 Protest Period Ends October 14, 2013

11 Contract Award October 15, 2013

12 Contract Approved by DGS and Execution

Completed ed

January 15, 2014

8.2. Addenda

The CPUC may modify the IFB prior to the date fixed for the Offer Submission specified under the

Key Action Dates above. Addenda will be numbered consecutively. Only the latest version of the

IFB, as may be modified by any addenda, will be correct and valid IFB to which bidders must be

responsive.

8.3. Confidentiality

Offers are public record and bidders should be aware that marking a document “CONFIDENTIAL”

or “PROPRIETARY” will not keep the document from being released unless an order by a Court

specifically prevents its release by the CPUC.

The content of hardcopy and electronic work papers and correspondence disclosing any part of an

Offer will be held in the strictest confidence until the Notice of Intent to Award is posted. Any

disclosure of confidential information by a CPUC employee is a basis for disciplinary action,

including dismissal from CPUC employment, as provided by California Government Code § 19570 et

seq.

8.4. Mandatory Walkthrough and Conference

Below is the schedule for the Mandatory Walkthrough and Conference:

Mandatory Walkthrough and Conference Schedule

Event Time Date Location

Mandatory Walk-

through and

Conference

1:00 p.m. –

3:30 p.m.

August 28, 2013

(Wednesday)

Courtyard Room

505 Van Ness Avenue

San Francisco, CA 94102

All bidders are required to attend the Mandatory Walkthrough and Conference for the purposes of

inspecting items to be moved and locations of the items to be moved from and to. In the event a

prospective bidder is unable to attend the Mandatory Walkthrough and Conference, an authorized

representative may attend on its behalf. The representative may only sign-in for one (1) prospective

bidder. No Offer will be accepted unless the bidder or his authorized representative was in

attendance.

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The purpose of the Conference is to discuss concerns regarding this IFB. Since no verbal information

given will be binding upon the CPUC, bidders should follow up on their concerns in the Written

Questions Submittal as discussed in IFB Section 5 above.

8.5. Socioeconomic and Environmental Programs

The State of California has established specific socioeconomic procurement programs to increase

business opportunities to small business enterprise (SBE) and disabled veteran business enterprise

(DVBE) and businesses operating in economically distressed areas of the State including Target Area

Contract Preference Act (TACPA), the Local Agency Military Base Recovery Area Act (LAMBRA),

and/or the Enterprise Zone Act (EZA).

Comporting with State’s established statewide DVBE participation goal, the CPUC has established

that all bidders must comply with the minimum three percent (3%) DVBE program

participation requirement for this IFB.

Bidders are not required to participate in other (meaning other than the minimum three percent (3%)

DVBE, above) incentive or preference programs described herein. If a bidder elects to do so, the

bidder may receive preferences (in dollars) reducing the amount of their Bid-Cost for cost comparison

purpose only. The amount and application of these preference dollars are described in the program

descriptions, web addresses, and statutes referenced in this IFB. However, there are significant

limitations on the amount that can be applied by participation in these preference programs,

individually and in combination. In addition, an intended award to a DGS certified SBE cannot

be displaced as a result of the award of other incentive or preferences. Bidders are cautioned to

read and understand all of the DVBE and preference program requirements and how their

benefits are applied.

Links and references are provided throughout this IFB to DGS website information. This information

and all DGS website information are subject to the following DGS disclaimer, which is also available

via the “Disclaimer” link at the bottom of the DGS webpage

www.dgs.ca.gov.

DISCLAIMER

Disclaimer of Liability

The Department of General Services, including all individual offices, collectively referred to herein

as DGS, assumes no responsibility for anyone's improper or incorrect use of DGS homepage

information. In no event shall DGS be held liable on any theory of liability for damages or injury of

any type resulting from use of DGS's system or homepage information, even if advised of the

possibility of such damage or injury. This disclaimer of liability applies to all claims for damages or

injury, including, but not limited to: failure of performance, error, omission, interruption, deletion,

defect, delay in operation or transmission, computer virus, or unauthorized access to or alteration of

data, whether for breach of contract, tortious behavior, negligence or under any other cause of action.

Disclaimer of Warranties/Accuracy of Data/External Links/Duty to Continue

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Content on DGS's web pages is produced from sources believed to be reliable. No warranty expressed

or implied is made regarding: accuracy, adequacy, completeness, legality, reliability, merchantability,

fitness for a particular purpose, freedom from contamination by computer viruses, or usefulness of

any information. All warranties of any kind, express or implied, including, but not limited to, the

implied warranties of non-infringement of proprietary rights ARE DISCLAIMED.

DGS is not responsible for the contents of any off-site pages referenced from DGS's web pages. DGS

is not liable for the defamatory, offensive, or illegal conduct of other users, links, or third parties and

that the risk of damage or injury from the foregoing rests entirely with the user.

DGS, unless statutorily required, has no continuing obligation to provide information on its

homepages. Content that is free and publicly available may one day be eliminated, restricted, or

require a fee. The location of items may change as menus, homepages, and files are reorganized. DGS

does not warrant that the service will be uninterrupted or error free.

Disclaimer of Endorsement

DGS sometimes distributes data supplied by third parties. Any opinions, advice, statements, services,

offers, or other information or content expressed or made available by third parties, are those of the

respective author(s) or distributor(s) and not necessarily of DGS.

Reference herein to any specific commercial products, process, or service by trade name, trademark,

manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or preference

by DGS, and such reference shall not be used for advertising or product endorsement purposes.

Choice of Law

Construction of the disclaimers above and resolution of disputes thereof are governed by the laws of

the State of California.

8.5.1. Minimum 3% DVBE Program Participation Requirement

General information about DVBE requirements is available at the DGS Procurement Division

website at

http://www.dgs.ca.gov/pd/Programs/OSDS/GetCertified.aspx

General questions about the State’s DVBE programs may be directed to the DGS Procurement

Division’s Office of Small Business and Disabled Veteran Business Enterprise Services (OSDS) at

(916) 375-4940. Questions regarding the DVBE participation specific to this IFB should be directed

to the CPUC as instructed in IFB, Section 5, Bidders’ Questions and Answers.

The State has established goals for DVBE participation in State contracts. For this procurement,

the minimum DVBE participation goal that must be met by each bidder is three percent (3%)

of the bidder’s “Total Cost Sheet” (see IFB Attachment 19c).

Please read this entire requirement carefully, including its mandatory reporting requirements. Failure

to comply with the DVBE program requirement will cause your solicitation response to be deemed

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non-responsive and your firm’s Offer will be rejected. This 3% DVBE Program requirement is not

optional and must be met by all bidders.1

Bidders who claim DVBE participation but are later found to violate the DVBE program

requirements shall be subject to significant sanctions.2

If for this procurement the Contractor made a commitment to achieve DVBE participation, then the

Contractor must within 60 days of receiving final payment under this procurement (or within such

other time period as may be specified elsewhere in this procurement) certify in a report to the CPUC

all of the following:

The total amount the prime contractor received under the contract.

The name and address of the DVBE(s) that participated in the performance of

the contract.

The amount each DVBE received from the Contractor.

That all payments under the contract have been made to the DVBE(s).

The actual percentage of DVBE participation that was achieved.

A person or entity that knowingly provides false information shall be subject to a civil penalty for

each violation. (Military & Veterans Code (M&VC) § 999.5(d))

Contractor understands and agrees that should award of this Agreement be based in part on their

commitment to use the DVBE subcontractor(s) identified in their bid or offer, in accordance with

Military and Veterans Code 999.5 (e), a DVBE subcontractor may only be replaced by another

DVBE subcontractor and such replacement must be approved by the Department of General Services

(DGS). Changes to the scope of work that impact the DVBE subcontractor(s) identified in the bid or

offer and approved DVBE substitutions will be documented by contract amendment.

Failure of Contractor to seek substitution and adhere to the DVBE participation level identified in the

bid or offer may be cause for contract termination, recovery of damages under rights and remedies

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).

8.5.2. DVBE Required Forms with the Offer

Bidders must complete the appropriate information on the Bidder Declaration Form GSPD 05-105 to

claim DVBE participation. This form allows bidders to identify if they are a DVBE and/or to identify

DVBE subcontractors, their proposed contract function, and the corresponding percentage of

participation. The GSPD-05-105 form and its instructions are included in IFB Attachment 5. It can

also be found at the following link:

1 Note that a previously allowed “Good Faith Effort” is no longer a valid way of meeting this IFB’s DVBE participation

requirements, even though it may be referenced on some DGS web pages. 2 See www.dgs.ca.gov/pd/Programs/OSDS/firmviolations.aspx regarding violations.

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www.documents.dgs.ca.gov/pd/poliproc/MASTEr-BidDeclar08-09.pdf

A Disabled Veteran Business Enterprise Declarations (STD. 843) form must also be completed by

California-certified DVBE owners and managers of each DVBE firm that will be participating in the

awarded procurement document. The STD. 843 form is included in IFB Attachment 6. It can also be

found at the following link:

www.documents.dgs.ca.gov/pd/poliproc/STD-843FillPrintFields.pdf

All disabled veteran owners and disabled veteran managers of each participating DVBE must

sign a STD 843 form. When claiming any DVBE participation, the completed form(s) must be

submitted with the bidder’s Offer. Failure to provide the form(s) within the time frame

specified by the State may cause your bid to be rejected.

At the State’s option prior to award, bidders may be required to submit additional written

clarifying information. Failure to submit the requested written information as specified may be

grounds for rejection of bidder’s Offer.

8.5.3. Resources for Locating DVBEs

Bidders are strongly encouraged to not delay their preparation for meeting the DVBE participation

requirements, if they expect to be compliant in time for their Offer Submission.

Resources for locating DGS certified DVBEs for participation include, but are not necessarily limited

to:

DGS OSDS Communications and Outreach Section:

www.dgs.ca.gov/pd/Programs/OSDS/CommunicationsOutreach.aspx

DGS DVBE and Small Business search engine (contracted to Bidsync):

http://www.bidsync.com/DPXBisCASB

Listing of DVBE trade papers: www.documents.dgs.ca.gov/pd/smallbus/TradePaper.pdf

Listing of DVBE focus papers: www.documents.dgs.ca.gov/pd/smallbus/FocusPaper.pdf

List of local DVBE contacts:

www.documents.dgs.ca.gov/pd/smallbus/RefOrg.pdf

Calendar of DVBE events:

www.documents.dgs.ca.gov/pd/events/SBDVBEevents.doc

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8.5.4. Incentive and Preference Programs and Associated Preferences

Bidders are not required to participate in any of the incentive and preference programs described

herein (with the exception of the minimum three-percent (3%) DVBE referenced in Section 8.5.

on page 10). However, if a bidder elects to do so, the bidder may receive preferences, in dollars,

reducing the amount of its Bid-Cost for cost comparison purpose only, as described herein. For this

IFB, there is a cap of $100,000 that can be applied by participating in these programs. In

addition, an intended award to a DGS certified SBE cannot be displaced as a result of the awarded

cost adjustments from non-SBE small business, DVBE Incentive, TACPA, LAMBRA, and/or EZA.

Bidders are cautioned to read and understand all of the incentive and preference program

requirements and how cost adjustments are applied.

8.5.5. DVBE Incentive Program

In addition to the minimum three percent (3%) DVBE participation requirement, this IFB offers an

optional incentive for bidders that commit to achieving three and a half percent (3.50%) or more

DVBE participation as declared by the bidder on the Bidder Declaration GSPD-05-105 (IFB

Attachment 5) and confirmed by the State.

Under California Code of Regulations 1896.99.100, the California DVBE Incentive provides

responsive and responsible firms the opportunity to receive additional incentive calculations. The

incentive is applied at the time of solicitation evaluation when a proposing firm selects a California-

certified DVBE subcontractor to provide services or commodities in support of the overall contract

effort. Application of the DVBE Incentive may place the proposing firm in line for contract award.

The following are key elements of the DVBE Incentive Program:

The DVBE Incentive is applied during the evaluation process and is only applied to responsive bids

from responsible firms proposing the percentage of DVBE participation for the incentive specified in

this IFB.

