State of California
Bid CR3174970
5
Solicitation CR3174970
Security Guard Services
Bid designation: Public
State of California
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State of California
Bid CR3174970
5
Bid CR3174970 Security Guard Services Bid Number
CR3174970
Bid Title
Security Guard Services
Expected Expenditure $3,738,485.00 (This price is expected - not guaranteed) Bid Start Date
Apr 24, 2014 1:11:53 PM PDT
Bid End Date
May 15, 2014 2:00:00 PM PDT
Question & Answer End May 6, 2014 5:00:00 PM PDT Date Bid Contact
Lyssa Ortega 916-375-4358
[email protected]
Pre-Bid Conference
May 1, 2014 10:00:00 AM PDT Attendance is mandatory Location: Bids will only be accepted from those having attended the MANDATORY pre-bid site inspection on Thursday, May 1, 2014, at 10:00 A.M. at which time representatives of the State and prospective bidders shall meet at the Governor Edmund G. Pat Brown Building, 505 Van Ness Avenue, San Francisco, CA 94102.
Standard Disclaimer The State of California advises that prospective bidders periodically check the websites, including but not limited to Bidsync, and/or other state department links for modifications to bid documents. The State of California is not responsible for a prospective bidder's misunderstanding of the bid solicitation or nonresponsive bid due to failure to check these websites for updates or amendments to bid documents, and/or other information regarding the bid solicitations. Failure to periodically check these websites will be at the bidder's sole risk. The information published and/or responded to on these websites is public information. Confidential questions/issues/concerns should be directed to the contact on the ad.
Description The Contractor shall provide all labor, equipment, uniforms, and materials required to provide Security Guard services.
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State of California
Bid CR3174970
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES REAL ESTATE SERVICES DIVISION BUILDING AND PROPERTY MANAGEMENT BRANCH
INVITATION FOR BIDS FOR:
SECURITY GUARD SERVICES GOVERNOR EDMUND G. PAT BROWN BUILDING (418) 505 VAN NESS AVENUE SAN FRANCISCO, CA 94102 CR3174970
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Table of Contents Pages TITLE PAGE
1 only
TABLE OF CONTENTS
1 only
INVITATION FOR BID – NOTICE TO PROSPECTIVE BIDDERS
1 through 2
INSTRUCTION TO BIDDERS
1 through 8
A)
Purpose and Description of Services
B)
Bidder Minimum Qualifications
C)
Bid Requirements and Information 1) 2) 3) 4) 5)
D)
Preference and Incentive Programs 1) 2) 3) 4) 5)
E)
Submission of Bid Evaluation and Selection Award and Protest Disposition of Bid Agreement Execution and Performance
Small Business Enterprise Preference Program Non-Small Business Enterprise Preference Program Disabled Veterans Business Enterprise (DVBE) Program Requirement Disabled Veterans Business Enterprise (DVBE) Incentive Program Applying Preference and Incentives
Required Attachments
REQUIRED ATTACHMENTS 1) 2) 3) 4) 5) 6) 7) 8) 9) 10)
1 through 18
Required Attachment Check List Bid/Bidder Certification Sheet Bidder Declaration Budget Detail and Payment Provisions and Cost Sheet Bidders Reference Commercially Useful Function Certification Payee Data Record (STD 204) Contractors Certification Clauses (CCC) Darfur Contracting Act Certification Iran Contracting Act Certification
SAMPLE STANDARD AGREEMENT
1 through 18
Sample Standard Agreement Form (STD 213) Exhibit A, Scope of Work Exhibit A, Attachment 1, Post Orders Exhibit B, Budget Detail and Payment Provisions Exhibit B, Attachment 1, Cost Sheet Exhibit C, General Terms and Conditions Exhibit D, Additional Provisions Exhibit E, Special Terms and Conditions
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State of California
Security Guard Services, EG Brown BidBuilding CR3174970 CR3174970
INVITATION FOR BID Notice to Prospective Bidders You are invited to review and respond to this Invitation for Bid (IFB): IFB NO.: CONTRACT TITLE: CONTRACT LOCATION:
CR3174970 SECURITY GUARD SERVICES GOVERNOR EDMUND G. PAT BROWN BUILDING (418) 505 VAN NESS AVENUE SAN FRANCISCO, CA 94102
The Building and Property Management Branch (BPM) will receive Sealed Bids on Thursday, May 15, 2014, before 2:00 P.M. at 707 3rd Street, Second Floor, Sacramento, California 95605 for the above stated project, followed with a public opening and reading of the Bids. Brief Project Description: The Contractor shall provide all labor, equipment, uniforms, and materials required to provide Security Guard services. This site utilizes three (3) Security classifications, namely; Security Guard, Security Supervisor, and Security Manager. The Building Manager/Designee will establish the actual deployment and duties of all levels of Guards to meet the security staffing needs for the site (i.e. Post Orders). The Building Manager/Designee will provide the Contractor with at least forty-eight (48) hours verbal notice of changes in the deployment. State’s Estimate: $3,738,485.00 Contract Term: 3 years upon execution of the Agreement. In submitting your bid, you must comply with the instructions found herein. In the opinion of The Department of General Services, this Invitation for Bid is complete and without need of explanation. However, if you have questions, or should you need any clarifying information, the contact person for this IFB is Lyssa Ortega, Contracts Officer, 916-375-4358 or
[email protected]. Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum. Key Action Dates: All dates after the deadline for bid submission are approximate and may be adjusted as conditions indicated, without addendum to this IFB. Event Date Time (PST) IFB available to prospective Bidders Thursday, April 24, 2014 Mandatory Pre-Bid Site Inspection Thursday, May 1, 2014 10:00 a.m. Deadline to Submit Written Questions Tuesday, May 6, 2014 Questions and Answers to be Posted Friday, May 9, 2014 Deadline for Bid Submission/Bid Opening Thursday, May 15, 2014 2:00 p.m. Notice of Intent to Award Thursday May 22, 2014 Last day to Protest the Award Friday May 30, 2014 5:00 p.m. Mandatory Pre-Bid Site Inspection Bids will only be accepted from those having attended the MANDATORY pre-bid site inspection on Thursday, May 1, 2014, at 10:00 A.M. at which time representatives of the State and prospective bidders shall meet at the Governor Edmund G. Pat Brown Building, 505 Van Ness Avenue, San Francisco, CA 94102.
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The BPM may also accept oral questions during the Mandatory Pre-Bid Site Inspection and will make a reasonable attempt to provide oral answers prior to the conclusion of the Mandatory Pre-Bid Site Inspection. Oral answers shall not be binding on the BPM. Questions asked at the Mandatory Pre-Bid Site Inspection will be answered and provided in an official Addendum. BidSync: This IFB along with any applicable addenda will be published online in BidSync at http://www.bidsync.com (You must be logged into in to BidSync; Registration is free). Once you are logged in, click the “Search” tab at the top. Enter the IFB number (CR3174970) in the search field and select “current bids.” Click search.
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INSTRUCTION TO BIDDERS A) Purpose and Description of Services Contractor shall provide all labor, equipment, and materials required to complete the Work as set forth in Section Scope of Work of this IFB. B) Bidder Minimum Qualifications The Contractor’s company must meet the minimum qualifications set forth in the Invitation to Bid. C) Bid Requirements and Information 1) Submission of Bid a) All bids must be submitted under sealed cover and sent to The Department of General Services before 2:00 P.M. on the date indicated in the Invitation to Bid to the address listed in section C.1.d. below. The sealed cover must be plainly marked with the IFB number and title, must show your firm name and address, and must be marked with "DO NOT OPEN". Bids not submitted under sealed cover may be rejected. b) All bids shall include the documents identified on the Required Attachment Checklist. Bids not including the proper "required attachments" shall be deemed nonresponsive. A non-responsive bid is one that does not meet the basic bid requirements. c) All documents requiring a signature must bear an original signature of a person authorized to bind the bidding firm. The signature should indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected. d) Mail or deliver bids to the following address: U.S. Postal Service Deliveries The Department of General Services OBAS-CMS 707 3rd Street, Second Floor West Sacramento, California 95605 Attention: Lyssa Ortega RESD BPM-13-0022S, Security Guard Services e) Bids must be submitted for the performance of all the services described herein. Any deviation from the work specifications will not be considered and will cause a bid to be rejected. f)
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A bid may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The State may reject any or all bids and may waive an immaterial deviation in a bid. The State's waiver of an immaterial
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deviation shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the agreement. g) Costs incurred for developing bids and in anticipation of award of the agreement are entirely the responsibility of the bidder and shall not be charged to the State of California. h) An individual who is authorized to bind the bidder contractually shall sign the Bid/Bidder Certification Sheet, Attachment 2. The signature should indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected. i)
A bidder may modify a bid after its submission by withdrawing its original bid and resubmitting a new bid prior to the bid submission deadline. Bidder modifications offered in any other manner, oral or written, will not be considered.
j)
A bidder may withdraw its bid by submitting a written withdrawal request to the State, signed by the bidder or an authorized agent. A bidder may thereafter submit a new bid prior to the bid submission deadline. Bids may not be withdrawn without cause subsequent to bid submission deadline.
k) The awarding agency may modify the IFB prior to the date fixed for submission of bids by posting an addendum on BidSync. l)
The awarding agency reserves the right to reject all bids. The agency is not required to award an agreement.
m) Before submitting a response to this solicitation, bidders should review, correct all errors, and confirm compliance with the IFB requirements. n) Where applicable, bidder should carefully examine work sites and specifications. Bidder shall investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered. No additions or increases to the agreement amount will be made due to a lack of careful examination of work sites and specifications. o) The State does not accept alternate contract language from a prospective contractor. A bid with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable. p) No oral understanding or agreement shall be binding on either party. 2) Evaluation and Selection a) At the time of bid opening, each bid will be checked for the presence or absence of required information in conformance with the submission requirements of this IFB. b) The State will evaluate each bid to determine its responsiveness to the published requirements. c) Bids that contain false or misleading statements, or which provide references, which do not support an attribute or condition claimed by the bidder, may be rejected.