For this IFB, the DVBE Incentive Percentages are:

Confirmed DVBE

participation of:

DVBE Incentive Percentage:

4.50% and above 2%

3.50% - 4.49% 1%

3.00% - 3.49% 0%

0.00% to 2.99% Non-Compliant (non-responsive bid)

The Incentive is calculated by multiplying the lowest responsive and responsible “Grand Total for

Restack Moving Services” from the “Total Cost Sheet” (Attachment 19c) by the DVBE Incentive

Percentage shown above. The incentive amount is then deducted from the bidder’s “Grand Total for

Restack Moving Services” on their “Total Cost Sheet” (Attachment 19c). This computation is for

15

evaluation purposes only and cannot be used to achieve any applicable minimum requirements. (CCR

1896.99.100)).

Services or commodities provided by the DVBE firm must meet the definition of a “Commercially

Useful Function” (CUF) as defined under Government Codes: 14837; 14838.6; 14839; 14842;

14842.5 and Military and Veterans Code 999 and 999.6, and discussed in IFB Section 8.5.7., below.

A DVBE firm not meeting CUF regulations will render the responding firm ineligible for the DVBE

Incentive application.

8.5.6. Small Business Preference

Small businesses are desired and encouraged to participate in this IFB. California Government Code

§ 14835, et seq. requires a preference of five percent (5%) of the lowest responsive bid be given to

bidders who are certified SBE. When applying program/incentive preferences, in which non-small

business bidders may be eligible, certified small business bidders have precedence over non-small

business bidders. The rules and regulations of this law, including the definition of small business for

the delivery of goods and services, are contained in California Code of Regulations, Title 2 Section

1896, et seq. Information about the Small Business preference program eligibility requirements and

benefits can be found at:

http://www.dgs.ca.gov/pd/Programs/OSDS/SBEligibilityBenefits.aspx

To claim a Small Business preference, the small business firm(s) must have its principal place of

business located in California, have a complete application (including proof of annual receipts) on file

with the State OSDS by 3:00 p.m. on the Offer Submission Deadline (Key Action Dates, IFB Section

8.1) and be verified by such office. Questions regarding the certification or the preference approval

process should be directed to the OSDS at (916) 375-4940.

Bidders who claim a Small Business preference but are later found to violate the Small Business

requirement shall be subject to significant sanctions.3

A copy of the regulations, instructions and format for claiming the small business preference is

available online at:

www.dgs.ca.gov/pd/Programs/OSDS/GetCertified.aspx

8.5.6.1. DGS Certified SBE

Bidders claiming a DGS certified SBE must include in their Offers a completed Small Business

Affidavit (Affidavit), IFB Attachment 8, and indicate their DGS small business certification number.

Bidders may also include a copy of their DGS small business certification with their Offers. Bidders

should be aware that dollar amounts must not be included in the Affidavit or any of the related

forms, as they may be cause for rejection of their Offers.

3 Additional information regarding violations available at: www.dgs.ca.gov/pd/Programs/OSDS/firmviolations.aspx

16

All Bidders claiming the five percent (5%) preference as a DGS certified SBE must also perform a

Commercially Useful Function as discussed in IFB Section 8.5.7., below.

8.5.6.2. Small Business Preferences for Non-Small Businesses

Government Code Section 14838(b)(1)(2) now provides for a non-small business preference.

Bidders, who use certified small business subcontractors for at least twenty-five percent (25%) of its

Grand Total, Bid-Cost, are eligible for a preference of five percent (5%) of the lowest responsive bid,

when competing against another non-small business. When applying bidder’s preferences, in which

non-small business bidders may be eligible, certified small business bidders have precedence over

non-small business bidders. The small business regulations are located at 2 CCR 1896.

Bidders that are not a DGS certified small business, but who are claiming a five percent (5%) small

business preference must also complete a Small Business Affidavit, indicate their subcontractor’s and

supplier’s DGS small business certification number, and attach a copy of their subcontractor’s and

supplier’s DGS small business certifications.

8.5.6.3. TACPA, LAMBRA and EZA Preference Programs

The state has established TACPA, LAMBRA and EZA programs designed to stimulate business and

employment in geographic areas determined to be economically distressed, with areas of high

unemployment. The DGS Procurement Division/Dispute Resolution/Preference Program Section

administers these programs and provides resource information about the programs. The Dispute

Resolution general number is (916) 375-4587. The DGS Preference Program information line is

(916) 375-4609. TACPA, LAMBRA and EZA bid evaluation preferences are available as described

below.

Target Area Contract Preference Act (TACPA)

Preference will be granted to California-based Contractors in accordance with California Government

Code Section 4530 et seq., whenever contract for goods and services are in excess of $100,000 and

the Contractor meets certain requirements as defined in the CCR (Title 2, Section 1896.30) regarding

labor needed to produce the goods or provide the services being procured. Bidders desiring to claim

Target Area Contract Preferences Act shall complete Std. Form 830 and submit it with the Bid. Refer

to the following website link to obtain the appropriate form with instructions:

www.documents.dgs.ca.gov/osp/pdf/std830.pdf

A bidder who has claimed a TACPA preference(s) and is awarded the contract will be obligated to

perform in accordance with the preference(s) requested, provided that the TACPA preference(s) was

granted in obtaining the contract.

If there is no intention of claiming this preference, the Bidder does not need to submit the STD Form

830.

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Bidders seeking the TACPA preference must complete and submit the required form and all

necessary attachments with their Bids.

Local Area Military Base Recovery Act (LAMBRA)

Local Agency Military Base Recovery Act (LAMBRA), Government Code section 7105 et seq.,

promotes employment and economic development at designated military bases by offering

preferences when bidding on State contracts in excess of $100,000. The firm must be California

based. Additional information can be found at:

http://www.hcd.ca.gov/fa/ez/lambra/

Bidders desiring to claim this preference must submit a fully executed copy of Std. Form 832 and any

required attachments with their Bids. Bidders proposing to perform the contract at a designated

LAMBRA worksite(s) are required to identify such site(s) on the Std. Form 832. Failure to identify a

site(s), which qualifies for LAMBRA, will result in denial of the claimed preferences. Refer to the

following website link to obtain the appropriate form with instructions:

www.documents.dgs.ca.gov/osp/pdf/std832.pdf

A bidder that has claimed a LAMBRA preference and is awarded the contract based on such

preference(s) will be obligated to perform the contract in accordance with the Act.

If there is no intention of claiming this preference, the Bidder does not need to submit STD Form

832.

Enterprise Zone Act (EZA)

California Government Code Section 7070, et seq., provides that California based companies may be

granted preferences when bidding on State contracts in excess of $100,000 for goods and services

(excluding construction contracts) if the business site is located within designated "Enterprise Zones"

(see Std. Form 831). Additional information can be found at:

http://www.hcd.ca.gov/fa/ez/EZ_Regulations.pdf

Bidders desiring to claim this preference must submit a fully executed copy of Std. Form 831 and all

necessary attachments with their Bids. Bidders proposing to perform the contract in a designated

enterprise zone are required to identify such site(s) on the Std. Form 831. Failure to identify a site(s)

which qualifies as an enterprise zone will result in denial of the claimed preferences. Refer to the

following website link to obtain the appropriate form with instructions:

www.documents.dgs.ca.gov/osp/pdf/std831.pdf

A bidder that has claimed an EZA preference and is awarded the contract based on such preference(s)

will be obligated to perform the contract in accordance with the Act.

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If there is no intention of claiming this preference, the Bidder does not need to submit the STD Form

831.

8.5.7. Commercially Useful Function

All contractors, subcontractors and suppliers claimed by bidders as either a DGS certified DVBE or a

SBE must perform a Commercially Useful Function. As stated in Chapter 623, Statutes of 2003

(Government Code Section 14837(d) (4)), a business performing a Commercially Useful Function is

one that does all of the following:

Is responsible for the execution of a distinct element of the work of the contract.

Carries out its obligation by actually performing, managing, or supervising the

work involved.

Performs work that is normal for its business, services and function.

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 through which funds are passed in order to obtain the appearance

of small business, micro business or DVBE participation.

8.5.8. DARFUR Contracting Act Certification

PCC §§ 10475 -10481 applies to any company that currently or within the previous three (3) years

has had business activities or other operations outside of the United States. For such a company to bid

on or submit a bid for a State of California contract, the company must certify that it is either a) not a

scrutinized company; or b) a scrutinized company that has been granted permission by DGS to submit

a bid.

9. Preparation and Submission of Offer

9.1 Offer Submission

All Offers must be submitted in a sealed cover and received by the CPUC no later than 3:00 p.m.

(Pacific Time) on September 16, 2013. The CPUC’s mailing address for this IFB is:

CPUC

Attn: Mark Ferrara

505 Van Ness Avenue, Room 2006

San Francisco, CA 94102

The sealed cover must be clearly marked with:

19

IFB – #13BS5009

Moving Services for CPUC Restack Project

Firm Name:

Firm Address:

DO NOT OPEN

If the Offer is made under a fictitious name or business title, the actual legal name of the bidder must

be provided.

Inside the sealed cover, there shall be 2 separate sealed envelopes. The first envelope shall include all

required information and attachments without any cost information as that may be cause for

rejection of the Offer. This envelope shall be clearly marked with:

IFB – #13BS5009

Envelope 1

Required Information and Attachments

Firm Name:

The second sealed envelope shall contain bidder’s Bid-Cost. This second envelope shall be clearly

marked with:

IFB – #13BS5009

Envelope 2

Bid-Cost

Firm Name:

DO NOT OPEN

Offers should be prepared in the least expensive method. Expensive bindings, color displays,

promotional materials, et cetera, are neither necessary nor desired. Bidders are encouraged to

concentrate on conformity with IFB instructions, responsiveness to IFB requirements and the clarity

and completeness of the bid’s content.

Bidders must submit the original and three (3) copies of each document and have them

separated according to instructions, above, and in Attachment 1.

The original must be marked "MASTER COPY." All documents contained in the original must have

original signatures and must be signed by a person who is authorized to bind the proposing firm. All

copies may contain photocopies of the original package.

20

If Offers are hand delivered, they must be addressed to the Contracts Official but delivered in care of

the CPUC Mail Room. The CPUC Mail Room is located on the first floor. Please be advised that the

CPUC Mail Room is closed from 12:00-13:00 daily and at 5:00 p.m. daily.

NOTE: Failure to deliver Offer by the Offer Submission deadline set forth in IFB Section 8.1,

Key Action Dates, will be cause for rejection of the Offer. It is the responsibility of bidders to

ensure their Offers arrive on time. The CPUC is not responsible for errors or delays caused by

delivery companies.

9.2 Deviation

Offers must be submitted for the performance of all the services described in this IFB. Any deviation

from the work specifications will not be considered and will cause the Offer to be rejected.

The State does not accept alternate contract language from a prospective contractor. Any Offer with

such language will be considered a counter bid and will be rejected. The State’s General Terms and

Conditions (GTC), Attachment 14, are not negotiable.

9.3 Rejection

Offer may be rejected if it is conditional or incomplete, or if it contains any alterations of form or

other irregularities of any kind. The State may reject any or all bids and may waive any immaterial

deviation in a bid. The State's waiver of immaterial deviation shall in no way modify this IFB

document or excuse bidder from full compliance with all requirements if awarded the agreement.

Offers containing false or misleading statements or which provide references not supporting an

attribute or circumstance cited by the bidder may be rejected. If, in the opinion of the CPUC, such

information was intended to mislead the CPUC in its evaluation of Offers, and the attribute, condition

or capability is a requirement of this IFB, it will be grounds for rejection.

Bid modifications offered in any other manner, oral or written, will not be considered. The CPUC

reserves the right to reject all bids for reasonable cause including cost. The agency is not required to

award an agreement.

9.4 Developing the Bid

Costs incurred for developing a bid and in anticipation of the award of the contract are entirely the

responsibility of the bidder and shall not be charged to the CPUC.

9.5 Withdrawal and Re-Submittal

A bidder may modify its Offer after submission by withdrawing its original Offer and resubmitting a

new Offer prior to the Offer Submission deadline set forth in IFB Section 8.1, Key Action Dates.

Any withdrawal of an Offer requires a written request to the CPUC, signed by the bidder or an

authorized agent. Any request for a partial withdrawal of an Offer will not be considered.

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9.6 Multiple Offers and Collusion

More than one Offer from an individual, firm, partnership, corporation or association under the same

or different names, will not be considered. Reasonable grounds for believing that any bidder has

submitted more than one Offer for the work contemplated herein will cause the rejection of all Offers

submitted by that bidder. If there is reason for believing collusion exists among bidders, none of the

participants in such collusion will be considered in this or future procurements.

9.7 Envelope 1 - Required Information and Attachments

Bidders must not include any cost information in any of the required information and attachments as

that may be cause for rejection of the Bid. The content of the envelope may include, but is not

limited to, the following items.

9.7.1 Offer Checklist, IFB Attachment 1

To assist bidders and the CPUC to verify completeness of Offers, bidders must include an Offer

Checklist, at IFB Attachment 1, and mark the box to indicate each item submitted.

9.7.2 Cover Letter

Each bidder must prepare, sign and submit a Cover Letter on the firm’s letter head. The cover letter

must include a Business Executive Summary, including but not limited to:

Mission Statement – identifying. the purpose of the business

Company Information – including when the business was formed, names of key

personnel and their roles, the number of employees, and business location(s),

etc.

Products/Services – describing the products or services the business provides

and areas of particular expertise or specialization, if any.

In addition, the Cover Letter must include the following statements confirming:

It has read, understood and agrees to all the terms and conditions of the IFB

without change.

It has been performing office moving services since January 1, 2009. (See IFB

Section 7.1.a)

It is a Better Business Bureau accredited company with a rating of B+ or better

in the category of Moving and Storage Company. (See IFB Section 7.1.c.)

It has read, understood and met the insurance requirements. (See IFB Section

7.3)

There are no city and state restrictions against the company to do business in

California. (See IFB Section 7.4)

It has attended the Mandatory Walkthrough and Conference (See IFB Section

8.4)

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It has read and understood the requirement of documents referenced in IFB

Section 12 and agreeing to execute these documents as instructed by the CPUC

upon award of the Agreement.

The Cover Letter must have an original signature by a person that can bind the

company contractually.

9.7.3 Customer Reference Forms, IFB Attachment 2

Bidders must include a minimum of four Customer Reference forms (IFB Attachment 2) signed by

their clients as discussed in IFB Section 7.2.

9.7.4 Conflict of Interest Statement, IFB Attachment 3

Bidders must submit a Conflict of Interest Statement (IFB Attachment 3) attesting that it does not

have any of the disqualifying situations described in IFB Attachment 9, section 3.A.

9.7.5 Bid/Bidder Certification Sheet, IFB Attachment 4

Bidders must submit a fully completed Bid/Bidder Certification Sheet (IFB Attachment 4) signed by

the individual who is authorized to bind the proposing firm contractually and indicate the title or

position that the individual holds in the firm. An unsigned bid may be rejected.

9.7.6 Bidder Declaration GSPD-05-105, IFB Attachment 5

Bidders must complete a Bidder Declaration DSPD-05-105 at IFB Attachment 5. Bidders must

identify all subcontractors and suppliers proposed for participation in the contract including: 1)

subcontractor or supplier name, 2) contact person, 3) mailing address, 4) phone number, fax number

and email address, 5) applicable DGS DVBE or preference programs certification number, 6)

description of the work to be performed and/or products supplied, and 7) and percentage (%) of the

Grand Total, Bid-Cost per subcontractor or supplier.

9.7.7 DVBE Declarations, IFB Attachment 6 (see Sections 8.5.2.-8.5.5.)

9.7.8 Darfur Contracting Act Certification, IFB Attachment 7, if applicable

Bidders must include the Darfur Contracting Act Certification if the requirements outlined in IFB

Section 8.5.8., apply.

9.7.9 Small Business Affidavit, IFB Attachment 8, if applicable (see Sections 8.5.6.-8.5.6.2.)

9.7.10 TACPA form and attachments, if applicable (see Section 8.5.6.3.)

9.7.11 LAMBRA Act Form and Attachments, if applicable (see Section 8.5.6.3.)

23

9.7.12 EZA form and Attachments, if applicable (see Section 8.5.6.3.)

9.8 Envelope 2 – Bid-Cost

Cost development shall be separate and distinct for the two cost sections and totaled in a third sheet,

“Total Cost Sheet” (Attachment 19c).

a. WSUs (Attachment 19a, “Cost Sheet for Moving WSUs”)

Cost development for the WSUs shall be priced on a per unit basis (column C on the “Cost

Sheet for Moving WSUs) for each group (column A on the “Cost Sheet for Moving WSUs)

moving within the phase. The number in column B, provided by the CPUC, shall be

multiplied by the contractor “Cost per WSU” (column C) for a sum dollar amount for the

“Cost of Moving Group” (column D).

The total for entries in Column D shall be entered in the box labeled “Total Cost of WSU

Moves – Sum of Column D Entries Both Pages.”

The “From” and “To” columns on the “Cost Sheet for Moving WSUs” indicate the origin and

destination locations. The pricing for each group shall include in the “Cost per WSU” any

fuel charges/surcharges, materials, or other costs. Billing shall be based on the actual number

of WSUs moved for each group and agreed upon by both Move Coordinators (CPUC and

Contractor) present on the day of the applicable move. The number of WSUs provided in the

“Cost Sheet for Moving WSUs” are the best estimates of the CPUC and have been increased

to allow for unforeseen circumstances. If for some unforeseen reason the actual number is

greater than that estimated on the sheet, Contractor shall charge at the stated rate (column C)

for the group to which the additional WSU(s) is/are assigned.

The “Cost Sheet for Moving WSUs” shall be completed in its entirety and included in

Envelope 2, Bid-Cost. See section 9.1 for submission details.

b. Mandatory Optionals (Attachment 19b, “Cost Sheet for Mandatory Optionals”)

Cost development for Mandatory Optionals are for services in addition to those identified as

WSUs and are as described in Attachment 12, section A.11. Mandatory Optionals cost

development shall be based on a “person hour” rate provided by the Contractor, shall be

inclusive to cover the cost of specialty workers (such as installers, drivers, movers, etc.) and

shall include any additional charges such as fuel charges/surcharges, truck(s), materials, and

any other applicable charges. The “Cost Sheet for Mandatory Optionals” shall be completed

and be based on a total of two-thousand (2,000) person hours performing the moving and

related services as described in Attachment 12, Scope of Work. To complete the cost sheet,

Contractor shall enter a “Cost per Hour” in column A of the sheet and multiply that number to

obtain the “Total Cost of Mandatory Optional Hours” and enter the number in column C of

the cost sheet.

The “Cost Sheet for Mandatory Optionals” shall be completed and included in Envelope

2, Bid-Cost. See section 9.1 for submission details.

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c. Total Cost Sheet (Attachment 19c)

The “Total Cost Sheet” shall be completed by filling in the amounts for moving WSUs from

Attachment 19a, “Cost Sheet for Moving WSUs” and Attachment 19b, “Cost Sheet for

Mandatory Optionals” and totaling in the row “Grand Total for Restack Moving Services.”

The “Total Cost Sheet” shall be completed and included in Envelope 2, Bid-Cost. See

section 9.1 for submission details.

d. In submitting the cost sheets (a, b, and c, above), bidders must adhere to the format of the

Attachments (19a, 19b, 19c) or use a copy thereof. For electronic copies of these Cost Sheets

which may be edited for cost entries, please request them through Mark Ferrara at:

mark.ferrara@cpuc.ca.gov

10. Evaluation and Selection

At the opening of the Required Information and Attachments, each submission will be checked for

completeness and the presence or absence of required information in conformance with the

submission requirements of this IFB. Failure to provide required information will result in rejection

of the Offer. Offers that contain false or misleading statements, or which provide references that do

not support an attribute or condition claimed by the bidder, will be rejected.

This is a primary IFB, thus the bidder achieves the lowest cost, after application of program

preferences will be named the winner. In applying the calculation preferences, first Small

Business preference will be applied, followed by the DVBE Incentive calculation. An intended

award to a DGS certified small business cannot be displaced as a result of the award of Non-Small

Business subcontracting with Small Businesses, DVBE Incentive, TACPA, LAMBRA and EZA

preferences.

10.1 Evaluation and Selection Example

In this example, there are four compliant bidders and below is a summary of their Offers:

Compliant Bidders Bidder A Bidder B Bidder C Bidder D

Certified SBE 5%

Non-SBE Claiming SBE preference

5%

DVBE Incentive

2%

TACPA, LAMBRA and EZA

$31,600

Grand Total, Bid-Cost $445,000 $440,000 $395,000 $375,000

Since $375,000 is the lowest responsive bid, the program preference is determined by multiplying the

program percentage and this bid amount ($375,000). The order of program application and

associated program preference are:

25

Order of

Application

Program

Preference

1st Certified Small Business

$18,750

2nd

Non-Small Business subcontracting with Certified

Small Businesses

$18,750

3rd

DVBE Incentive

$7,500

TACPA, LAMBRA and EZA Combined

$31,600

Evaluation of the Bid-Costs and selection of the winning bidder are demonstrated below.

Bidder A Bidder B Bidder C Bidder D

Step 1, Opening of Bid-Cost

Grand Total, Bid-Cost $445,000 $440,000 $395,000 $375,000

Step 2 – Application of SBE Preference ($18,750)

Revised Grand Total, Bid-Cost $426,250 $440,000 $395,000 $375,000

Step 3 – Application of non-SBE Preference ($18,750)

Revised Grand Total, Bid-Cost $426,250 $421,250 $395,000 $375,000

Step 4 – Application of DVBE & Other Pref ($31,600) ($7,500)

Revised Grand Total, Bid-Cost $426,250 $421,250 $363,400 $367,500

At Step 1, Bidder D has the lowest responsive bid which is shown in green, but Bidder A is a SBE

and SBE preference must be applied before selection. At Step 2, despite applying the SBE

preference Bidder A did not achieve the lowest bid. The evaluation then advanced to Step 3 because

Bidder B claimed non-SBE preference and when compared to non-SBE bids, non-small SBE must be

applied before selection. At Step 3, despite applying the non-SBE preference, Bidder B did not

achieve the lowest bid. The selection is finally advanced to Step 4 which identifies the winning

bidder, Bidder C, who has the lowest bid after application of program preferences.

10.2 Tie Bids

In the event of a precise tie between a certified small business and a non-small business

subcontracting with certified small business, the award will be made to the certified small business.

In the event of a precise tie between suppliers claiming the incentive, the bid of a small business and

the bid of a small business that is also a DVBE, the award shall go to the small business that is also a

DVBE. (Reference Chapter 3 and GC section 14838 (f) and 2 CCR section 1896.8(f)).

In the event of a tie after applying the selection process described above, a coin toss shall determine

the awarding of the contract. The affected bidders shall be invited to witness the event.

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11. Award and Protest

A “Notice of Intent to Award” will be posted in a public place at the CPUC’s headquarters, located at

505 Van Ness Avenue in San Francisco, on the date indicated in the Key Action Dates, and at least

five days prior to awarding the agreement. A copy of the Notice of Intent to Award shall also be

emailed to all bidders that submit an Offer.

If, within five (5) business days after the posting of the Intent to Award, a bidder files a written

protest on the grounds that according to the rules of the IFB the protesting bidder should have been

judged the responsive and compliant bidder with the lowest cost, the agreement shall not be awarded

until either the protest has been withdrawn or the State has rendered a decision on the matter. The

protesting bidder shall submit its protest to both the Department of General Services and the CPUC

with a detailed written statement specifying:

A detailed written statement of protest

The IFB Number

The name of the state agency involved

The name of the agency contact person

The written protests must be sent to:

A. Department of General Services

Office of Legal Services

Attention: Protest Coordinator

707 Third St., 7th

Floor, Suite 7-330

West Sacramento, CA. 95605

Fax (916) 376-5088

B. California Public Utilities Commission

Business Services

Attention: Mark Ferrara

505 Van Ness Ave.

San Francisco, CA. 94102

Protests may be sent by regular mail, facsimile, courier or personal delivery. It is recommended that

protests be submitted by certified or registered mail. Protestants should include their fax numbers, if

available.

Upon resolution of any protest(s), the contract will be awarded.

12. Required Upon Award of Agreement

By submitting an Offer the bidder agrees that it has read and understood the following referenced

documents, and hereby agrees to execute these documents as instructed by the CPUC upon Award of

the Agreement:

27

a. Standard Agreement – STD 213 (see IFB Attachments 12-15) including:

o Attachment 12 – Scope of Work

o Attachment 13 – Budget Detail and Payment Provisions

o Attachment 14 – General Terms and Conditions (GTC-610)

o Attachment 15 – Special Terms and Conditions

The Agreement shall not include any contract language that has not been

approved in advance in writing by the CPUC Contracts Office.

b. Insurance Certificates (see IFB Section 7.3) including:

o General Liability;

o Workers’ Compensation and Employer’s Liability Coverage;

o Motor Vehicle Liability; and

o Motor Truck Cargo.

c. Payee Data Record, see IFB Attachment 10

This document is to determine if the Contractor is subject to state income tax

withholding pursuant to California Revenue and Taxation Code Sections 18662

and 26131.