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State of California
d) For evaluation purposes only, the calculation of lowest Bidder will be made using a sample number of hours for one week. The hourly rate and overtime & holiday hourly rate will be calculated separately and then combined to form a total evaluated amount. e) For evaluation purposes, a sample work week of 40 hours will be used with one day of holiday pay (eight (8) hours) and eight (8) hours of overtime pay. Example of Calculation: Hourly Rate
Sample number of hours per week
Total per category (Hourly Rate x Total hours per week)
Security Guard
$24.50
32
$784.00
Supervisor Site Manager
$27.50
32
$880.00
$30.00
32
$960.00
Classification
TOTAL FOR HOURLY RATE (SUM OF TOTAL PER CATEGORY)
Classification
Overtime and Holiday Hourly Rate
$2,624.00
Sample number of hours per week
Total per category (Overtime and Holiday Hourly Rate x Total hours per week)
Security Guard
$36.75
16
$588.00
Supervisor
$41.25
16
$660.00
Site Manager
$45.00
16
$720.00
TOTAL FOR OVERTIME & HOLIDAY HOURLY RATE (SUM OF TOTAL PER CATEGORY)
$1,968.00
TOTAL HOURLY RATE + OVERTIME & HOLIDAY HOURLY RATE
$4,592.00
Total Calculated Amount: $2,624.00 + $1,968.00 = $4,592.00
e) Award if made, will be to the lowest responsive responsible bidder. If there are tied bids, representatives of the State will draw straws to pick the winning bidder. The drawing will be witnessed and documented by two or more State employees. 3) Award and Protest a) Whenever an agreement is awarded under a procedure, which provides for competitive bidding, but the agreement is not to be awarded to the low bidder, the low bidder shall be notified by telegram, electronic facsimile transmission, overnight courier, or personal delivery five (5) working days prior to the award of the agreement.
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b) Upon written request by any bidder, notice of the proposed award shall be posted in a public place in the office of the awarding agency at least five (5) working days prior to awarding the agreement. c) If any bidder, prior to the award of agreement, files a written protest with the Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95605 and the (insert name of awarding agency) on the grounds that the (protesting) bidder is the lowest responsive responsible bidder, the agreement shall not be awarded until either the protest has been withdrawn or the Department of General Services has decided the matter. d) Within five (5) days after filing the initial protest, the protesting bidder shall file with the Department of General Services and the awarding agency a detailed written statement specifying the grounds for the protest. The written protest must be sent to the Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, California 95605. A copy of the detailed written statement should be mailed to the awarding agency. It is suggested that you submit any protest by certified or registered mail. e) Upon resolution of the protest and award of the agreement, Contractor must complete and submit to the awarding agency the Payee Data Record (STD 204), to determine if the Contractor is subject to state income tax withholding pursuant to California Revenue and Taxation Code Sections 18662 and 26131. This form can be found on the Internet at www.osp.dgs.ca.gov under the heading FORMS MANAGEMENT CENTER. No payment shall be made unless a completed STD 204 has been returned to the awarding agency. f)
4)
Upon resolution of the protest and award of the agreement, Contractor must sign and submit to the awarding agency, page one (1) of the Contractor Certification Clauses (CCC), which can be found on the Internet at www.dgs.ca.gov/contracts. This document is only required if the bidder has not submitted this form to the awarding agency within the last three (3) years. Disposition of Bids
a) Upon bid opening, all documents submitted in response to this IFB will become the property of the State of California, and will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and subject to review by the public. b) Bid packages may be returned only at the bidder's expense, unless such expense is waived by the awarding agency. 5)
Agreement Execution and Performance a) Service shall be available on the express date set by the awarding agency and the Contractor, after all approvals have been obtained and the agreement is fully executed. Should the Contractor fail to commence work at the agreed upon time, the awarding agency, upon five (5) days written notice to the Contractor, reserves the right to terminate the agreement. In addition, the Contractor shall
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be liable to the State for the difference between Contractor's bid price and the actual cost of performing work by the second lowest bidder or by another contractor b) All performance under the agreement shall be completed on or before the termination date of the agreement. D) Preference and Incentive Programs 1. Small Business Enterprise Preference Program California Government Code section 14835, et seq., requires a preference be given to Bidders who are California Certified Small Business (SB). The rules and regulations of this law, including the definition of a SB for the delivery of goods and services, are contained in California Code of Regulations, title 2, section 1896 et seq. a) A preference is available to a certified SB. A Bidder claiming this preference must be certified by the Office of Small Business and Disabled Veteran Enterprise Services (OSDS) as a SB. Questions regarding certification should be directed to the OSDS at (916) 375-4940. b) To be considered as a certified SB, the Bidder must have a complete application package on file with the OSDS by 5:00 p.m. on the Deadline for Bid Submission Date. Questions regarding the certification approval process should be directed to the OSDS. A copy of the regulations, instructions and format for claiming the Small Business Preference is available at: http://www.dgs.ca.gov/pd/Programs/OSDS/GetCertified.aspx. c) To claim the Small Business Preference please see Attachment 3, Bidder Declaration (GSPD-05-105). NOTE: Only a SB who performs a Commercially Useful Function (CUF) relevant to the Scope of Work included in this IFB may qualify the Bidder for a SB preference. Please see Attachment 6 for CUF certification. 2. Non-Small Business Enterprise Preference Program A preference is available to a non-small business claiming 25% California-certified small business subcontractor participation. A Bidder claiming this preference must list one or more SB subcontractor(s), whom the Bidder commits to subcontract in an amount of at least twenty-five percent (25%) of the work performed under this contract. To claim the Non-Small Business Subcontractor Preference please refer to Attachment 3, Bidder Declaration (GSPD-05-105). NOTE: Only a SB who performs a Commercially Useful Function (CUF) relevant to the Scope of Work included in this IFB may be used to qualify the Bidder for the Non-Small Business Subcontractor Preference. Please see Attachment 6 for CUF certification. 3. Disabled Veterans Business Enterprise (DVBE) Program Requirement
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State of California
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a) The DVBE Participation Program for State contracts is established in Public Contract Code (PCC), § 10115 et seq., Military and Veterans Code (MVC), § 999 et seq., and California Code of Regulations, Title 2, § 1896.60 et seq. , which establishes a contract participation goal of at least three percent (3%) for DVBE for State agencies. Bidders must comply fully with the DVBE Program requirements to be considered responsive. Failure to submit a complete response may result in a non-responsive determination, in which case, the bidder will have their bid rejected and will be ineligible for award. c) A certification by the Office of Small Business and DVBE Certification (OSDS) is the only acceptable certification. To verify if a contractor is certified refer to the OSDS web-site at http://www.bidsync.com/DPXBisCASB. Bidders must provide certification verification for each participating DVBE bidder, subcontractor, and/or supplier. Applicants for DVBE certification may apply online at http://www.dgs.ca.gov/pd/programs/osds/getcertified.aspx. DVBE applicants must submit specific support documentation to the OSDS. d) Bidders must meet or exceed the DVBE participation requirements for the proposed contract by one of the following two (2) ways: 1) DVBE Bidder - If you are a DVBE bidder, agree to perform the required percentage of the contract bid amount with your firm or in combination with other DVBE firms. You must write that commitment on the Bidder Declaration Form. 2) Non-DVBE Bidder - If you are a non-DVBE bidder, commit to use a certified DVBE for at least the required percentage of the contract bid amount. You must write that commitment on the Bidder Declaration Form. NOTE: The DVBE must perform a Commercially Useful Function (CUF) relevant to the Scope of Work included in this IFB in order for the bidder to achieve the DVBE Participation Requirement. Please see Attachment 6 for CUF certification. 4. Disabled Veterans Business Enterprise (DVBE) Incentive Program Pursuant to Military and Veterans Code Section 999.5, subdivision (a), an incentive will be given to Bidders who provide DVBE participation. The DVBE Incentive is as follows: Confirmed DVBE Additional Participation 3% and above 2% to 2.99% 1% to 1.99%
Incentive 3% 2% 1%
A Bidder is eligible to receive this DVBE incentive if they are a certified DVBE or if a non DVBE Bidder commits to use a certified DVBE(s) as subcontractor(s). a)
Certified DVBE Bidder incentive considerations: 1. Commit to performing at least 1% of the contract bid value with the prime bidder’s firm or in combination with another DVBE(s).
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2. Document DVBE participation on the Bidder Declaration GSPD-05-105, Attachment 3. 3. At the State’s option a DVBE Bidder working in combination with other DVBE(s) will submit proof of its commitment by submitting a written confirmation from the DVBE(s) identified as a subcontractor on the Bidder Declaration GSPD-05-105. When requested, the written confirmation must be submitted to the address or facsimile number specified and within the timeframe identified in the notification. Failure to submit the written confirmation as specified may be grounds for bid rejection. b)
Non-DVBE Bidder incentive considerations: 1. Commit to using certified DVBE(s) for at least 1% of the bid value. 2. Document DVBE participation on the Bidder Declaration GSPD-05-105, Attachment 3. 3. At the State’s option prior to contract award, a Bidder is to submit proof of its commitment by submitting a written confirmation from each DVBE identified as a subcontractor on the Bidder Declaration GSPD-05-105. The IFB contract analyst named in the solicitation may contact each listed DVBE, by mail, email, fax or telephone, for verification of the Bidder’s submitted DVBE information. When requested, the document(s) must be submitted to the address or facsimile number specified and within the timeframe identified in the notification. Failure to submit the written confirmation as specified may be grounds for bid rejection.