13. Disposition of Offers

Upon bid opening, all documents submitted in response to this IFB will become the property of the

State of California, and will be regarded as public records under the California Public Records Act

(Government Code Section 6250 et seq.) and subject to review by the public. The CPUC cannot

prevent the disclosure of public documents. However, the contents of all offers, correspondence,

agenda, memoranda, and working papers, or any other medium which discloses any aspect of

bidder’s Offer, shall be held in the strictest confidence until the notice of “Intent to Award” is

released to the public.

14. Agreement Execution and Performance

Service shall start not later than the express date set by the CPUC and the Contractor, after all

approvals have been obtained and the agreement is fully executed, including any approvals required

by the Department of General Services. Should the Contractor fail to commence work at the agreed

upon time, the awarding agency, upon five (5) days written notice to the Contractor, reserves the right

to terminate the agreement. In addition, the Contractor shall be liable to the State for the difference

between Contractor's Bid-Cost and the actual cost of performing work by another contractor.

All performance under the agreement shall be completed on or before the termination date of the

agreement unless otherwise specified in the agreement.

The CPUC does not accept alternate contract language from a prospective contractor. A bid with

such language will be considered a counter bid and may be rejected.

28

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

29

ATTACHMENT 1 – OFFER CHECKLIST

Completing and submitting a copy of this Offer Checklist is mandatory. It is intended to assist bidders

and the CPUC in verifying the completeness of Offers. Mark the box to indicate that each item has

been included with the offer. The Evaluation process will include verification that the specific

requirements in the applicable Section of the IFB have been met relative to this checklist.

IMPORTANT NOTICE TO BIDDER

The CPUC makes no warranty that this checklist is a full and comprehensive listing of all

requirements specified in the solicitation. Checking off the items on the checklist does not establish

your firm’s intent or constitute responsiveness to the requirements. The checklist is merely a tool to

assist the participating bidders in compiling their final bid response. Bidders are encouraged to

carefully read the entire solicitation.

The CPUC again emphasizes the need for each Bidder to verify all documentation and responses

prior to the submission of an Offer.

30

OFFER CHECKLIST

Envelope 1 – Required Information and Attachments

(include original and three copies of each document)

For CPUC Use Only

Offer Checklist

Cover Letter (See IFB Section 9.7.2)

Four (4) Customer References (See IFB Section 9.7.3 and IFB Attachment

2)

Conflict of Interest Statement (See IFB Section 9.7.4 and IFB

Attachments 3 and 9)

Bidder Certification Sheet (See IFB Section 9.7.5 and IFB Attachment 4)

Bidder Declaration – GSPD-05-105 (See IFB Section 9.7.6 and IFB

Attachment 5)

DVBE Declarations – STD 843 (See IFB Section 9.7.7 and IFB

Attachment 6)

Confirmed

Confirmed

Confirmed

Confirmed

Confirmed

Confirmed

Confirmed

Envelope 1 – Conditional Attachments (only if applicable to Offer)

(include original and three copies of each document)

Darfur Contracting Act Requirements (See IFB Sections 8.5.8. and 9.7.8

and IFB Attachment 7)

Small Business Affidavit (See IFB Section 9.7.9 and IFB Attachment 8)

TACPA form and attachments (IFB Section 9.7.10)

LAMBRA form and attachments (IFB Section 9.7.11.)

EZA form and attachments (IFB Section 9.7.12.)

Confirmed

Confirmed

Confirmed

Confirmed

Confirmed

Envelope 2 – Bid-Cost

(include original and three copies of each document (completed Attachments 19a, 19b and 19c))

Sealed and Clearly marked “Do Not Open” Confirmed

31

ATTACHMENT 2 – CUSTOMER REFERENCES

Note to bidder: Customer References using a copy of this form is mandatory. Failure to return the

required number of completed Customer References with your Offer will cause your Offer to be

rejected and deemed nonresponsive.

32

CUSTOMER REFERENCE BIDDER’S NAME:

Note to customer reference: the above identified bidder on the Invitation for Bid for Moving

Services for CPUC Restack Project (13BS5009) is giving you this Customer Reference form to

complete and verify your overall satisfaction of their contract performance for office moving services.

1. Customer Reference Company Name:

Contact Person:

Contact Address:

Telephone Number: ( ) Email Address:

2. Provide a brief description of the moving services provided:

3. Total Contract Amount: Year Completed:

4. Was the bidder the primary contractor? Yes: No:

5. Was the contract for relocating 200 or more personnel? Yes: No:

6. Did the contract involve moving, packing/unpacking, connecting/disconnecting of personal

computers and printers/copiers? Yes: No:

7. How do you rate the bidder’s overall performance in the categories below?

1 = Not Satisfied 2 = Satisfied 3 = Very Satisfied

(please initial next to one number per row)

A. Provided competent staff? 1_______2_______3_______

B. Arrived prepared and on time? 1_______2_______3_______

C. Handled items with appropriate care? 1_______2_______3_______

D. Cleaned-up properly at end of each job? 1_______2_______3______

E. Completed the job in timely manner? 1_______2_______3______

F. Provided correct and detailed invoices? 1_______2_______3______

CERTIFICATION: I hereby certify that I have made a diligent effort to ascertain the facts with regard

to the representations made herein and, to the best of my knowledge and belief all information is true

and accurate.

Print Name: Signature:

Title: Date:

33

ATTACHMENT 3 – CONFLICT OF INTEREST STATEMENT

BIDDER’S NAME:

Bidders need to be aware of prohibitions regarding current or former state employees and disclose any

disqualifying interests from the following provisions:

Current State Employees (Public Contract Code §10410):

1. No officer or employee shall engage in any employment, activity or enterprise from which the

officer or employee receives compensation or has a financial interest and which is sponsored or

funded by any state agency, unless the employment, activity or enterprise is required as a

condition of regular state employment.

2. No officer or employee shall contract on his or her own behalf as an independent contractor with

any state agency to provide goods or services.

Former State Employees (Public Contract Code §10411):

1. For the two-year period from the date he or she left state employment, no former state officer or

employee may enter into a contract in which he or she engaged in any of the negotiations,

transactions, planning, arrangements or any part of the decision-making process relevant to the

contract while employed in any capacity by any state agency.

2. For the twelve-month period from the date he or she left state employment, no former state

officer or employee may enter into a contract with any state agency if he or she was employed by

that state agency in a policy-making position in the same general subject area as the proposed

contract within the 12-month period prior to his or her leaving state service.

By submitting this Conflict of Interest Statement with its bid, the Bidder named below hereby attests

that:

1. It and its proposed team members including employees, subcontractor(s), and/or anyone

performing the scope of work indicated in Exhibit A, are compliance with Public Contract Code

§10410 and §10411, which applies to current and former State employees.

2. It will notify the Commission’s Contract Manager promptly of any potential conflict of interest,

including those of its employees, subcontractors, and/or anyone performing the scope of work

indicated in Attachment 12, Exhibit A, Scope of Work.

Print Name: Signature:

Title: Date:

34

ATTACHMENT 4 – BID/BIDDER CERTIFICATION SHEET

This Bidder Certification Sheet must be signed and returned along with all the "required attachments" as

an entire package. The master copy of the offer must bear an original signature on this page.

Bidder’s Certification:

I hereby certify that:

1. Our all-inclusive bid is submitted in conformance with Section 9, Preparation and Submission of

Offer of the Invitation for Bid, 13BS5009.

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

3. I have read and understand the California Disabled Veteran Business Enterprise (DVBE)

Participation Program requirements and have included documentation demonstrating that I have

met the participation goals.

4. The signature affixed hereon and dated certifies compliance with all the requirements of this bid

document. The signature below authorizes the verification of this certification. See next page for

instructions for completing this Bidder Certification Sheet.

An Unsigned Bid/Bidder Certification Sheet May Be Cause For Rejection

1. Company Name 2. Telephone Number 2a. Fax Number

( ) ( )

3. Address

Indicate your organization type:

4. Sole Proprietorship 5. Partnership 6. Corporation

Indicate the applicable employee and/or corporation number:

7. Federal Employee ID No. (FEIN)

8. California Corporation No.

9. Indicate applicable license and/or certification information:

10. Bidder’s Name (Print) 11. Title

12. Signature 13. Date

14. Are you certified with the Department of General Services, Office of Small Business Certification

and Resources (OSBCR) as:

a. California Small Business Enterprise

Yes No

If yes, enter certification number:

b. Disabled Veteran Business Enterprise Yes No

If yes, enter your service code below:

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:

35

Completion Instructions for Bid/Bidder Certification Sheet

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

Item Numbers Instructions

1, 2, 2a, 3 Must be completed. These items are self-explanatory.

4

Check if your firm is a sole proprietorship. A sole proprietorship is a form of

business in which one person owns all the assets of the business in contrast to a

partnership and corporation. The sole proprietor is solely liable for all the debts

of the business.

5

Check if your firm is a partnership. A partnership is a voluntary agreement

between two or more competent persons to place their money, effects, labor,

and skill, or some or all of them in lawful commerce or business, with the

understanding that there shall be a proportional sharing of the profits and losses

between them. An association of two or more persons to carry on, as co-

owners, a business for profit.

6

Check if your firm is a corporation. A corporation is an artificial person or

legal entity created by or under the authority of the laws of a state or nation,

composed, in some rare instances, of a single person and his successors, being

the incumbents of a particular office, but ordinarily consisting of an association

of numerous individuals.

7 Enter your federal employee tax identification number.

8

Enter your corporation number assigned by the California Secretary of State’s

Office. This information is used for checking if a corporation is in good

standing and qualified to conduct business in California.

9

Complete, if applicable, by indicating the type of license and/or certification

that your firm possesses and that is required for the type of services being

procured.

10,11,12, 13 Must be completed. These items are self-explanatory.

14

If certified as a California Small Business, place a check in the "yes" box, and

enter your certification number on the line. If certified as a Disabled Veterans

Business Enterprise, place a check in the "Yes" box and enter your service code

on the line. If you are not certified to one or both, place a check in the "No"

box. If your certification is pending, enter the date your application was

submitted to OSBCR.

36

ATTACHMENT 5 – BIDDER DECLARATION (GSPD-05-105)

All bidders must complete the Bidder Declaration GSPD-05-105 and include it with their bid.

When completing the declaration, Bidders must identify all subcontractors proposed for

participation in the contract. Bidders awarded a contract are contractually obligated to use the

subcontractors for the corresponding work identified unless the State agrees to a substitution and

it is incorporated by amendment to the contract.

At the CPUC’s option prior to award, bidders may be required to submit additional written

clarifying information. Failure to submit the requested written information as specified may be

grounds for bid rejection.

A copy of the Bidder Declaration GSPD-05-105 and its instructions, are provided on the next

two pages. Please read the instructions carefully. The form with its instructions is also available

in PDF format on the DGS website:

www.documents.dgs.ca.gov/pd/poliproc/MASTEr-BidDeclar08-09.pdf

37

38

39

ATTACHMENT 6 – DVBE DECLARATIONS (STD 843)

40

ATTACHMENT 7 – DARFUR CONTRACTING ACT CERTIFICATION

Public Contract Code Sections 10475 -10481 applies to any company that currently or within the previous

three years has had business activities or other operations outside of the United States. For such a

company to bid on or submit a bid for a State of California contract, the company must certify that it is

either a) not a scrutinized company; or b) a scrutinized company that has been granted permission by the

Department of General Services to submit a bid.

If your company has not, within the previous three years, had any business activities or other operations

outside of the United States, you do not need to complete this form.

OPTION #1 - CERTIFICATION

If your company, within the previous three years, has had business activities or other operations outside of

the United States, in order to be eligible to submit a bid or bids, please insert your company name and

Federal ID Number and complete the certification below.

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that a) the prospective

bidder/bidder named below is not a scrutinized company per Public Contract Code 10476; and b) I am

duly authorized to legally bind the prospective bidder/bidder named below. This certification is made

under the laws of the State of California.

Company/Vendor Name (Printed)

Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

Date Executed

Executed in the County and State of

OPTION #2 – WRITTEN PERMISSION FROM DGS

Pursuant to Public Contract Code section 10477(b), the Director of the Department of General Services

may permit a scrutinized company, on a case-by-case basis, to bid on or submit a bid for a contract with a

state agency for goods or services, if it is in the best interests of the state. If you are a scrutinized

company that has obtained written permission from the DGS to submit a bid or bid, complete the

information below.