NOTE: Only a DVBE who performs a Commercially Useful Function (CUF) relevant to the Scope of Work included in this IFB may qualify the Bidder or be used to qualify the Bidder for a DVBE incentive. Please see Attachment 6 for CUF certification. c)
Locating DVBE Subcontractors 1. State Resources: Access the list of all certified DVBEs by using the Department of General Services, Procurement Division (DGS-PD), online certified firm database at: http://www.bidsync.com/DPXBisCASB. To begin your search, enter “Keywords” or “United Nations Standard Products and Services Codes (UNSPSC) that apply to the elements of work you want to subcontract to a DVBE. Check for subcontractor ads that may be placed on the California State Contracts Register (CSCR) for this solicitation prior to the closing date. You may access the CSCR at: www.eprocure.dgs.ca.gov. For questions regarding the online certified firm database and the CSCR, please call the OSDS at (916) 375-4940 or send an email to:
[email protected]
5. Applying Preference and Incentives Preferences and incentives are used for bid tabulation purposes to determine the lowest responsive responsible bid. Strict adherence to the laws and regulations to apply the preferences and incentives will be followed. If awarded the contract, the preference and/or incentive does not alter the amount of the resulting contract. Please be aware
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State of California
Security Guard Services, EG Brown BidBuilding CR3174970 CR3174970
that contracts awarded with applied preferences or incentives will be monitored throughout the life of the contract for compliance to statutory, regulatory and contractual requirements. The SB preference of 5% will be applied when a responsible bidder that is not a CA certified SB or a non-SB claiming 25% CA certified SB subcontractor participation submits the lowest responsive bid. (Note: a non-SB claiming SB subcontractor preference cannot remove an award from a certified SB.) The DVBE incentive will be applied to each qualified bidder’s verified DVBE participation percentage from the number 1 ranked responsive and responsible net bid, regardless if bidder is an SB/DVBE. If a SB is ranked number 1 after SB preference has been applied, the DVBE incentive is only calculated for bidders certified as SBs. E)
Required Attachments Refer to the following pages for additional Required Attachments that are a part of this agreement.
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State of California
Security Guard Services, EG Brown BidBuilding CR3174970 CR3174970
ATTACHMENT 1 REQUIRED ATTACHMENT CHECK LIST
A complete bid or bid package will consist of the items identified below. Complete this checklist to confirm the items in your bid. Place a check mark or “X” next to each item that you are submitting to the State. For your bid to be responsive, all required attachments must be returned. This checklist should be returned with your bid package also. Attachment Attachment Name/Description
_____
Attachment 1
Required Attachment Check List
_____
Attachment 2
Bid/Bidder Certification Sheet
_____
Attachment 3
Bidder Declaration
_____
Attachment 4
Budget Detail and Payment Provisions and Cost Sheet
_____
Attachment 5
Bidder References
_____
Attachment 6
Commercially Useful Function (CUF) Certification
_____
Attachment 7
Payee Data Record (STD 204)
_____
Attachment 8
Contractor Certification Clauses (CCC) 307
_____
Attachment 9
Darfur Contracting Act Certification
_____
Attachment 10
Iran Contracting Act Certification
_____
Attachment 11
Copy of Business License
Sample Standard Agreement Form (STD 213)* Exhibit A* Scope of Work Exhibit B* Budget Detail and Payment Provisions and Cost Sheet Exhibit C* General Terms and Conditions Exhibit D* Special Terms and Conditions Exhibit E* Additional Provisions *These are documents for your information. You do not need to return them.
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State of California
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ATTACHMENT 2 BID/BIDDER CERTIFICATION SHEET This Bid/Bidder Certification Sheet must be signed and returned along with all the "required attachments" as an entire package in duplicate with original signatures. The bid must be transmitted in a sealed envelope in accordance with IFB instructions. Do not return Section C, Bid Requirements and Information nor the "Sample Agreement" at the end of this IFB. A.
Our all-inclusive bid is submitted as detailed in Attachment 4, Cost Sheet.
B.
All required attachments are included with this certification sheet.
C.
I have read and understand the DVBE participation requirements and have included documentation demonstrating that I have met the participation goals if goals are included.
D.
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. 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 and Disabled Veteran Business Enterprise Services (OSDS) as: a. California Small Business b. Disabled Veteran Business Enterprise Yes No Yes No If yes, enter your service code below: If yes, enter certification number: NOTE: A copy of your Certification is required to be included if either of the above items is checked “Yes”. Date application was submitted to OSDS, if an application is pending:
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Completion Instructions for Bid/Bidder Certification Sheet
Complete the numbered items on the Bid/Bidder Certification Sheet by following the instructions below. Item Number s 1, 2, 2a, 3
Instructions
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
10, 11, 12, 13
14
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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. Must be completed. These items are self-explanatory.
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 OSDS.
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Security Guard Services, EG Brown BidBuilding CR3174970 CR3174970 Solicitation Number_____________________
State of California State of California—Department of General Services, Procurement Division GSPD–05–105 (EST 8/05)
BIDDER DECLARATION 1.
Prime bidder information (Review attached Bidder Declaration Instructions prior to completion of this form): a. Identify current California certification(s) (MB, SB, SB/NVSA, DVBE): ____________ or None ____ (If “None”, go to Item #2) b. Will subcontractors be used for this contract? Yes ___ No ___ (If yes, indicate the distinct element of work your firm will perform in this contract e.g., list the proposed products produced by your firm, state if your firm owns the transportation vehicles that will deliver the products to the State, identify which solicited services your firm will perform, etc.). Use additional sheets, as necessary. _________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________ c. If you are a California certified DVBE:
2.
(1) Are you a broker or agent? Yes ___ No ___ (2) If the contract includes equipment rental, does your company own at least 51% of the equipment provided in this contract (quantity and value)? Yes ___ No ___ N/A ___
If no subcontractors will be used, skip to certification below. Otherwise, list all subcontractors for this contract. (Attach additional pages if necessary): Subcontractor Name, Contact Person, Phone Number & Fax Number
Subcontractor Address & Email Address
CA Certification (MB, SB, DVBE or None)
Work performed or goods provided for this contract
Corresponding % of bid price
Good Standing?
51% Rental?
CERTIFICATION: By signing the bid response, I certify under penalty of perjury that the information provided is true and correct. Page_____ of _____
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State of California State of California—Department of General Services, Procurement Division GSPD–05–105 (EST 8/05) Instructions
BIDDER DECLARATION Instructions All prime bidders (the firm submitting the bid) must complete the Bidder Declaration.
2. (continued) Column Labels
1.a. Identify all current certifications issued by the State of California. If the prime bidder has no California certification(s), check the line labeled “None” and proceed to Item #2. If the prime bidder possesses one or more of the following certifications, enter the applicable certification(s) on the line: • Microbusiness (MB) • Small Business (SB) • Small Business Nonprofit Veteran Service Agency (SB/NVSA) • Disabled Veteran Business Enterprise (DVBE)
Subcontractor Name, Contact Person, Phone Number & Fax Number—List each element for all subcontractors. Subcontractor Address & Email Address—Enter the address and if available, an Email address. CA Certification (MB, SB, DVBE or None)—If the subcontractor possesses a current State of California certification(s), verify on the OSDC website (www.pd.dgs.ca.gov/smbus) that it is still valid and list all current certifications here. Otherwise, enter “None”. [Note: A SB/NVSA should not be participating as a subcontractor]
1.b. Mark either “Yes” or “No” to identify whether subcontractors will be used for the contract. If the response is “No”, proceed to Item #1.c. If “Yes”, enter on the line the distinct element of work contained in the contract to be performed or the goods to be provided by the prime bidder. Do not include goods or services to be provided by subcontractors.
Work performed or goods provided for this contract—Identify the distinct element of work contained in the contract to be performed or the goods to be provided by each subcontractor. Certified subcontractors must provide a commercially useful function for the contract. (See paragraph 1.b above for code citations regarding the definition of commercially useful function.) If a certified subcontractor is further subcontracting a greater portion of the work or goods provided for the resulting contract than would be expected by normal industry practices, attach a separate sheet of paper explaining the situation.
Bidders certified as MB, SB, SB/NVSA, and/or DVBE must provide a commercially useful function as defined in Military and Veterans Code Section 999(e)(2)(A) for DVBEs and Government Code Section 14837(d)(4)(A) for small/microbusinesses. For questions regarding commercially useful function determinations made in conjunction with certification approval, contact the Department of General Services, Procurement Division, Office of Small Business and DVBE Certification (OSDC), OSDC Certification and Compliance Unit via email at:
[email protected]
Corresponding % of bid price—Enter the corresponding percentage of the total bid price for the goods and/or services to be provided by each subcontractor. Do not enter a dollar amount. Good Standing?—Provide a response for each subcontractor listed. Enter either “Yes” or “No” to indicate that the prime bidder has verified that the subcontractor(s) is in good standing for all of the following:
Bids must propose that certified bidders provide a commercially useful function for the resulting contract or the bid will be deemed non-responsive and rejected by the State. For questions regarding the solicitation, contact the procurement official identified in the solicitation.
• Possesses valid license(s) for any license(s) or permits required by the solicitation or by law • If a corporation, the company is qualified to do business in California and designated by the State of California Secretary of State to be in good standing • Possesses valid State of California certification(s) if claiming MB, SB, and/or DVBE status • Is not listed on the OSDC website as ineligible to transact business with the State
Note: A subcontractor is any person, firm, corporation, or organization contracting to perform part of the prime’s contract. 1.c. This item is only to be completed by businesses certified by California as a DVBE.
51% Rental?—This pertains to the applicability of rental equipment. Based on the following parameters, enter either “N/A” (not applicable),“Yes” or “No” for each subcontractor listed.
(1) Declare whether the prime bidder is a broker or agent by marking either “Yes” or “No”. The Military and Veterans Code Section 999.2 (b) defines “broker” or “agent” as a certified DVBE contractor or subcontractor that does not have title, possession, control, and risk of loss of materials, supplies, services, or equipment provided to an awarding department, unless one or more of the disabled veteran owners has at least 51-percent ownership of the quantity and value of the materials, supplies, services, and of each piece of equipment provided under the contract.
2.
Enter “N/A” if the: • Subcontractor is NOT a DVBE (regardless of whether or not rental equipment is provided by the subcontractor) or • Subcontractor is NOT providing rental equipment (regardless of whether or not subcontractor is a DVBE)
(2) If bidding rental equipment, mark either “Yes” or “No” to identify if the prime bidder owns at least 51% of the equipment provided (quantity and value). If not bidding rental equipment, mark “N/A” for “not applicable.”
Enter “Yes” if the subcontractor is a California certified DVBE providing rental equipment and the subcontractor owns at least 51% of the rental equipment (quantity and value) it will be providing for the contract.
If no subcontractors are proposed, do not complete the table. Read the certification at the bottom of the form and complete “Page ___ of ___” on the form.
Enter “No” if the subcontractor is a California certified DVBE providing rental equipment but the subcontractor does NOT own at least 51% of the rental equipment (quantity and value) it will be providing.
If subcontractors will be used, complete the table listing all subcontractors. If necessary, attach additional pages and complete the “Page ___ of ___” accordingly. 4/24/2014 2:14 PM
Read the certification at the bottom of the page and complete the “Page ___ of ___” accordingly.
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ATTACHMENT 4 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS 1.
Invoicing and Payment: A.
For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this Agreement.
B.
Payment shall be made monthly in arrears upon satisfactory performance of work and upon receipt of an invoice received and approved by the Building Manager or State’s designated representative(s).
C.
The invoice must be submitted on Contractor’s letterhead signed by authorized representative, and include: 1) Agreement number 2) Time period covered 3) Work completed for the period shall be identified (detailed statement of services)
D.
Submit invoices monthly to: Department of General Services Office of Fiscal Services Program Support Accounting Section 707 3rd Street, Suite 1-120 West Sacramento, CA 95605 Attention: Accounts Payable-BPM
2.
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 program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.
B.
If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount.
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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State of California
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EXHIBIT B, ATTACHMENT 1 COST SHEET SECURITY GUARD SERVICES By virtue of submitting a bid, the undersigned Bidder is accepting the terms and conditions contained in this IFB. The undersigned Bidder hereby proposes and agrees to furnish all labor, materials, and equipment, to perform all work required for the above-titled services in accordance with the Scope of Work and such addenda thereto as may be issued prior to the public bid opening date and in accordance with prevailing wage rates, as applicable, by the Department of Industrial Relations which can be obtained on the internet at www.dir.ca.gov. The rates, set forth below, shall remain in force for the stated term of the Agreement and shall include the cost of insurance, State sales tax, and every other item of expense, direct or indirect, incidental to the Total Bid Price. Rates must be provided for all services listed below. Failure to provide the required rates shall be cause for rejection of your bid.
Classification
Hourly Rate
Total per category (Hourly Rate x Total hours per week)
Sample number of hours per week
Security Guard $ Supervisor $ Site Manager $
32 32 32
TOTAL FOR HOURLY RATE (SUM OF TOTAL PER CATEGORY) $
Overtime and Holiday Hourly Rate
Classification
Sample number of hours per week
Total per category (Overtime and Holiday Hourly Rate x Total hours per week)
Security Guard $ 16 Supervisor $ 16 Site Manager $ 16 TOTAL FOR OVERTIME & HOLIDAY HOURLY RATE (SUM OF $ TOTAL PER CATEGORY) TOTAL HOURLY RATE + OVERTIME & HOLIDAY
$
By signing below bidder swears under penalty of perjury that bid is true and correct and that Bidder has read and understands all bid documents and addenda contained herein. Company Name: Contractor’s Signature:
Contractor’s Name: Title or Position:
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ATTACHMENT 5
BIDDER REFERENCES Submission of this attachment is mandatory. Failure to complete and return this attachment with your bid will cause your bid to be rejected and deemed nonresponsive.
List below three references for services performed within the last five years, which are similar to the scope of work to be performed in this contract.
REFERENCE 1 Name of Firm Street Address Contact Person Dates of Service Brief Description of Service Provided
City
State Telephone Number Value or Cost of Service
Zip Code
City
State Telephone Number Value or Cost of Service
Zip Code
State Telephone Number Value or Cost of Service
Zip Code
REFERENCE 2 Name of Firm Street Address Contact Person Dates of Service Brief Description of Service Provided
REFERENCE 3 Name of Firm Street Address Contact Person Dates of Service Brief Description of Service Provided
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City
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State of California
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COMMERCIALLY USEFUL FUNCTION CERTIFICATION
Name: _________________________________________________ (Print name of Bidder)
On January 1, 2004, Chapter 623, Statutes of 2003, became effective and required all Small Businesses, Micro-Businesses and Disabled Veteran Business Enterprises to perform a “commercially useful function” in any contract they perform for the State. A business that is performing a commercially useful function is one that does ALL of the following:
1) 2) 3) 4)
Is responsible for 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. 5) Is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment. If Bidder is an SB or DVBE they must provide certification for themselves as well as a certification for each subcontractor claiming preference points for the agreement. The Bidder must provide a written statement detailing the role, services and/or goods they (if they are a SB/DVBE) and/or their subcontractor(s) will provide to meet all of the above five Commercially Useful Function (C.U.F.) requirements as certification that they and/or their subcontractors are performing a commercially useful function.
_____________________________________ (Contractor’s name being certified with a C.U.F.)
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________ (Bidder’s Signature)
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State of California STATE OF CALIFORNIA – DEPARTMENT OF FINANCE
PAYEE DATA RECORD (Required when receiving payment from the State of California in lieu of IRS W-9) STD. 204 (Rev. 6-2003)
INSTRUCTIONS: Complete all information on this form. Sign, data, and return to the State agency (department/office) address shown at the bottom of this page. Prompt return of this fully completed form will prevent delays when processing payments. Information provided in this form will be used by State agencies to prepare information Returns (1099). See reverse side for more information and Privacy Statement. NOTE: Government entities, federal, State, and local (including school districts), are not required to submit this form. PAYEE’S LEGAL BUSINESS NAME (Type or Print) SOLE PROPRIETOR - ENTER NAME AS SHOWN ON SSN (Last, First, M.I.)
MAILING ADDRESS
BUSINESS ADDRESS
CITY, STATE, ZIP CODE
CITY, STATE, ZIP CODE
ENTER FEDERAL EMPLOYER IDENTIFICATION NUMBER (FEIN):
PAYEE ENTITY TYPE
PARTNERSHIP ESTATE OR TRUST
CHECK ONE BOX ONLY
.
PAYEE RESIDENCY STATUE
-
-
Payment will not be processed without an accompanying taxpayer I.D. number.
-
(SSN required by authority of California Revenue and Tax Code Section 18646)
California resident - Qualified to do business in California or maintains a permanent place of business in California. California nonresident (see reverse side) - Payments to nonresidents for services may be subject to State income tax withholding. No services performed in California. Copy of Franchise Tax Board waiver of State withholding attached.
I hereby certify under penalty of perjury that the information provided on this document is true and correct. Should my residency status change, I will promptly notify the State agency below. AUTHORIZED PAYEE REPRESENTATIVE’S NAME (Type or Print) SIGNATURE
NOTE:
CORPORATION: MEDICAL (e.g., dentistry, psychotherapy, chiropractic, etc.) LEGAL (e.g., attorney services) EXEMPT (nonprofit) ALL OTHERS
INDIVIDUAL OR SOLE PROPRIETOR ENTER SOCIAL SECURITY NUMBER:
E-MAIL ADDRESS
TITLE
DATE
TELEPHONE
Please return completed form to: Department/Office:
Department of General Services, OBAS
Unit/Section:
Contracts Management Section
Mailing Address:
707 3 Street, Suite 2-300
City/State/Zip:
West Sacramento, CA 95605
Telephone:
(916)
rd
376-1768
Fax:
(916)
376-1778
E-mail Address:
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State of California
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STATE OF CALIFORNIA – DEPARTMENT OF FINANCE
PAYEE DATA RECORD STD. 204 (Rev. 6-2003) (REVERSE)
1
Requirement to Complete Payee Date Record, STD. 204 A completed Payee Date Record, STD. 204, is required for payment to all non-governmental entities and will be kept on file at each State agency. Since each State agency with which you do business must have a separate STD. 204 on file, it is possible for a payee to receive this form from various State agencies. Payees who do not wish to complete the STD. 204 may elect not to do business with the State. If the payee does not complete the STD. 204 and the required payee data is not otherwise provided, payment may be reduced for federal backup withholding and nonresident State income tax withholding. Amounts reported on Information Returns (1099) are in accordance with the Internal Revenue Code and the California Revenue and Taxation Code.