We are a scrutinized company as defined in Public Contract

Code section 10476, but we have received written permission

from the Department of General Services to submit a bid or bid

pursuant to Public Contract Code section 10477(b). A copy of

the written permission from DGS is included with our

bid.Company /Vendor Name (Printed)

Federal ID Number

Initials of Submitter

Printed Name and Title of Person Initialing

41

ATTACHMENT 8 – SMALL BUSINESS AFFIDAVIT

A Bidder desiring to claim the Small Business Preference as described in IFB Sections 6.6.2.2,

6.6.2.3 and 7.1.8 must complete this form and return it with its Bid. All firms claimed as Small

Businesses must have their complete certification information submitted to the California

Department of General Services (DGS) by the date and time that Final Bids are due.

1. Are you claiming preference as a DGS certified Small Business?

Yes No

If “Yes” submit your DGS Small Business certification number:

2. Are you a non-small business claiming small business preference by committing to at

least 25% DGS certified Small Business subcontractor and/or supplier participation?

Yes No

If “Yes” on Attachment 5: Bidder Declaration (GSPD-05-105), for each DGS certified Small

Business subcontractor or supplier, identify:

1) Subcontractor or supplier name

2) Contact person

3) Mailing address

4) Phone number, fax number and email address

5) DGS Small Business certification number

6) Description of the work to be performed and/or products

3. Please attach a copy of the DGS certifications for each and every DGS certified Small

businesses claimed above

Yes No

42

ATTACHMENT 9 - CONTRACTOR CERTIFICATION CLAUSES (CCC-307)

1. CERTIFICATION

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized

to legally bind the prospective Contractor to the clause(s) listed below. This certification is made

under the laws of the State of California.

Contractor/Bidder Firm Name (Printed)

Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

Date Executed Executed in the County of

2. CONTRACTOR CERTIFICATION CLAUSES

A. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the

nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section

8103) (Not applicable to public entities.)

B. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements

of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the

following actions:

a. Publish a statement notifying employees that unlawful manufacture, distribution,

dispensation, possession or use of a controlled substance is prohibited and specifying actions

to be taken against employees for violations.

b. Establish a Drug-Free Awareness Program to inform employees about:

i. the dangers of drug abuse in the workplace;

ii. the person's or organization's policy of maintaining a drug-free workplace;

iii. any available counseling, rehabilitation and employee assistance programs; and,

iv. penalties that may be imposed upon employees for drug abuse violations.

c. Every employee who works on the proposed Agreement will:

i. receive a copy of the company's drug-free workplace policy statement; and,

ii. agree to abide by the terms of the company's statement as a condition of employment on

the Agreement.

Failure to comply with these requirements may result in suspension of payments under the

Agreement or termination of the Agreement or both and Contractor may be ineligible for award

of any future State agreements if the department determines that any of the following has

occurred: the Contractor has made false certification, or violated the certification by failing to

carry out the requirements as noted above. (Gov. Code §8350 et seq.)

C. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no

more than one (1) final unappealable finding of contempt of court by a Federal court has been

issued against Contractor within the immediately preceding two-year period because of

43

Contractor's failure to comply with an order of a Federal court, which orders Contractor to

comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not

applicable to public entities.)

D. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT:

Contractor hereby certifies that contractor will comply with the requirements of Section 6072 of

the Business and Professions Code, effective January 1, 2003.

Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono

legal services during each year of the contract equal to the lesser of 30 multiplied by the number

of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an

actual day basis for any contract period of less than a full year or 10% of its contract with the

State.

Failure to make a good faith effort may be cause for non-renewal of a state contract for legal

services, and may be taken into account when determining the award of future contracts with the

State for legal services.

E. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate

corporation or subsidiary of an expatriate corporation within the meaning of Public Contract

Code Section 10286 and 10286.1, and is eligible to contract with the State of California.

F. SWEATFREE CODE OF CONDUCT:

a. All Contractors contracting for the procurement or laundering of apparel, garments or

corresponding accessories, or the procurement of equipment, materials, or supplies, other

than procurement related to a public works contract, declare under penalty of perjury that no

apparel, garments or corresponding accessories, equipment, materials, or supplies furnished

to the state pursuant to the contract have been laundered or produced in whole or in part by

sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive

forms of child labor or exploitation of children in sweatshop labor, or with the benefit of

sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive

forms of child labor or exploitation of children in sweatshop labor. The contractor further

declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set

forth on the California Department of Industrial Relations website located at www.dir.ca.gov,

and Public Contract Code Section 6108.

b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s

records, documents, agents or employees, or premises if reasonably required by authorized

officials of the contracting agency, the Department of Industrial Relations, or the Department

of Justice to determine the contractor’s compliance with the requirements under paragraph

(a).

G. DOMESTIC PARTNERS: For contracts over $100,000 executed or amended after January 1,

2007, the contractor certifies that contractor is in compliance with Public Contract Code section

10295.3.

3. DOING BUSINESS WITH THE STATE OF CALIFORNIA

44

The following laws apply to persons or entities doing business with the State of California.

A. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions

regarding current or former state employees. If Contractor has any questions on the status of any

person rendering services or involved with the Agreement, the awarding agency must be

contacted immediately for clarification.

a. Current State Employees (Pub. Contract Code §10410):

i. No officer or employee shall engage in any employment, activity or enterprise from

which the officer or employee receives compensation or has a financial interest and

which is sponsored or funded by any state agency, unless the employment, activity or

enterprise is required as a condition of regular state employment.

ii. No officer or employee shall contract on his or her own behalf as an independent

contractor with any state agency to provide goods or services.

b. Former State Employees (Pub. Contract Code §10411):

i. For the two-year period from the date he or she left state employment, no former state

officer or employee may enter into a contract in which he or she engaged in any of the

negotiations, transactions, planning, arrangements or any part of the decision-making

process relevant to the contract while employed in any capacity by any state agency.

ii. For the twelve-month period from the date he or she left state employment, no former

state officer or employee may enter into a contract with any state agency if he or she was

employed by that state agency in a policy-making position in the same general subject

area as the proposed contract within the 12-month period prior to his or her leaving state

service.

If Contractor violates any provisions of above paragraphs, such action by Contractor shall render

this Agreement void. (Pub. Contract Code §10420)

Members of boards and commissions are exempt from this section if they do not receive

payment other than payment of each meeting of the board or commission, payment for

preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))

B. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions

which require every employer to be insured against liability for Worker's Compensation or to

undertake self-insurance in accordance with the provisions, and Contractor affirms to comply

with such provisions before commencing the performance of the work of this Agreement. (Labor

Code Section 3700)

C. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with

the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis

of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42

U.S.C. 12101 et seq.)

D. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name

as listed on this Agreement. Upon receipt of legal documentation of the name change the State

will process the amendment. Payment of invoices presented with a new name cannot be paid

prior to approval of said amendment.

45

E. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:

a. When agreements are to be performed in the state by corporations, the contracting agencies

will be verifying that the contractor is currently qualified to do business in California in order

to ensure that all obligations due to the state are fulfilled.

b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction

for the purpose of financial or pecuniary gain or profit. Although there are some statutory

exceptions to taxation, rarely will a corporate contractor performing within the state not be

subject to the franchise tax.

c. c. Both domestic and foreign corporations (those incorporated outside of California) must be

in good standing in order to be qualified to do business in California. Agencies will

determine whether a corporation is in good standing by calling the Office of the Secretary of

State.

F. RESOLUTION: A county, city, district, or other local public body must provide the State with a

copy of a resolution, order, motion, or ordinance of the local governing body which by law has

authority to enter into an agreement, authorizing execution of the agreement.

G. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be:

(1) in violation of any order or resolution not subject to review promulgated by the State Air

Resources Board or an air pollution control district; (2) subject to cease and desist order not

subject to review issued pursuant to Section 13301 of the Water Code for violation of waste

discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of

provisions of federal law relating to air or water pollution.

H. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors

that are not another state agency or other governmental entity.

46

ATTACHMENT 10 – PAYEE DATA RECORD (STD 204)

47

48

ATTACHMENT 11 – SAMPLE STANDARD AGREEMENT

STD 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 through Agreement is: 3. The maximum

amount

$

of this Agreement is: 4. The parties agree to comply with the terms and conditions of the following exhibits which are by

this reference made a part of the Agreement.

Exhibit A – Scope of Work page(s) Exhibit B – Budget Detail and Payment Provisions page(s)

Exhibit C* – General Terms and Conditions

Check mark one item below as Exhibit D:

Exhibit - D Special Terms and Conditions (Attached hereto as part of

this agreement)

page(s)

Exhibit - D* Special Terms and Conditions

Exhibit E – Additional Provisions page(s) 1.1.1.1.1.1.1.1.1 Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this

agreement as if attached hereto.

These documents can be viewed at www.ols.dgs.ca.gov/Standard+Language

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

CONTRACTOR California Department of

General Services Use

Only

CONTRACTOR’S NAME (if other than an individual, state whether

a corporation, partnership, etc.)

BY (Authorized Signature)

DATE

SIGNED(Do not

type) PRINTED NAME AND TITLE OF PERSON SIGNING

ADDRESS STATE OF CALIFORNIA

AGENCY NAME BY (Authorized Signature)

DATE

SIGNED(Do not

type) PRINTED NAME AND TITLE OF PERSON SIGNING

Exempt

per:

ADDRESS

49

ATTACHMENT 12 - SCOPE OF WORK

This section contains requirements that define the Contractor’s and the California Public Utilities

Commission’s (CPUC) responsibilities. The Contractor shall provide all necessary resources

required to successfully perform under this contract.

A. DEFINITIONS

1. CPUC Headquarters (HQ) – Its address is 505 Van Ness Avenue, San Francisco, CA 94102.

2. Divisions of the CPUC include: Administrative Services (AS), Administrative Law Judge

Division (ALJ), Communications Division (CD), Safety and Enforcement Division (SED),

Consumer Services and Information Division (CSID), Division of Ratepayer Advocates

(DRA), Division of Water and Audits (DWA), Energy Division (ED or Energy), Executive

Division (Exec), Legal Division (LD or Legal), and Policy and Planning Division (PPD).

3. Construction – The CPUC is replacing its outdated modular workstations, and electrical and

data cabling. These construction works are managed and overseen by Department of General

Services (DGS), and are scheduled to take place from September 2013 through May 2015.

4. Internal Swing Space (ISS) – To facilitate construction, the CPUC has designated part of the

2nd

Floor and part of the 4th

Floor in the CPUC Headquarters as ISS.

5. External Swing Space (ESS) – To facilitate construction, the CPUC also acquired 455

Golden Gate Avenue, 7th

Floor, San Francisco, CA 94102 as ESS. Also identified as

“455GG.”

6. Services to and from ISS – They include services to be performed within the Headquarters

including moving items from one floor to another floor.

7. Services to and from ESS – They include services to be performed at the Headquarters and

ESS, including transportation of items from one of these locations to the other.

8. Displaced Employees – employees who are moving from their current locations to ISS or

ESS while their workspaces are undergoing construction and returning to their permanent

workspaces after construction is completed.

9. Workspace – It is a workstation or an office where an employee works.

10. Work Station Unit (WSU) – Each displaced employee has a corresponding WSU to be

moved. A WSU consists of:

Three (3) plastic crates, each of which is of three (3) cubic foot capacity, and contents

A plastic crate dolly

Four (4) file boxes with dimensions of 12” x 10” x 15” and contents

Two (2) chairs

50

Two (2) wastebaskets

One (1) personal/laptop computers (PC) including a monitor of 27” or less, a docking

station, a central processing unit, a keyboard, a mouse or track ball/pad, cables and power

cord and surge protector(s)

One (1) telephone, with or without a headset, and cable and power cord

All Personal Electronics, which may consist of personal use scanner, fax machine,

additional monitor, etc.

11. Mandatory Optionals – The CPUC will have a variety of items to move in addition to the

defined Work Station Units. These items may include but not be limited to:

Additional File Boxes

Vertical File Cabinets (empty or full)

Office Furniture

Shared Printers of varying size (see Attachment 16)

Televisions

Ergonomic Equipment

Shelving units of varying sizes

Two large safes

Other items, as specified

12. Ergonomic Equipment – The CPUC has provided ergonomic equipment to a number of

employees. Sample pictures of this equipment are included in Attachment 17. This

ergonomic equipment shall be uninstalled, moved, and reinstalled according to CPUC

direction by qualified Contractor personnel.