2
Enter the payee’s legal business name. Sole proprietorships must also include the owner’s full name. An individual must list his/her full name. The mailing address should be the address at which the payee chooses to receive correspondence. Do not enter payment address or lock box information here.
3
Check the box that corresponds to the payee business type. Check only one box. Corporations must check the box that identifies the type of corporation. The State of California requires that all parties entering into business transactions that may lead to payment(s) from the State provide their Taxpayer Identification Number (TIN). The TIN is required by the California Revenue and Taxation Code Section 18646 to facilitate tax compliance enforcement activities and the preparation of Form 1099 and other information returns as required by the Internal Revenue Code Section 6109(a). The TIN for individuals and sole proprietorships is the Social Security Number (SSN). Only partnerships, estates, trusts, and corporations will enter their Federal Identification Number (FEIN).
4
Are you a California resident or nonresident? A corporation will be defined as a “resident” if it has a permanent place of business in California or is qualified through the Secretary of State to do business in California A partnership is considered a resident partnership if it has a permanent place of business in California. An estate is a resident if the decedent was a California resident at time of death. A trust is a resident if a least one trustee is a California Resident. For individuals and sole proprietors, the term “resident” includes every individual who is in California for other than a temporary or transitory purpose and any individual domiciled in California who is absent for a temporary or transitory purpose. Generally, an individual who come to California for a purpose that will extend over a long or indefinite period will be considered a resident. However, an individual who comes to perform a particular contract of short duration will be considered a nonresident. Payments to all nonresidents may be subject to withholding. Nonresident payees performing services in California or receiving rent, lease, or royalty payments from property (real or personal) located in California will have 7% of their total payments withheld for State income taxes. However, no withholding is required if total payments to the payee are $1,500 or less for the calendar year. For information on Nonresident Withholding, contact the Franchise Tax Board at the numbers listed below: Withholding Services and Compliance Section: 1-888-792-4900 E-mail address:
[email protected] For hearing impaired with TDD call: 1-800-822-6268 Website: www.ftb.ca.gov
5
Provide the name, title, signature, and telephone number of the individual completing this form. Provide the date the form was completed.
6
This section must be completed by the State agency requesting the STD. 204. Privacy Statement Section 7(b) of the Privacy Act of 1974 (Public Law 93-579) required that any federal, State, or local government agency, which requests and individual to disclose their social security account number, shall inform that individual whether that disclosure is mandatory or voluntary, by which statutory or other authority such number is solicited, and what uses will be made of it. It is mandatory to furnish the information requested. Federal law requires that payment for which the requested information is not provided is subject to federal backup withholding and State law imposes noncompliance penalties of up to $20,000. You have the right to access records containing your personal information, such as your SSN. To exercise that right, please contact the business services unit or the accounts payable unit of the State agency(ies) with which you transact that business. All questions should be referred to the requesting State agency listed on the bottom front of this form.
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State of California
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ATTACHMENT 8
CONTRACTORS CERTIFICATION CLAUSE CCC-307 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
CONTRACTOR CERTIFICATION CLAUSES 1. 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.) 2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about: 1) the dangers of drug abuse in the workplace; 2) the person's or organization's policy of maintaining a drug-free workplace;
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3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will: 1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.) 3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.) 4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 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 lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State. Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services. 5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.
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State of California
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6. 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). 7. DOMESTIC PARTNERS: For contracts over $100,000 executed or amended after January 1, 2007, the contractor certifies that contractor is in compliance with Public Contract Code section 10295.3.
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State of California
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DOING BUSINESS WITH THE STATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of California. 1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification. Current State Employees (Pub. Contract Code §10410): 1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (Pub. Contract Code §10411): 1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decisionmaking process relevant to the contract while employed in any capacity by any state agency. 2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service. If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e)) 2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)
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3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) 4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. 5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. 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. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State. 6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 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. 8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity.
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ATTACHMENT 9 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 proposal 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 proposal. 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 proposal, 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 proposer/bidder named below is not a scrutinized company per Public Contract Code 10476; and b) I am duly authorized to legally bind the prospective proposer/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 proposal 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 proposal, 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 proposal pursuant to Public Contract Code section 10477(b). A copy of the written permission from DGS is included with our bid or proposal. Company/Vendor Name (Printed)
Federal ID Number
Initials of Submitter Printed Name and Title of Person Initialing
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State of California
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ATTACHMENT 10 IRAN CONTRACTING ACT Prior to bidding on, submitting a proposal or executing a contract or renewal for a State of California contract for goods or services of $1,000,000 or more, a vendor must either: a) certify it is not on the current list of persons engaged in investment activities in Iran created by the California Department of General Services (“DGS”) pursuant to Public Contract Code section 2203(b) and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for 45 days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS; or b) demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to Public Contract Code section 2203(c) or (d). To comply with this requirement, please insert your vendor or financial institution name and Federal ID Number (if available) and complete one of the options below. Please note: California law establishes penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made; contract termination; and three-year ineligibility to bid on contracts. (Public Contract Code section 2205.) OPTION #1 - CERTIFICATION I, the official named below, certify I am duly authorized to execute this certification on behalf of the vendor/financial institution identified below, and the vendor/financial institution identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person/vendor, for 45 days or more, if that other person/vendor will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS. Vendor Name/Financial Institution (Printed)
Federal ID Number (or n/a)
By (Authorized Signature) Printed Name and Title of Person Signing Date Executed
Executed in
OPTION #2 – EXEMPTION Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services. If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below, and attach documentation demonstrating the exemption approval. Vendor Name/Financial Institution (Printed)
Federal ID Number (or n/a)
By (Authorized Signature) Printed Name and Title of Person Signing
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Date Executed
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State of California
Security Guard Services, EG Brown BidBuilding CR3174970 CR3174970
SAMPLE STANDARD AGREEMENT Sample Standard Agreement STD. 213 Form 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 Agreement is:
3.
The maximum amount of this Agreement is:
through
$
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 B-1 - Cost Sheet
page(s)
Exhibit C* – General Terms and Conditions
page(s)
Exhibit D -- Additional Provisions Exhibit E – Special Terms and Conditions
page(s) page(s)
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 CONTRACTOR’S NAME (if other than an individual, state whether a corporation, BY (Authorized Signature) PRINTED NAME AND TITLE OF PERSON SIGNING
California Department of General Services Use Only
DATE SIGNED(Do not type)
ADDRESS STATE OF CALIFORNIA AGENCY NAME BY (Authorized Signature) PRINTED NAME AND TITLE OF PERSON SIGNING
DATE SIGNED(Do not type)
Exempt per:
ADDRESS
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State of California
Security Guard Services, EG Brown BidBuilding CR3174970 CR3174970
EXHIBIT A SCOPE OF WORK SECURITY GUARD SERVICES 1.
PROJECT SUMMARY The Contractor shall provide all labor, equipment, uniforms, and materials required to provide Security Guard services. The Building Manager/State’s Representative will establish the actual deployment and duties of the Guards to meet the security staffing needs for the site (i.e. Post Orders). The Building Manager will provide the Contractor with at least forty-eight (48) hours verbal notice of changes in the deployment.
2.
PROJECT LOCATION Governor Edmund G. Pat Brown Building (418) 505 Van Ness Avenue San Francisco, CA 94102
3.
AGREEMENT TERM The term of this Agreement shall be July 1, 2014 through June 30, 2017, or upon approval by the Department of General Services, Office of Legal Services, whichever is later.
4.
WORK HOURS AND DAYS OF THE WEEK Contractor shall provide unarmed, uniformed security guard services Sunday through Saturday, 24 hours/7 days a week/365 days a year. Refer to Exhibit A, Attachment 1, Post Orders. The numbers listed are approximate and provided for informational purposes. The positions needed to work on holidays are marked with an asterisk. Refer to H. Amendments, 1. Additional Services regarding State holidays.
5.
PROJECT REPRESENTATIVES State Agency: Name and Title: Address: City, State, Zip: Phone: E-Mail
Department of General Services, Real Estate Services Division, Building and Property Management Branch David Omosheyin, Office Building Manager III 505 Van Ness Avenue San Francisco, CA 94102 415-703-2936
[email protected]
Contractor: Name and Title: Address: City, State, Zip: Phone: E-Mail
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State of California
6.
SPECIFICATIONS A.
Security Guard Services, EG Brown BidBuilding CR3174970 CR3174970
MINIMUM REQUIREMENTS 1) Guards must have adequate commercial hi-rise and court facilities’ experience and inhouse training for their assignments under this agreement. Guards must have at the time of assignment, current registration cards issued by the California Department of Consumer Affairs, Bureau of Collection and Investigative Services. All Guards assigned to work under this Agreement must have been found to be in good physical condition for the work they are to perform. Guards must be fully capable of performing work requiring moderate to arduous physical exertion under either normal or emergency conditions. Guards must be mentally alert and capable of exercising good judgment, implementing instructions, and assimilating necessary specialized training. Guards shall possess good distance vision in each eye, corrected to 20/30 on the Snellen Chart. Any hearing loss cannot exceed either 30 decibels in both ears, or 35 decibels in the poorer ear. 2) Guards must possess a United States high school diploma or G.E.D equivalent and have the ability to speak, read, and write the English language; can understand and carry out oral and written directions; can write accurate and clear reports in the English language, and be able to monitor environmental and electronic security systems. 3) Prior to their initial assignment, Guards are required to have received, in addition to any Department of Consumer Affairs required training, training in security and emergency procedures (including high-rise office emergency procedures), crowd control, and public relations. 4) The State has discretion to reject the hiring of a Guard for any reason. The State has discretion to instruct the Contractor to remove any Guard from the Building for any reason. 5) All Guards must pass and show proof of a DOJ clearance before beginning work.