13. Disassemble and Reconfigure Modular Workstations – Approximately four (4) Modular

Systems Furniture (MSF) must be disassembled and reassembled in another location as a

term of the contract. Additionally, approximately six (6) MSF cubicles must be disassembled

at 455GG and transported to HQ and replaced with reassembled MSF currently stored at HQ.

Contractor shall be responsible for this work. Hours shall be subtracted from Mandatory

Optional hours specified in contract on a person-hour for person-hour basis.

14. Stipulation – All moving jobs to and from ISS and to and from ESS are to start no earlier

than 12:01 Friday and to be completed no later than 23:59 Sunday. For moving jobs to and

from ESS, they also include the stipulation that access into ESS cannot occur before 6:00

p.m. on Friday.

B. OFFICE MOVING SERVICES

This Statement of Work (SOW) gives an overview of Office Moving Services to be provided by the

Contractor. These services include but are not limited to:

Moving, transporting, and placing office furniture, equipment and related

supplies

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Disconnecting, reconnecting, packing and unpacking electronic equipment

including but not limited to personal computers, scanners, fax machines,

phones, printers and copiers

Dismounting and remounting furniture (such as bookcases/bookshelves, file

cabinets, etc.) to walls and/or each other

Disassembling and reconfiguring modular furniture

Dismounting, remounting, and adjusting keyboard trays

Adjusting and troubleshooting desk and file drawers

Disassembly and reassembly of large desks

Moving miscellaneous items, such as safes

C. PERIOD OF PERFORMANCE

The term of the Agreement will be for a 23-month period, from February 1, 2014 through December

31, 2015, with, at the CPUC’s option, one (1) one-year extension.

D. CONTRACT MANAGERS AND MOVING COORDINATORS

The role of a contract manager is to manage all contractual obligations, contract modifications,

discrepancies and other issues associated with the contract. The contract manager also acts as the

single point of contact and is responsible for resource coordination, issues resolution and issues

escalation. The Contract Manager for the CPUC (CM-CPUC) and the Contract Manger for the

Contractor (CM-Contractor) are:

CM-CPUC CM-Contractor

Contract Manager Scott Finger,

Email Address scott.finger@cpuc.ca.gov

Telephone Number 415-703-1641

Address 505 Van Ness Avenue

San Francisco, CA 94102

The Contractor shall also provide a Moving coordinator (MC-Contractor) to direct the work crew

and assist in the work activities to ensure each job is completed in an efficient, safe and professional

manner. The CPUC shall also provide a Moving coordinator (MC-CPUC) to coordinate moving

efforts with the MC-Contractor. They are the key contacts for their respective parties for each job

including emergencies. The MC-CPUC and MC-Contractor are:

MC-CPUC MC-Contractor

Moving Coordinator Mark Ferrara

Email Address mark.ferrara@cpuc.ca.gov

Telephone Number 415-703-5886

Cell Phone Number 415-595-2111

Address 505 Van Ness Avenue

San Francisco, CA 94102

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The Contractor or the CPUC may change its designated contract manager and/or moving

coordinator. However, when such change occurs, the changing party’s contractor manager must

notify, by email, the other party’s contract manager within one (1) business day.

E. SERVICES AND REQUIREMENTS

The CPUC has identified nine (9) different phases requiring Office Moving Services as specified in

the “Schedule of Restack Moves 2014-15” (Attachment 18). Phases one (1) through four (4), five

(5) through seven (7) and eight (8) to nine (9) will be interspersed with phases of construction.

Additional Office Moving Services will likely be necessary after the ninth move phase for the

purpose of returning the property at 455 Golden Gate Ave. to pre-occupancy condition as well as

any additional needs at 505 Van Ness Ave.

The activity and the scheduled time for each job are tentative and are subject to change. The

numbers of WSUs to be moved for each phase are estimates, and therefore are subject to change.

The MC-CPUC shall provide a notification by email no less than ten (10) business days in advance,

to the MC-Contractor of any changes in activity and/or schedule of the upcoming phase.

The CPUC and Contractor shall hold a move coordination meeting during normal business hours of

the week preceding the scheduled move at a mutually agreed upon time at CPUC HQ. The MC-

CPUC shall coordinate the location and time. The purpose of the move coordination meeting is to

identify the number of WSUs being moved and handle all logistical and special needs for the

upcoming move. Both parties shall attempt to hold such meetings on Tuesday of the week prior to

the scheduled move.

1. Services

For all services covered under this IFB, the Contractor shall:

a. Provide adequate labor, equipment and materials enabling the job to be performed in an

efficient, safe and professional manner including, but not limited to:

Provide the type of vehicle applicable to the items to be moved (e.g., bobtail, semi-

trailer, low-boy, etc.)

Supply vehicles in good working condition and in compliance with all federal, state,

and local laws and regulations for operation

Provide personnel that are properly licensed, insured and experienced to perform their

tasks

Provide all labels

Provide all necessary equipment to move, transport, and place office equipment,

furniture, WSUs and supplies with all steps necessary to prevent damage from

occurring to all buildings, grounds and properties, for example:

o Sufficient bubble wrapping and padding of equipment and furniture

o Padding of elevators

o Sufficient padding to hand trucks, etc., to prevent damage to copiers/printers and

other equipment

o Covering of all flooring (carpet, tile, etc.) to prevent damage

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b. Adhere to the schedules specified by the CPUC

c. Adhere to the timeframe specified below:

Jobs to and from ISS shall begin any time after 12:01 on Friday and must completed

by 23:59 on Sunday.

Jobs to and from ESS shall begin any time after 12:01 on Friday and must completed

by 23:59 Sunday and include the stipulation that access into ESS cannot occur

before 6:00 p.m. on Friday.

For each service, the MC-Contractor must coordinate with MC-CPUC, by email one

(1) business day in advance, the start time and the estimated end time of the job.

2. Work Station Units (WSUs)

Each displaced employee has a corresponding WSU to be moved. The Contractor is responsible

for moving the WSUs to and from ISS or to and from ESS, and delivering the WSUs to

workspaces as designated by the CPUC. In order to keep individual parts of each WSU

together, the CPUC strongly suggests using large moving boxes on wheeled conveyances for

moving WSU items other than the crates and file boxes. While strongly suggested, the CPUC

will leave to the Contractor’s expertise how they will accomplish the requirements in the Scope

of Work.

For each WSU, CPUC is responsible for:

Providing the file boxes necessary for packing.

Packing, securing, unpacking, and labeling of plastic crates, plastic dollies, and file

boxes

Packing and labeling of wastebaskets to be moved

The Contractor is responsible for:

Providing labels in advance of each scheduled move

Providing (including delivery and pick-up) plastic crates (3) and dolly (1) for each

corresponding WSU and of size specified in this Scope of Work, section A.10.

Delivery and pickup shall be to building and floor and in quantities specified by MC-

CPUC or designee. Delivery and pickup schedule shall generally be for delivery on

the Monday prior to the scheduled move (as specified in the “Cost Sheet for Moving

WSUs”, Attachment 19a) and pick-up on the following Friday (roughly 12 days).

Note that attachments 18 and 19a are tentative dates and subject to change in

adherence to scheduling as specified in section E, “Services and Requirements”,

above.

Providing movers who are trained and specialized in packing, loading, and hauling

electronics

Providing all necessary supplies and materials for the packing of PCs, phones and any

Personal Electronics

Disconnecting and packing PCs, phones, and Personal Electronics for the moves

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Transporting PCs, phones, and Personal Electronics to locations designated by the

CPUC

Unpacking and reconnecting PCs, phones, and Personal Electronics and ensuring they

are powered on properly

Removing packing materials, rubbish and debris after reconnection

Reporting to the MC-CPUC for any PCs and/or Personal Electronics not powering on

properly, within one (1) business day after each job is completed

Taking necessary measures and provide required supplies and materials to ensure

chairs are property protected from damage during moves

3. MANDATORY OPTIONALS

Mandatory Optionals shall be performed by Contractor as directed by the CPUC and shall have

two (2) primary formats:

a. Items moved the same day as the scheduled WSUs

For each scheduled move for Phases one (1) through nine (9), Contractor shall move all of

the identified WSUs as specified in Attachment 19a and previously verified at the move

coordination meeting. These quantities and associated cost (cost specified in bid) shall all be

completed and MC- Contractor and MC-CPUC shall both begin monitoring time spent

moving Mandatory Optional items. Aggregate person-hours shall be calculated and

subtracted from the contract Mandatory Optional hours. This shall be a distinct accounting

of time separate from the time spent moving WSUs.

b. Items moved on another day as scheduled at the request of the MC-CPUC

As necessary, the MC-CPUC will request Contractor to provide a specified number of

personnel for miscellaneous moves of Mandatory Optional items, as detailed in A.11.,

above. MC-CPUC shall specify at time of request for services as to the need for a truck(s)

and other specialized equipment. General moving equipment such as four-wheelers, hand

trucks, packing materials, padding, and floor/wall protection shall be assumed to be part of

the necessary equipment to complete the work.

On an hour-for-hour basis, Contractor shall subtract Mandatory Optional hours from the total

specified in the contract and provide all paperwork associated with said work. Time sheets detailing

hours worked shall be provided at the completion of each day.

4. Ergonomic Equipment

The CPUC has a number of ergonomic equipment to be moved under the Mandatory Optionals

hours. Sample pictures of this equipment are included in Attachment 17. The Contractor is

responsible for dismounting, packing, delivering and remounting this ergonomic equipment to the

workstations or desks as directed by the CPUC.

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5. Disassembling and Reconfiguring Modular Work

The CPUC will need to have existing modular furniture disassembled and either reassembled in a

specified location or delivered to a specified location for further disposition. Haworth and PIA are

the manufacturers of the workstations. The Contractor must provide experienced movers that are

able to disassemble and reinstall these workstations. As this work falls under the Mandatory

Optionals, the accounting for and charging of hours shall be as specified in 3.b., above.

6. OTHER RESPONSIBILITIES

The CPUC is responsible for:

a. Reserving ESS’s loading dock and freight elevator with the ESS building manager

b. Reserving ISS’s loading dock and freight elevator with the ISS building manager

c. Having at least one (1) guardian at each location for the entire duration of the job

d. Powering off all PCs, Personal Electronics, and Shared Printers

e. Removing toner and ink cartridge from printers/copiers, if required by the manufacturers

The contractor is responsible for:

a. Obtaining all necessary clearances or permits that may be required for parking and

unloading

b. Restricting workers from wondering to other areas at the ISS and ESS that are outside of

the scope of the move

7. VALUATION OF ARTICLES

The Contractor’s rates shall include full replacement value protection against possible loss or

damage while property is under the protection of the Contractor as well as for damage to any fixed

property referenced in the contract. Contractor shall be responsible for the satisfactory repair, or

replacement (at the option of the CPUC) of any CPUC property that is lost, damaged or stolen while

in Contractor’s custody and for the satisfactory repair of any damage to buildings or grounds.

8. CLAIM FOR LOSS OR DAMAGED PROPERTIES

If the CPUC has determined that damage or loss to property has occurred, the CPUC shall notify the

Contractor by:

1. Sending a written notice to the CM-Contractor describing the loss or damage.

2. Listing each of the damaged articles.

3. Including the valuation for each item.

4. Providing the date of move, origin and destination.

5. Storing any damaged packing material or other evidence of damage.

6. Retaining copies of all receipts, correspondence, repair estimates, etc.

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Claims should be filed within thirty (30) days after delivery or after loss has been reasonably

established. Contractor shall acknowledge claim in writing within thirty (30) days, and commit to

action within sixty (60) days from the day of the CPUC’s claim (i.e. pay, identify a compromise or

decline to pay).

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ATTACHMENT 13 – BUDGET DETAIL AND PAYMENT PROVISIONS

1. Funding

The procurement for the Moving Services for CPUC Restack Project, 13BS5009, is entirely

funded by the Public Utilities Commission Utilities Reimbursement Account, item 8600-001-

0462, in the State’s Annual Budget.

2. Invoicing and Payment

A. For services satisfactorily rendered, and upon receipt and approval of the invoices, the CPUC

agrees to compensate the Contractor for actual expenditures incurred in accordance with the

rates specified in the Cost Bid, which is attached hereto and made an integral part of this

Exhibit.

B. Compensation

As compensation for the satisfactory completion of the services as specified in Attachment

12, Contractor shall be entitled to a sum not to exceed the agreed upon contract amount by

both CPUC and Contractor unless the amount is increased by amendment hereto as provided

in Attachment 14. Payments not to exceed this total sum shall be made as set forth in the

approved cost sheets (Attachments 19a, 19b, and 19c). Billing rates shall be as specified in

the cost sheets and made an integral part of the contract.

C. Invoices

Invoices shall include the Agreement Number and shall be signed and submitted in

quadruplicate (including original invoice) not more frequently than monthly in arrears to:

California Public Utilities Commission

Contracts Office, Room 2005

505 Van Ness Avenue

San Francisco, CA 94102

Each invoice shall be supported by Inventory List(s) for Mandatory Services and/or

Inventory List(s) for Mandatory Opitonals signed by both the MC-CPUC and MC-

Contractor.

Said invoices will be subject to verification and approval by the CPUC’s Contract Manager,

and shall include the name, address, contract number and Federal tax identification number

of the Contractor.

Any invoiced items of the awarded bidder (Contractor), which are not included in the

accepted Cost Sheet, will be rejected and denied for invoice payment.

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Ten percent (10%) retention shall be withheld from each invoice. The retention shall become

payable upon the satisfactory completion of the Agreement or at the completion of each

separate task if the specific task is not a foundation for succeeding tasks leading to the

completion of a finished project, report or plan.

The contractor’s invoices will be subject to an audit by CPUC at any time within three (3)

years of completion of the work.

D. Reporting Requirement of Small Business and DVBE

Contractor invoices shall include a subtotal that enumerates the amounts spent on DGS

certified Small Business compliant activities/subcontractors for the period of the invoice, and

a total-to-date for Small Business spending. This requirement is in addition to reporting

requirement of Section 19 of Exhibit C, General Terms and Conditions.

Contractor invoices shall include a subtotal that enumerates the amounts spent on DGS

certified DVBE compliant activities/subcontractors for the period of the invoice, and a total-

to-date for DVBE spending. This requirement is in addition to the reporting requirement of

Section 19 of Exhibit C, General Terms and Conditions.

3. Budget Contingency Clause

A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years

covered under this Agreement does not appropriate sufficient funds for the services specified

in Exhibit A, this Agreement shall be of no further force and effect. In that event, the State

shall have no liability to pay any funds whatsoever to Contractor or to furnish any other

considerations under this Agreement and Contractor shall not be obligated to perform any

provisions of this Agreement.

B. If funding for any fiscal year is reduced or deleted by the Budget Act, which impacts the

services indicated in Exhibit A, CPUC shall have the option to either cancel this Agreement

with no liability occurring to the State, or offer an agreement amendment to Contractor to

reflect the reduced amount.

4. Prompt Payment Clause

Payment will be made in accordance with, and within the time specified in, Government

Code Chapter 4.5, commencing with Section 927.

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ATTACHMENT 14 – GENERAL TERMS AND CONDITIONS – GTC-610

PLEASE NOTE: The General Terms and Conditions (GTC-610) is normally incorporated by

reference to Internet site: http://www.documents.dgs.ca.gov/ols/GTC-610.doc. However, for your

convenience, the GTC-610 language is incorporated below.

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved

by the Department of General 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 the Agreement 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 of the 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 State Audits, or their designated representative shall have the right to review and to

copy any records and supporting documentation pertaining to the performance of this Agreement.

Contractor agrees to maintain such records for possible audit for a minimum of three (3) years

after final payment, unless a longer period of records retention is stipulated. Contractor agrees to

allow the auditor(s) access to such records during normal business hours and to allow interviews

of any employees who might reasonably have information related to such records. Further,

Contractor agrees to include a similar right of the State to audit records and interview staff in any

subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code

§10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its

officers, agents and employees 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, or supplies in connection with the performance

of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm

or corporation who may be injured or damaged by Contractor in the performance of this

Agreement.

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 the Contractor fail to perform the requirements of this Agreement at the time and

in the manner herein provided. In the event of such termination the State may proceed with the

work in any manner deemed proper by the State. All costs to the State shall be deducted from any

sum due the Contractor under this Agreement and the balance, if any, shall be paid to the

Contractor upon demand.

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8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in

the performance of this Agreement, 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 not exact, 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 of Public Contract Code Section 12209.

With respect to printer or duplication cartridges that comply with the requirements of Section

12156(e), the certification required by this subdivision shall specify that the cartridges so comply

(Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor

and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any

employee or applicant for employment because of sex, race, color, ancestry, religious creed,

national origin, physical disability (including HIV and AIDS), mental disability, medical condition

(e.g., cancer), age (over 40), marital status, and denial of family care leave. Contractor and

subcontractors shall insure that the evaluation and treatment of their employees and applicants for

employment are free from such discrimination and harassment. Contractor and subcontractors

shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-

f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations,

Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing

Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of

Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement

by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall

give written notice of their obligations under 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 perform work under the Agreement.

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained

in the document CCC 307 are 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 of Contractor's expenses incurred in the performance hereof, including travel,

per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with

the laws of the State of California.

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15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if

these services or goods are obtained by means of a competitive bid, the Contractor shall comply

with the requirements of the Government Codes Sections 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 the State or any of its political subdivisions or public agencies on whose behalf the

Attorney General may bring an 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 will assign to the purchasing body all rights, title, and interest in and to all causes of

action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright

Act (Chapter 2 (commencing with Section 16700) 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 shall be made and become effective at

the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.

c. If an awarding body or public purchasing body receives, either through judgment or settlement,

a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled

to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the

public body any portion of the recovery, including treble damages, attributable to overcharges that

were paid by the assignor but were not paid by the public body as part of the bid price, less the

expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.

d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand,

reassign the cause of action assigned under this part if the assignor has been or may have been

injured by the violation of law for which the cause of action arose and (a) the assignee has not

been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See

Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000.00 the

contractor acknowledges in accordance with Public Contract Code 7110, that:

a. The contractor recognizes the importance of child and family support obligations and shall fully

comply with all applicable 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 all employees and is providing the names of all new employees to the New Hire Registry

maintained by the California Employment Development Department.

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17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is

unenforceable or held to be unenforceable, then the parties agree that all other provisions of this

Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of

$200,000, the Contractor shall give priority consideration in filling vacancies in positions funded

by the Contract to qualified recipients of aid under Welfare 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 must within 60 days of receiving final payment under this Contract (or within such

other time period as may be specified elsewhere in this Contract) report to the awarding

department the actual percentage of small business participation 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 such other 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 prime Contractor; (4)

that all payments under the Contract have been made to the DVBE; and (5) the actual percentage

of DVBE participation that was achieved. A person or entity that knowingly provides false

information shall be subject to a civil penalty for each violation. (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 is incorporated: It is unlawful for any person engaged in business within this state to sell

or use any article or product as a “loss leader” as defined in Section 17030 of the Business and

Professions Code. (PCC 10344(e).)

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ATTACHMENT 15 - SPECIAL TERMS AND CONDITIONS

1. Excise Tax

The State of California is exempt from federal excise taxes, and no payment will be made for

any taxes levied on employees' wages. The State will pay for any applicable State of

California or local sales or use taxes on the services rendered or equipment or parts supplied

pursuant to this Agreement. California may pay any applicable sales and use tax imposed by

another state.

2. Settlement of Disputes

In the event of a dispute, Contractor shall file a "Notice of Dispute" with CPUC within ten (10)

days of discovery of the problem. Within ten (10) days, the (Agency Director or Designee)

shall meet with the Contractor and Project Manager for purposes of resolving the dispute. The

decision of the CPUC shall be final.

In the event of a dispute, the language contained within this Agreement shall prevail over any

other language including that of the bid.

3. Evaluation of Contractor

Performance of the Contractor under this Agreement will be evaluated. The evaluation shall

be prepared on Contract/Contractor Evaluation Sheet (STD 4), and maintained in the

Agreement file. For consultant agreements, a copy of the evaluation will be sent to the

Department of General Services, Office of Legal Services, if it is negative and over $5,000.

4. Agency Liability

The Contractor warrants by execution of this Agreement, that no person or selling agency has

been employed or retained to solicit or secure this Agreement upon agreement or

understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide

employees or bona fide established commercial or selling agencies maintained by the

Contractor for the purpose of securing business. For breach or violation of this warranty, the

State shall, in addition to other remedies provided by law, have the right to annul this

Agreement without liability, paying only for the value of the work actually performed, or

otherwise recover the full amount of such commission, percentage, brokerage, or contingent

fee.

5. Subcontractors

Nothing contained in this Agreement or otherwise, shall create any contractual relation

between the State and any subcontractors, and no subcontract shall relieve the Contractor of

his responsibilities and obligations hereunder.

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Subcontractor Actions – Contractor shall solely be responsible for all actions of

subcontractors, including acts and omissions by subcontractors and persons either directly or

indirectly employed by said subcontractors. Failure of a subcontractor to perform for any

reason shall not relieve Contractor of the responsibility for competent and timely performance

of duties under this Agreement.

Subcontractor Payment – Contractor shall solely be responsible for all payments to

subcontractors. The Contractor’s obligation to pay its subcontractors is an independent

obligation from the State’s obligation to make payments to the Contractor. As a result, the

State shall have no obligation to pay or to enforce the payment of any moneys to any

subcontractor retained by the Contractor.

Communication – The Contractor’s Contract Manager shall act as the primary point of contact

to the CPUC for all aspects of any subcontractors, such that CPUC staff will not need to

communicate directly with subcontractors.

Approval of Subcontract – No work shall be subcontracted without the prior written approval

of the CPUC. In the event the Contractor desires to subcontract any portion of work

associated with this engagement, or in the event of a change to existing subcontracted

relationship, Contractor shall submit to the CPUC a written description of the proposed

subcontracted activities, including identification of proposed subcontracted parties.

Termination of Subcontract – Upon termination of any subcontract, the Contractor shall

immediately notify the CPUC.

Subcontract DVBE Consideration – If a terminated subcontractor is a DVBE, the Contractor

must replace the subcontractor within the same participation category and such replacement

must be approved by the CPUC. Failure to adhere to DVBE Participation may be grounds for

contract termination and recovery of damages under the rights and remedies due the State

under the default section of the contract. The Agreement shall permit the State to audit the

Contractor to verify compliance with DVBE regulations.

6. CPUC Staff

CPUC staff will be permitted to work side by side with Contractor’s staff to the extent and

under conditions directed by the CPUC’s Contract Manager. In this connection, CPUC staff

will be given access to all data, working papers, etc., which Contractor may seek to utilize.

7. Use of State Personnel

Contractor will not be permitted to use State personnel for the performance of services which

are the responsibility of Contractor unless such use is previously agreed to in writing by the

CPUC’s Contract Manager, and an appropriate adjustment in price is made. No charge will be

made to contractor for the services of State employees performing coordination or monitoring

functions.

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8. Contractor Staff Expenses

The Contractor represents that it has or shall secure at its own expense, all staff required to

perform the services described in this Agreement. Such personnel shall not be employees of or

have any contractual relationship with any governmental entity.

9. Changes in Time for Performance of Tasks

The time for performance of tasks and items within the budget, but not the total contract price,

may be changed by written approval of the Commission’s Contract Manager. However, the

date for completion, the total contract price, and scope, as well as, all other terms may be

altered only by formal amendment of this contract.

10. Change of Personnel

Contractor and Subcontractor’s key personnel as indicated in the attached resumes may not be

substituted without the Commission’s Contract Manager’s prior written approval.

11. Ownership of Data

Data developed for this contract shall become the property of the State. It shall not be

disclosed without the permission of the CPUC Contract Manager. Each report shall also

become the property of the State and shall not be disclosed except in such manner and such

time as the CPUC Contract Manager may direct, with the exception of data which have

become part of the public records of the State, as discussed in Paragraph 10.

12. Termination-Bankruptcy

In the event proceedings in bankruptcy are commenced against the Contractor, it is adjudged

bankrupt, or a receiver is appointed and qualifies, the State may terminate this agreement by

giving five days’ notice in writing to the Contractor.

13. Termination at State’s Option

State may at its option terminate this contract, with or without cause, at any time upon giving a

30-day advance notice in writing to Contractor. In such event, Contractor agrees to use all

reasonable efforts to mitigate its expenses and obligations hereunder. In such event, State shall

pay Contractor for all satisfactory services rendered prior to such notice of termination and for

all expenses incurred by Contractor prior to said termination which are not included in charges

for service rendered prior to termination and which could not by reasonable efforts of

Contractor have been avoided.