B.
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POST INSTRUCTIONS At all times, the Guards shall be familiar with, but not limited to, the following specific post instructions: 1) Emergency telephone numbers 2) Emergency fire and fire alarm procedures 3) Emergency intrusions alarm procedures 4) Floor plans (location of alarms and alarmed doors) 5) Medical emergencies 6) Elevator emergencies/malfunctions 7) Bomb threats 8) Earthquakes 9) Active Shooter 10) Biological and Chemical threats and incidents 11) Access Control 12) Deliveries 13) Equipment removal policy and procedures 14) Building patrol procedures 15) Life/safety systems. 16) Interdiction Procedures 17) X-Ray Machine 18) Wand Screening 19) Magnetometer Screening 20) Operation of the building’s Public Address System at any time including emergency and evacuations of the building
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State of California
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C.
UNIFORMS: Contractor to provide requisite uniforms at no cost to State or individual guard employees. All Guards will be uniformed in navy blue overcoat, when necessary, navy blue blazer or black paramilitary sweater, charcoal gray pants, uniform tie, black shoes, and white uniform shirt. Guards must wear their name tag on their uniform while on duty. All uniform and auxiliary equipment must be approved by the State. Any changes in the uniform style or color shall be approved by the State and provided by Contractor at no additional cost to the State, and at no expense to the individual employee. All uniform markings, patches, and colors shall be distinctive from uniforms worn by local law enforcement personnel. Skirts are not permitted.
D.
REQUIRED AND PROHIBITED ACTIVITIES: Contractor shall ensure all assigned Guards meet the following standards of conduct and appearance: 1) Maintain clean and neat appearance and a courteous attitude. 2) Guards shall keep their uniforms in good condition, cleaned and pressed, and shall wear a complete uniform at all times while on duty. 3) Guards shall demonstrate proficiency in the performance of their duties. 4) Guards shall maintain high visibility, answer routine questions for directions and handle minor problems. 5) Contractor employees providing services under this Contact must be registered with and possess current registration cards from the California Department of Consumer Affairs, Bureau of Collection and Investigative Services, as a Security Officer, Security Officer II, Supervisor I or II, or Senior Supervisor. At all times while on duty, each must carry their current California Department of Consumer Affairs permanent registration card. Contractor is responsible for ensuring all of its employees’ required registrations, licenses, and/or permits are current at all times. Temporary cards are not acceptable. 6) Beginning at the time of assignment, all un-armed Guards must carry either a valid California Driver’s license or a Department of Motor Vehicles California Identification Card, at all times, while on duty. 7) All Guards assigned to this Contract shall successfully pass a pre-employment drug screening provided by the Contractor, within six (6) months of the start of assignment, at no additional cost to the State. Prior to the start of the contract, the State will have the Department of Justice (DOJ) perform a background check on all Guards assigned to this Contract. Only Guards who successfully pass the DOJ background check will be permitted to work at this location. 8) Substandard performance of any kind will not be allowed. The State reserves the right to refuse or reject any assigned Guard, who, in the State’s belief, fails to meet the minimum requirements as set forth in this Agreement. If a Guard is deemed unfit while on duty, the Contractor shall immediately replace that Guard with one which meets the contract requirements, no later than two (2) hours following the notification. 9) This Contract will require the following security classifications: Security Guard I (SGI) Typical duties include, but are not limited to: Monitoring the entry and exit of personnel at the facility, inspecting the facility to ensure doors, windows, and roofs are secure, protection of State property and theft prevention by physical presence while making
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State of California
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security checks throughout the facility and grounds, reporting unusual conditions to the proper personnel, including law enforcement, maintaining security logs, writing reports, and notifying the appropriate client agency personnel and California Highway Patrol. Duties also to include, but not be limited to perform visual, x-ray station, magnetometer and wand screening of all visitors, and operate complex computer equipment for fire, intrusion, and other types of alarm systems. The State may assign other complex duties related to security services as deemed necessary.
Security Guard Supervisor (SGS): Typical duties include, but are not limited to, ensuring staffing levels are met and ensuring security staff arrive on time and are prepared to begin work, observing the security guards’ work habits, appearance, and overall performance, and verifying applicable patrol. Security Guard Manager (SGM): The Security Guard Manager may perform all of the functions of the Supervisor and is responsible for the Contractor’s performance under the terms of this Contract. 10) While on duty at the State Facility, Guards shall not: a. Listen to radios or any other audio medium which is not job related. b. Watch television or use any type of computer, which is not job related. c. Read any materials which are not job related. d. Use State telephones for other than State business. e. Leave their area of responsibility. f. Entertain personal visitors. g. Be under the influence of illegal drugs or alcohol. h. Be under the influence of prescribed medications which may affect job performance. i. Display a discourteous, abrasive, or belligerent attitude. j. Sleep, nap, or be inattentive. k. Use their personal cell phone. l. Use any personal electronic devices such as iPads, smart phones, personal computers, etc. E.
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REPORTING: 1) Guards shall complete all security reports which are required by the State. Written activity reports are required daily. These reports are to be submitted to the Building Manager. Reports shall include, but not be limited to: a. Identify any exterior doors not properly secured. If the situation is of a suspicious nature, the appropriate law enforcement agency should be notified. b. Identify any exterior doors with defective hardware which might affect building security. c. Report any incidents or conditions affecting the safety or security of the building or occupants. d. Report any defective exterior lights. e. Note any areas where staff is working after hours. f. Report unusual circumstances, suspicious persons, and any other problems encountered to this appropriate law enforcement agency. g. Assault, burglary, robbery, vandalism, or any suspicious activities shall be reported to the appropriate law enforcement agency. If an emergency dial 9-911. h. A seriously injured or ill person, i.e. heart attack, stroke, or seizure, should be reported by calling 9-911. i. Fire or smoke: Call 9-911 and alert building occupants. j. Electrical outages, broken pipes, smashed windows, etc., notify those persons designated by the State and request the appropriate Building & Property Management (BPM) staff (i.e.: Building Manager, Chief Building Engineer, Custodial Supervisor)/State Representative be notified in order to affect immediate repairs. k. Contractor will complete all reports dealing with security, law violation, injury, and appropriate incident reports as required.
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State of California
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2) The Building Manager shall be immediately notified at (415) 703-2936 and/or Building Radio by the Account Supervisor or Site Manager of any of the following occurrences: a. Any major security/safety conditions occurring in the facility, i.e. fire, felony crimes. b. Any employee of the Contractor (assigned to this facility) who is arrested or otherwise becomes the focus of a criminal investigation. c. Any and all complaints. d. Any criminal, observed safety, or observed health hazard at the facility which could affect the building operation. 3) Contractor acknowledges failure to comply with the provisions of Government Code Section 19134 which requires Contractor to provide employee benefits valued at least 85% of the state employer cost of benefits provided to state employees for performing similar duties. Per Government Code Section 19134, the Contractor is required to submit monthly reports to the Building Manager, documenting wages and benefits paid to each employee working on the contract. Failure to comply will be deemed a material breach of this Contract which could subject the contract to immediate termination at the State’s sole option. This Contract and all documents relating to implementation of Section 19134 are subject to audit by the Department of General Services, the Bureau of State Audits, and/or the State or its designee. F.
PARKING Parking is not provided. Security Guards will need to make their own personal parking arrangements. Public paid parking is available at adjacent or nearby public parking facilities.
G.
MANDATED WAGE & BENEFIT RATES The wages are calculated against the State Personnel Board wages as shown on the Department of Human Resources (CalHR) web page, http://www.calhr.ca.gov/state-hrprofessionals/Pages/personal-services-contracts.aspx for Lead Security Guard and Security Guard classification rates effective February 2, 2014, and are subject to increase or decrease in accordance with the State budgeting process. The benefit rate is published by the CalHR February 1st of every year and is effective until January 31st of the following year. If the rates should change during the contract period, the contract will be amended to reflect the rate change with an effective date retroactive to the date the rate changes. . The Contractor shall not pay its employees less than the Lead Security Guard and Security Guard classification rates established by the Department of Human Resources for contracts executed, extended, or renewed on or after July 1, 2003: http://www.calhr.ca.gov/state-hrprofessionals/Pages/current-rates-on-or-after-20030701.aspx. For purposes of this contract, the “Benefit” rate will apply, which will be added to the hourly pay rate of each employee. Classification Lead Security Guard Security Guard
H.
Basic Hourly Rate $11.04 $10.66
Benefit Rate $8.46 $8.32
Total Rates Blended: $19.50 $18.98
AMENDMENTS: This Contract may be amended with written mutual consent of both parties and approved as required. 1. ADDITIONAL SERVICES Contractor shall be paid for additional services, including additional Guards needed during construction or repair projects, and special events, including but not limited to, Pride Weekend in June, Folsom Street Fest in October, Special City Events & Sports Parades, etc. Contractor shall provide additional Guard shifts, as needed for these events, construction and repairs, at the Basic Hourly Rates, and shall not bill the State for these additional shifts as “overtime” hours.
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Contractor shall use its billing rates as listed on the Cost Sheet for these types of service on its invoices, and shall separately list any additional services with a specific description of the Guards provided, the specific date(s), and specifically why these Guards were required (what Event, repair, construction, etc.). All such additional services must be pre-approved in writing by the Building Manager or State designated representative, and a copy of the signed approval must be submitted with the invoice, or it will not be paid. Contractor is entitled to claim holiday and overtime rates only in the event it pays its employee overtime and holiday rates for those times Contractor claims such rates. In no event will Contractor charge overtime if Contractor fails to meet staffing obligations as outlined in the contract. Overtime will be credited on a one-quarter of an hour basis with a full quarter hour credit to be granted if half or more of the period is worked. In order to provide a consistent means of calculating time expended, the following time increments will govern overtime compensation: Actual overtime worked in minutes 0 to 7 8 to 22 23 to 37 38 to 52 53 to 60
Overtime compensation in fraction of hour None .25 .50 .75 1.00
State holidays are as follows: New Year's Day Martin Luther King, Jr. Day President's Day Cesar Chavez Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving (Thursday and Friday) Christmas Day State holidays are subject to collective bargaining and may change during the term of this contract. 2. Emergencies and unexpected events will be authorized on a case-by-case basis, and may be paid through a Service Order. END OF CONTRACT
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State of California
Security Guard Services, EG Brown BidBuilding CR3174970 CR3174970
NORMAL WEEKLY HOURS Station/Position Coverage Hours Hours per day Days per week Hours per week Day Mon. - Fri. *Day Rover 6:00 am - 3:00 pm 8 5 40 *Day Rover 8:30 am - 3:00 pm 8 5 40 *Console 8:00 am - 5:00 pm 8 5 40 Podium 7:30 am - 4:30 pm 8 5 40 Auditorium 8:00 am - 4:30 pm 8 5 40 Loading Dock 8:00 am - 5:00 pm 8 5 40 Garage 6:00 am - 2:00 pm 8 5 40 Garage 10:00 am - 6:00 pm 8 5 40 Swing Mon. - Fri. *Console 1:30 pm - 9:30 pm 8 5 40 *Rover 6:00 pm - 12:00 am 6 6 36 Graves Mon. - Fri. *Console 10:00 pm - 6:00 am 8 5 40 *Rover 12:00 am - 6:00 am 6 6 36 Weekend Sat. - Sun. Rover 8:00 am - 4:00 pm 8 2 16 Rover 4:00 pm - 12:00 am 8 2 16 Rover 12:00 am - 8:00 am 8 2 16 Relief Mon. - Sun. Relief(OT Rate) Various Shifts 16 5 80 Mon. - Fri. Site Manager 8:00 am - 5:00 pm 8 5 40 Supervisor 6:00 am - 3:00 pm 8 5 40 Total Hours Per Week 680 *Denotes postions that are subject to working on State holidays SEASONAL OPERA HOURS Station/Position Swing Seasonal Opera Seasonal Opera Weekend Seasonal Opera Seasonal Opera
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Coverage Hours Mon. - Fri. 6:00 pm - 12:00 am 6:00 pm - 12:00 am Sat. - Sun. 6:00 pm - 12:00 am 6:00 pm - 12:00 am
Hours per day
Days per Season
Hours per Season
6 6
47 47
282 282
6 13 6 13 Total Hours Per Opera Season
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State of California
Security Guard Services, EG Brown BidBuilding CR3174970 CR3174970
EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS 1.
Invoicing and Payment: A.
For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this Agreement.
B.
Payment shall be made monthly in arrears upon satisfactory performance of work and upon receipt of an invoice received and approved by the Building Manager or State’s designated representative(s).
C.
The invoice must be submitted on Contractor’s letterhead signed by authorized representative, and include: 1) Agreement number 2) Time period covered 3) Work completed for the period shall be identified (detailed statement of services)
D.
Submit invoices monthly to: Department of General Services Office of Fiscal Services Program Support Accounting Section 707 3rd Street, Suite 1-120 West Sacramento, CA 95605 Attention: Accounts Payable-BPM
2.
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 program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.
B.
If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount.
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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State of California
Security Guard Services, EG Brown BidBuilding CR3174970 CR3174970
EXHIBIT B, ATTACHMENT 1 COST SHEET SECURITY GUARD SERVICES By virtue of submitting a bid, the undersigned Bidder is accepting the terms and conditions contained in this IFB. The undersigned Bidder hereby proposes and agrees to furnish all labor, materials, and equipment, to perform all work required for the above-titled services in accordance with the Scope of Work and such addenda thereto as may be issued prior to the public bid opening date and in accordance with prevailing wage rates, as applicable, by the Department of Industrial Relations which can be obtained on the internet at www.dir.ca.gov. The rates, set forth below, shall remain in force for the stated term of the Agreement and shall include the cost of insurance, State sales tax, and every other item of expense, direct or indirect, incidental to the Total Bid Price. Rates must be provided for all services listed below. Failure to provide the required rates shall be cause for rejection of your bid.
Classification
Hourly Rate
Total per category (Hourly Rate x Total hours per week)
Sample number of hours per week
Security Guard $ Supervisor $ Site Manager $
32 32 32
TOTAL FOR HOURLY RATE (SUM OF TOTAL PER CATEGORY) $
Overtime and Holiday Hourly Rate
Classification
Sample number of hours per week
Total per category (Overtime and Holiday Hourly Rate x Total hours per week)
Security Guard $ 16 Supervisor $ 16 Site Manager $ 16 TOTAL FOR OVERTIME & HOLIDAY HOURLY RATE (SUM OF $ TOTAL PER CATEGORY) TOTAL HOURLY RATE + OVERTIME & HOLIDAY
$
By signing below bidder swears under penalty of perjury that bid is true and correct and that Bidder has read and understands all bid documents and addenda contained herein. Company Name: Contractor’s Signature:
Contractor’s Name: Title or Position:
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State of California
Security Guard Services, EG Brown BidBuilding CR3174970 CR3174970
EXHIBIT C GENERAL TERMS AND CONDITIONS (GTC) GTC 610
PLEASE NOTE: This page will not be included with the final Agreement. The General Terms and Conditions, GTC 610, will be included in the Agreement by reference to Internet site: http://www.ols.dgs.ca.gov/Standard+Language.
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State of California
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EXHIBIT D 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, local sales or use taxes on the services rendered, equipment or parts supplied pursuant to this Agreement. California may pay any applicable sales or use tax imposed by another State.
2.
SETTLEMENT OF DISPUTES In the event of a dispute, Contractor shall file a “Notice of Dispute” with Department of General Services, Chief of the Office of Business and Acquisition Services, within ten (10) calendar days of discovery of the problem. Within ten (10) calendar days the Chief shall meet with the Contractor and Building Manager for purposes of resolving the dispute. The decision of the Chief shall be final. In the event of a dispute, the language contained within this Agreement shall prevail over any other language including the bid proposal.
3.
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.
4.
POTENTIAL SUBCONTRACTORS Nothing contained in this Agreement or otherwise shall create any contractual relationship between the State and any subcontractors, and no subcontractors shall relieve the Contractor of its responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor's obligation to pay its 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 enforce the payment of any monies to any subcontractor.
5.
RIGHT TO TERMINATE The State reserves the right to terminate this agreement immediately if any emergency situation arises which causes the closure of the facility. The State reserves the right to cancel all or a portion of the service for any reason, subject to thirty (30) days written notice to the Contractor. The agreement can be immediately terminated for cause. The term “for cause” shall mean that the Contractor fails to meet the terms, conditions, and/or responsibilities of the contract. In this instance, the contract termination shall be effective as of the date indicated on the State’s notification to the Contractor.
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State of California
6.
INSURANCE A. General Provisions Applying to All Policies 1) Coverage Term – Coverage needs to be in force for the complete term of the contract. If insurance expires during the term of the contract, a new certificate must be received by the State at least ten (10) days prior to the expiration of this insurance. Any new insurance must still comply with the original terms of the contract. 2) Policy Cancellation or Termination and Notice of Non-Renewal – Insurance policies shall contain a provision stating coverage will not be cancelled without thirty (30) days prior written notice to the State. 3) Keep In Effect - In the event Contractor fails to keep in effect at all times the specified insurance coverage, the State may, in addition to any other remedies it may have, terminate this Agreement upon the occurrence of such event, subject to the provisions of this Agreement. 4) Deductible - Contractor is responsible for any deductible or self-insured retention contained within their insurance program. 5) Primary Clause – Any required insurance contained in this Agreement shall be primary, and not excess or contributory, to any other insurance carried by the State. 6) Insurance Carrier Required Rating – All insurance companies must carry a rating acceptable to the State of California, Department of General Services, Office of Risk and Insurance Management (ORIM). If the Contractor is self insured for a portion or all of its insurance, review of financial information including a letter of credit may be required. 7) Endorsements – Any required endorsements requested by the State must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance. 8) Inadequate Insurance – Inadequate or lack of insurance does not negate the Contractor’s obligations under the Agreement. 9) Use of Subcontractors - In the case of Contractor’s utilization of subcontractors to complete the contracted scope of work, contractor shall include all subcontractors as insured’s under Contractor’s insurance or supply evidence of subcontractor’s insurance to the State equal to policies, coverage’s, and limits required of Contractor. B.