14. Termination in Event of Breach

In the event of any breach of this contract, the State may without any prejudices to any of its

other legal remedies terminate this contract upon five days’ written notice to the Contractor.

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15. Waiver

No waiver of any breach of this contract shall be held to be a waiver of any other or

subsequent breach. All remedies afforded in this contract shall be taken and construed as

cumulative: that is, in addition to every other remedy provided herein or by law. The failure of

State to enforce at any time any of the provisions of this agreement, or to require at any time

performance by Contractor of any of the provisions thereof, shall in no way be construed to be

a waiver of such provision nor in any way to affect the validity of this agreement or any part

thereof or the right of State to thereafter enforce each and every such provision.

16. Gratuities

The State may, by written notice to the Contractor, terminate the right of Contractor to proceed

under this contract if it is found, after notice and hearing by the State or by Executive Director

of the Public Utilities Commission or duly authorized representative, that gratuities were

offered or given by the Contractor, or any agent or representative of the Contractor, to any

officer or employee of the State with a view toward securing a contract, securing favorable

treatment with respect to award amendment, or the evaluation of performance of such contract,

provided that the facts upon which either the Commission or the Executive Director makes

such findings may be reviewed in any competent court.

In the event this contract is terminated, State shall be entitled (i) to pursue the same remedies

against Contractor as it could pursue in the event of the breach of the contract by the

Contractor, and (ii) to a penalty in addition to any other damages to which it may be entitled

by law, and to exemplary damages in an amount which shall be not less than three nor more

than ten times the cost incurred by the Contractor in providing any such gratuities to any such

officer or employee.

The rights and remedies of State provided in this clause shall not be exclusive and are in

addition to any other rights and remedies provided by law or under this contract.

17. Conflict of Interest

Contractor agrees to refrain from entering into any relationship which could result in a conflict

of interest in the performance of this Agreement; and to notify the Commission’s Project

Manager promptly of any potential conflict of interest, including subcontractors. The

Commission may exercise its option to terminate this Agreement if a conflict is found.

18. Agreement is Complete

Other than as specified herein, no document or communication passing between the parties

hereto shall be deemed a part of this Agreement.

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19. Captions

The clause headings appearing in this agreement have been inserted for the purpose of

convenience and ready reference. They do not purport to and shall not be deemed to define,

limit, or extend the scope or intent to the clauses to which they appertain.

20. Force Majeure

Neither party shall be liable to the other for any delay in or failure of performance, nor shall

any such delay in or failure of performance constitute default, if such delay or failure is caused

by “Force Majeure.” As used in this section, “Force Majeure” is defined as follows: Acts of

war and acts of god such as earthquakes, floods and other natural disasters such that

performance is impossible.

21. Counterparts

For the convenience of the parties, any number of counterparts of this Agreement may be

executed by the parties hereto. Each such counterpart shall, and shall be deemed to be, an

original instrument, but all such counterparts taken together shall constitute one and the same

agreement.

22. Public Works - Rules/Regulations

Contractor shall observe and comply with all federal, state, city, and county laws, rules or

regulations affecting the work. Any work done that does not comply with any laws, rules, or

regulations will be remedied at the Contractor's expense.

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ATTACHMENT 16 – Shared Printers

Shared Printers Samples of small, medium, large, and extra-large Printers:

SMALL

LARGE

MEDIUM

EXTRA-

LARGE

69

Current Printer Models and Classification

Model X- LARGE LARGE MEDIUM SMALL

HP-4345 x

HP-4350

x

HP-4540 x

HP-4700

x

HP-4730 x

HP-5035

x

HP-6040 x

HP-9050 x

HP-9500 x

HP-8150N

x

HP-M4555

x

HP-P4515

x

V2045 x

V2090 x

70

ATTACHMENT 17 – ADDITIONAL PROVISIONS

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ATTACHMENT 18 – SCHEDULE OF RESTACK MOVES 2014-15

PHASE DATE GROUP(S) # OF PERSONNEL FROM TO

1 March 24, 2014 IT 44 4th 3rd

2 March 28, 2014 HR 27 4th 3rd

March 28, 2014 DWA 54 4th 3rd

March 28, 2014 DRA-Water 24 4th 3rd

March 28, 2014 FISCAL 22 2nd 3rd

March 28, 2014 LEGAL-SUPPORT 16 2nd 5th

March 28, 2014 ALJ-ADMIN 14 2nd 5th

March 28, 2014 EXEC-MEDIA 3 2nd 5th

March 28, 2014 EXEC-EEO 2 2nd 3rd

March 28, 2014 PPD 9 2nd 5th

March 28, 2014 CD 71 2nd 3rd

3 April 4, 2014 ED-22 22 455GG 3rd

April 4, 2014 DRA 114 4th 2nd

4 April 11, 2014 AS-1FL 5 1st 2nd

April 11, 2014 LEGAL-4107 15 4th 455GG

Phase 2 Construction 1st and 4th Floors 5/8/14 10/21/14

5 October 24, 2014 ED 113 455GG 4th

6 October 31, 2014 DRA 114 2nd 4th

October 31, 2014 AS-1FL 5 2nd 1st

October 31, 2014 ALJ-2FL 14 2nd 4107/4300

7 November 7, 2014 CSID 61 2nd 455GG

November 7, 2014 BS 15 2nd 455GG

November 7, 2014 EXEC-GRAPHIC 2 2nd 455GG

November 7, 2014 EXEC-SB 7 2nd 455GG

Phase 3 Construction 2nd Floor 12/8/14 5/23/15

8 May 24, 2015 ALJ-2FL 14 4107/4300 2nd

May 24, 2015 CSID 61 455GG 2nd

May 24, 2015 BS 15 455GG 2nd

May 24, 2015 EXEC-GRAPHIC 2 455GG 2nd

May 24, 2015 EXEC-SB 7 455GG 2nd

9 June 5, 2015 SED 115 455GG 2nd

June 5, 2015 LEGAL-4300 15 455GG 4th

June 5, 2015 LEGAL-4107 15 455GG 4th

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ATTACHMENT 19 – COST SHEETS AND INSTRUCTIONS

(IFB section 9.8)

Cost development shall be separate and distinct for the two cost sections and totaled in a third sheet,

“Total Cost Sheet” (Attachment 19c).

e. WSUs (Attachment 19a, “Cost Sheet for Moving WSUs”)

Cost development for the WSUs shall be priced on a per unit basis (column C on the “Cost

Sheet for Moving WSUs) for each group (column A on the “Cost Sheet for Moving WSUs)

moving within the phase. The number in column B, provided by the CPUC, shall be

multiplied by the contractor “Cost per WSU” (column C) for a sum dollar amount for the

“Cost of Moving Group” (column D).

The total for entries for each group in Column D shall be entered in the box labeled “Total

Cost of WSU Moves – Sum of Column D Entries Both Pages.”

The “From” and “To” columns on the “Cost Sheet for Moving WSUs” indicate the origin and

destination locations. The pricing for each group shall include in the “Cost per WSU” any fuel

charges/surcharges, materials, or other costs. Billing shall be based on the actual number of

WSUs moved for each group and agreed upon by both Move Coordinators (CPUC and

Contractor) present on the day of the applicable move. The number of WSUs provided in the

“Cost Sheet for Moving WSUs” are the best estimates of the CPUC and have been increased

to allow for unforeseen circumstances. If for some unforeseen reason the actual number is

greater than that estimated on the sheet, Contractor shall charge at the stated rate (column C)

for the group to which the additional WSU(s) is/are assigned.

The “Cost Sheet for Moving WSUs” shall be completed in its entirety and included in

Envelope 2, Bid-Cost. See section 9.1 for submission details.

f. Mandatory Optionals (Attachment 19b, “Cost Sheet for Mandatory Optionals”)

Cost development for Mandatory Optionals are for services in addition to those identified as

WSUs and are as described in Attachment 12, section A.11. Mandatory Optionals cost

development shall be based on a “person hour” rate provided by the Contractor, shall be

inclusive to cover the cost of specialty workers (such as installers, drivers, movers, etc.) and

shall include any additional charges such as fuel charges/surcharges, truck(s), materials, and

any other applicable charges. The “Cost Sheet for Mandatory Optionals” shall be completed

and be based on a total of two-thousand (2,000) person hours performing the moving and

related services as described in Attachment 12, Scope of Work. To complete the cost sheet,

Contractor shall enter a “Cost per Hour” in column A of the sheet and multiply that number to

obtain the “Total Cost of Mandatory Optional Hours” and enter the number in column C of

the cost sheet.

The “Cost Sheet for Mandatory Optionals” shall be completed and included in Envelope

2, Bid-Cost. See section 9.1 for submission details.

g. Total Cost Sheet (Attachment 19c)

The “Total Cost Sheet” shall be completed by filling in the amounts for moving WSUs from

Attachment 13, “Cost Sheet for Moving WSUs” and Attachment 14, “Cost Sheet for

Mandatory Optionals” and totaling in the row “Grand Total for Restack Moving Services.”

73

The “Total Cost Sheet” shall be completed and included in Envelope 2, Bid-Cost. See

section 9.1 for submission details.

h. In submitting the cost sheets (a, b, and c, above), bidders must adhere to the format of

the Attachments (19a, 19b, 19c) or use a copy thereof. For electronic copies of these

Cost Sheets which may be edited for cost entries, please request them through Mark

Ferrara at:

mark.ferrara@cpuc.ca.gov

74

ATTACHMENT 19a – COST SHEET FOR MOVING WSUs PHASE DATE GROUP(S) FROM TO # of WSUs Cost per WSU Cost of Moving Group

A B X C > D

1 March 24, 2014 IT 4th 3rd 44

2 March 28, 2014 HR 4th 3rd 27

March 28, 2014 DWA 4th 3rd 54

March 28, 2014 DRA-Water 4th 3rd 24

March 28, 2014 FISCAL 2nd 3rd 22

March 28, 2014 LEGAL-SUPPORT 2nd 5th 16

March 28, 2014 ALJ-ADMIN 2nd 5th 14

March 28, 2014 EXEC-MEDIA 2nd 5th 3

March 28, 2014 EXEC-EEO 2nd 3rd 2

March 28, 2014 PPD 2nd 5th 9

March 28, 2014 CD 2nd 3rd 71

3 April 4, 2014 ED-22 455GG 3rd 22

April 4, 2014 DRA 4th 2nd 114

4 April 11, 2014 AS-1FL 1st 2nd 5

April 11, 2014 LEGAL-4107 4th 455GG 15

Phase 2 Construction1st and 4th Floors 5/8/14 10/21/14

5 October 24, 2014 ED 455GG 4th

6 October 31, 2014 DRA 2nd 4th 114

October 31, 2014 AS-1FL 2nd 1st 5

October 31, 2014 ALJ-2FL 2nd 4107/4300 14

7 November 7, 2014 CSID 2nd 455GG 61

November 7, 2014 BS 2nd 455GG 15

November 7, 2014 EXEC-GRAPHIC 2nd 455GG 2

November 7, 2014 EXEC-SB 2nd 455GG 7

Phase 3 Construction 2nd Floor 12/8/14 5/23/15

8 May 24, 2015 ALJ-2FL 4107/4300 2nd 14

May 24, 2015 CSID 455GG 2nd 61

May 24, 2015 BS 455GG 2nd 15

May 24, 2015 EXEC-GRAPHIC 455GG 2nd 2

May 24, 2015 EXEC-SB 455GG 2nd 7

9 June 5, 2015 SED 455GG 2nd 110+

June 5, 2015 LEGAL-4300 455GG 4th 15

June 5, 2015 LEGAL-4107 455GG 4th 15

TOTAL COST OF WSU MOVES - SUM OF COLUMN D ENTRIES

75

ATTACHMENT 19b – COST SHEET FOR MANDATORY OPTIONALS

COST PER HOUR NUMBER OF PERSON HOURS TOTAL COST MANDATORY OPTIONAL HOURS

A B C

2,000X

76

ATTACHMENT 19c – TOTAL COST SHEET

GRAND TOTAL FOR RESTACK

MOVING SERVICES

TOTAL COST OF WSU MOVES -

SUM OF COLUMN D ENTRIES

TOTAL COST MANDATORY

OPTIONAL HOURS