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Security Guard Services, EG Brown BidBuilding CR3174970 CR3174970
Insurance Requirements 1) Commercial General Liability – Contractor shall maintain general liability on an occurrence form with limits not less than $1,000,000 per occurrence for bodily injury and property damage liability combined with a $2,000,000 annual policy aggregate. The policy shall include coverage for liabilities arising out of premises, operations, independent contractors, products, 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. The policy must include: a. The State of California, its officers, agents, employees and servants as additional insured’s, but only with respect to work performed under the Agreement. This endorsement must be supplied under form acceptable to the State of California, Department of General Services, Office of Risk and Insurance Management. b. In the case of Contractor’s utilization of subcontractors to complete the
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State of California
2)
3)
4)
Security Guard Services, EG Brown BidBuilding CR3174970 CR3174970
contracted scope of work, Contractor shall include all subcontractors as insured’s under Contractor’s insurance or supply evidence of insurance to the State equal to policies, coverages and limits required of Contractor. Automobile Liability – Contractor shall maintain motor vehicle liability with limits not less than $1,000,000 combined single limit per accident. Such insurance shall cover liability arising out of a motor vehicle including owned, hired and non-owned motor vehicles. Workers Compensation and Employer’s Liability – The contractor shall maintain statutory workers’ compensation and employers’ liability with a limit no less than $1,000,000. When is performed on State owned or controlled property the workers’ compensation policy shall contain a waiver of subrogation in favor of the State. The waiver of subrogation endorsement shall be provided. Certificate of Insurance - The Contractor shall furnish a Certificate of Insurance. The Certificate of Insurance will provide the above listed liability coverages and the Certificate Holder shall read: Department of General Services Administration Division – Office of Business and Acquisition Services Contract Management Section 707 Third Street, 2nd Floor, Suite 2-300 West Sacramento, CA 95605
7.
RULES/REGULATIONS Contractor shall observe and comply with all federal, state, city, and county laws, rules or regulations affecting the services. Any work done that does not comply with any laws, rules, or regulations will be remedied at the Contractor’s expense.
8.
LICENSES AND PERMITS The Contractor shall be an individual or firm licensed to do business in California and shall obtain at his/her expense all license(s) and permit(s) required by law for accomplishing any work required in connection with this Agreement.
9.
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A.
If you are a Contractor located within the State of California, a business license from the city/county in which you are headquartered is necessary; however, if you are a corporation, a copy of your incorporation documents/letter from the Secretary of State’s Office can be submitted. If you are a Contractor outside the State of California, you will need to submit to the Department of General Services a copy of your business license or incorporation papers for you respective State showing that your company is in “good standing” in that State.
B.
In the event, any license(s) and /or permit(s) expire at any time during the term of this Agreement, Contractor agrees to provide agency a copy of the renewed license(s) and//or permit(s) within thirty (30) days following the expiration date. In the event the Contractor fails to keep in effect at all times all required license(s) and permit(s), the State may, in addition to any other remedies it may have, terminate this Agreement upon occurrence of such event.
COMMENCEMENT OF WORK After the award and execution of this Agreement, should the Contractor fail to commence work within five (5) workdays after written notification of the start date, or suspend work for a period of five (5) continuous workdays after work has begun, and these delays are not caused by the State, the Agreement may be terminated by the State.
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10.
11.
Security Guard Services, EG Brown BidBuilding CR3174970 CR3174970
PERSONNEL Contractor’s employees, including supervisors, working on State of California, Building and Property Management property shall: A.
Be neatly attired at all times and must wear clothing with Contractor’s name identification.
B.
Designate an on-site supervisor and provide in writing the name, cellular telephone and/or pager number to the Building Manager two (2) weeks prior to the start date. The “supervisor” means a qualified, responsible and knowledgeable person designated in writing by the Contractor having authority to act for the Contractor on a day-to-day basis at the work-site.
C.
Contractor must supply the State’s designated representative with the names and driver’s license numbers of personnel working in the Building. If any changes in personnel are made, the State’s designated representative shall be notified prior to the change.
D.
Contractor agrees that all services shall be performed by trained maintenance and repair personnel directly employed and supervised by the Contractor. All work shall be performed by a journeyman level mechanic as a minimum.
E.
Apprentices and helpers may not work alone.
F.
In the event that the State becomes dissatisfied with the performance of any persons assigned to perform the services under this Agreement, Contractor agrees, upon request from State's designated representative, to assign other qualified personnel to perform these services.
CODE COMPLIANCE/RULES AND REGULATIONS Contractor warrants and certifies that in the performance of this Agreement, it will comply with all applicable statutes, rules, regulations and orders of the United States and the State of California and agrees to indemnify the State against any loss, cost, damage or liability by reason of Contractor’s violation of this provision. Any work done that does not comply with any laws, rules, or regulations will be remedied at the Contractor’s expense and may be cause for termination of this Agreement.
12.
DAMAGES Any damage to existing facilities or structures resulting from this work shall be reported immediately to the State and be repaired immediately by the Contractor to the satisfaction of the State, at no cost to the State. Such repairs shall comply with all applicable provisions of this Agreement
13.
FORCE MAJEURE Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the work arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include, but are not limited to: a) Acts of God or of the public enemy, and b) Acts of the Federal or State government in either its sovereign or contractual capacity.
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Security Guard Services, EG Brown BidBuilding CR3174970 CR3174970
If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform. 14.
EVALUATION OF THE CONTRACTOR Performance of the Contractor under this Agreement may 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.
11.
CONFLICT OF INTEREST A. A firm will not be awarded a contract if the financial interests are held by a current officer or employee of the State. Additionally, a contract will not be awarded to an officer or employee of the State as an independent contractor to provide goods and service. Likewise, the contracting agency officials and employees shall also avoid actions resulting in or creating an appearance of: 1. 2. 3. 4. 5. B.
Using an official position for private gain; Giving preferential treatment to any particular person; Losing independence or impartiality; Making a decision outside official channels; and, Affecting adversely the confidence of the public or local officials in the integrity of the program.
Former State employees will not be awarded a contract for two (2) years from the date of separation if that employee had any part of the decision making process relevant to the contract, or for one (1) year from the date of separation if that employee was in a policy making position in the same general subject area as the proposed contract within the twelve (12) month period to his or her separation from State service. END OF DOCUMENT
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Security Guard Services, EG Brown BidBuilding CR3174970 CR3174970
EXHIBIT E ADDITIONAL PROVISIONS
1.
WORK SCHEDULING A. Prior to commencement of this Agreement the Contractor shall confer with the Building Manager or State’s designated representative in a start-up meeting to review the methods and scheduling proposed by the Contractor. B.
Contractor shall provide the Building Manager or State’s designated representative a written schedule of work to be performed for the entire Agreement term. A schedule will be agreed upon by the Contractor and Building Manager or State’s designated representative in order to minimize building interruptions, ten (10) workdays prior to commencement of the work. No work shall commence (continue) without the scheduled review and approval by the Building Manager or State’s designated representative.
C.
Contractor shall be available to examine the on-site work with the Building Manager or State’s designated representative and maintain coordination between the proposed schedule and any alterations made to that schedule.
D.
During the term of this Agreement, and notwithstanding the described hours and calendar schedule, the Building Manager or State’s designated representative and Contractor may from time to time mutually agree in writing to modify workdays or hours to reasonably accommodate the completion of work.
E.
Upon completion of the work, Contractor shall notify the Building Manager or State’s designated representative and have the completion verified by a building walk through. If deficiencies are identified, a punch list will be created which addresses all work that does not comply with the Agreement requirements or meet the approval of the Building Manager or State’s designated representative. All work identified on the punch list shall be promptly corrected at Contractor’s sole expense.
2.
UTILITIES Contractor shall notify the Building Manager or State’s designated representative of any necessary utilities that will be required in the performance of the work at the job site. Water, electricity, elevator and restroom facilities are available free of charge. However, these facilities shall be kept clean at all times and are not to be used for anything other than their intended purpose.
3.
NOISE Contractor shall make provisions to accomplish the work of this Agreement, without undue interference with the operations of the State, its tenants and visitors, or surrounding businesses and buildings.
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4.
5.
Security Guard Services, EG Brown BidBuilding CR3174970 CR3174970
BUILDING SECURITY A. In buildings with access control systems, Contractor's personnel shall present their State issued access card to a system reader upon arrival at the building, before performing any work, and whenever leaving the building. B.
The State shall have and exercise full and complete control over granting, denying, withholding or terminating clearances for Contractor.
C.
All personnel shall check in with the Building Manager or State’s designated representative’s Office and sign-in and sign-out on the BPM Maintenance Log Book providing the requested information, as required by the State.
D.
Contractor will be responsible for all costs incurred as a result of false fire alarms or other system alarms activated by Contractor’s negligence or that of its employees, material suppliers, and/or subcontractors. Contractor shall be issued specific security procedures to be followed. Violation of security requirements will be grounds for termination of the Agreement for cause.
SAFETY AND PROTECTION A. Notification and Material Safety Data Sheets (MSDS) must be provided to the Building Manager or State’s designated representative and receive prior approval at least five (5) workdays before applications. B.
All work shall conform to and be in compliance with the State of California, Occupational Health and Safety Division, General Safety Orders, Title 8, including, but not limited to, Sections 3282-3299.
C.
The State of California reserves the right to review the U.S. Occupational Safety and Health (OSHA) Review Commission report web site at any time throughout the term of this Agreement to confirm continued safety regulation compliance. Any citations or penalties resulting from OSHA inspections may result in termination or fiscal penalties.
6.
CLEAN-UP Contractor shall keep all work areas clean and free of debris. During progress of work clean up discarded materials, etc., at the end of each workday and remove from job site. Any cleaning of equipment on State property requires the approval of the Building Manager or State’s designated representative.
7.
PARKING The State does not provide parking, however, off loading of equipment and materials may be performed at the Building’s loading dock if permission is obtained in advance from the Building Manager or State’s designated representative, and sufficient space is available. END OF DOCUMENT
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Question and Answers for Bid #CR3174970 - Security Guard Services
Bid CR3174970
5
OVERALL BID QUESTIONS There are no questions associated with this bid. If you would like to submit a question, please click on the "Create New Question" button below.
Question Deadline: May 6, 2014 5:00:00 PM PDT
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