Advertise in the California State Contracts Register including:

1. Description of work to be done.

2. Bid opening date and time.

3. Contract duration.

4. Type of contractor's license required.

5. City and county in which work is to be done.

6. Contact name and phone number to obtain bid package.

1. Prospective bidders.

2. DVBE assistance organizations.

3. Builders exchange nearest the work to be performed if contract is estimated to be more than $5,000.

1. Hold a pre-bid meeting to explain all required forms, including the Drug-free Workplace Certification, DVBE participation and documentation, Labor Code Certification, and non-collusion affidavit (which must be notarized).

2. Hold a site inspection to allow all prospective contractors to see where the work is to be done.

1. Verify that all required forms are completed and signed including:

   1. Bid proposal form

   2. Drug-free Workplace Certification

   3. DVBE participation (evaluate for compliance)

   4. Labor Code Certification

   5. Non-collusion affidavit (must be notarized)

   6. Small Business Preference and Certification Request - STD 811

   7. Expatriate Corporation certification

2. Verify the status of the business as follows:

   1. Contractor's license and classification with the Contractors License Board

   2. Corporation status with the Secretary of State

   3. Small business status with the OSDC.

3. Return unopened any bids received after the due date.

4. Award the contract to the lowest responsible and responsive bidder

5. Transmit reports:

   1. Within 10 working days of an award, send a completed STD 16 to the Department of Fair Employment and Housing if the contract award exceeds $5,000, including contracts with the University of California.

   2. Within five working days of an award, send a completed Division of Apprenticeship Standards - DAS 13, to the Department of Industrial Relations if the contract award exceeds $30,000 or 20 working days.

1. Statement of work

2. Period of performance

3. Cost and payment including:

   1. Total amount to be paid

   2. When payment(s) will be made
      • If making progress payments, include the provision that the state shall retain out of each payment an amount equal to ten percent of the payment.

      • The departments of Boating and Waterways, Corrections, General Services, Transportation, and Water Resources must publish progress payments made to the general contractor in the California State Contracts Register.

   3. Address to which invoices and progress reports shall be mailed

4. Standard California Nondiscrimination Construction Contract Specifications for contracts exceeding $5,000 (STD 18)

5. National Labor Relations Board Certification

6. Project monitor's name and telephone number

7. Contract amendments

8. Resolution of disputes

9. Final approval required before contract has force or effect

10. Antitrust claims

11. Americans with Disabilities Act

12. Restrictions applying to state employees

13. Prevailing wage rates

14. Certificate of Insurance

15. Audit language (if contract exceeds $10,000) and/or DVBE participation

16. Instructions to bidders

17. Bid proposal form

18. Labor Code certification

19. Non-collusion affidavit

20. General conditions

21. Special provisions

22. Specifications

23. Drawings

1. Standard Agreement - STD 2 or STD 213: Sign all four copies.

2. Specifications and Drawings: Sign all four (4) sets.

3. Payment Bond - STD 807: Have bonding company execute two copies (if contract exceeds $5,000).

4. Performance Bond: Have bonding company execute two copies on standard bonding company forms (if contract exceeds $10,000 and progress payments will be made).

5. Certificate of Insurance: Have insurance agent execute for liability and workers compensation insurance.

6. Asbestos notification letter.

7. Payee Data Record: Complete and return (send to accounting office and retain one copy in the contract file).

1. Certificate of Insurance for liability and workers compensation insurance.

2. Payment Bond (if contract exceeds $5,000).

3. Performance Bond (if contract exceeds $10,000 and progress payments will be made).

4. Secretary of State corporate status check.

5. Contractor's License Board verification.

6. Small business verification (if applicable).

7. Drug-free workplace and other certifications.

8. DVBE participation package (if applicable).

9. California State Contracts Register advertisement.

10. List of contractors sent bid package.

11. All bids received.

12. Copy of bid package.

10.20 • PUBLIC WORKS CONTRACTS BETWEEN $120,000 AND $400,000
( Rev 3/03)

1. Obtain approval from DGS/RESD on a Request for Project Undertaking by State Agency STD 23.

2. Include all requirements for contracts between $1,000 and $120,000.

3. Place additional advertisements as follows:

   1. Advertise the Notice to Contractors once a week for two consecutive weeks in one local paper of general circulation published in the county where the work is to be done. Obtain an affidavit of publication.

   2. Advertise the Notice to Contractors once a week for two consecutive weeks as follows: ,/ol>

      1. If the work is to be done in the counties of Imperial, Inyo, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa

         Barbara, Tulare, or Ventura, advertise in a trade paper of general circulation published in Los Angeles County. Obtain an affidavit of publication.

      2. If the work is located in a county other than those listed in 2(a) above, advertise in a trade paper of general circulation published in San Francisco and provide a reasonable length of time between the publication of the advertisement and the date of submission of bids to give contractors sufficient time to prepare bids. Obtain an affidavit of publication.

   Note: Until further notice, exemption is given for the direct placement of such advertisements for publication by the agency without prior submission to the Department of General Services. Invoices for the cost of advertisements may be submitted directly to the Controller with the claim for payment.

4. Include in the instructions to bidders the requirement that the bid must be accompanied by one of the following forms of bidder's security: cash, a cashier's check, a certified check, or a bidder's bond executed by an admitted surety insurer and made payable to the state agency.

   The security must be in an amount equal to ten percent of the amount bid. A bid must not be considered unless one of the forms of the bidder's security is enclosed with it.

5. Prepare the contract transmittal

   1. Include all information shown in SCM Section 10.15(H).

   2. Include an approved copy of form STD 23.

   3. Include the affidavits of publication for advertisements in both the local paper and the trade paper.

10.25 • REQUIREMENTS OF PUBLIC WORKS CONTRACTS
(Rev 4/04)

1. Specifications

   Ensure that whoever prepares the bid specifications is aware of the following requirements:

   1. Work specifications

      Prepare clear and complete written specifications for the work. The specifications must be adequate in detail to apprise the prospective bidder of the character and extent of the work to be done and to ensure that bids will be comparable and competitive. Room for speculation and conjecture must be reduced to a minimum.

   2. Product specifications

      1. Specifications calling for a designated material, product, item, or service by a specific brand or trade name must list at least two brands or trade names of comparable quality or utility followed by the words "or equal."

      2. In cases involving a unique or novel product application required to be used in the public interest, or where only one brand or trade name is known to the agency, the specification may list only the one followed by the words "or equal."

   3. The specifications shall provide for a period of at least 35 days after the award of the contract for submission of data substantiating a request of an "or equal" item. PCC § 3400(b) provides that if the agency makes a finding, included in the specifications, that a particular material, product, item, or service is designated by specific brand or trade name for any of the following purposes: 1) so that a field test or experiment may be made to determine the product's suitability for future use; 2) in order to match other products in use on a particular public improvement either completed or in the course of completion; 3) in order to obtain necessary item that is only available from one source; and 4) in order to respond to an emergency. If the agency is aware of an equal product manufactured in California, it must name such product in the specifications.

2. Prevailing Wages:

   1. Obtain from the Department of Industrial Relations the prevailing wage rates before requesting bids. (www.dir.ca.gov  (Labor Code §§ 1770 and 1773).

   2. The prevailing wage rates for each of the crafts or trade classifications involved in the proposed work to be contracted for must be set forth in the Invitation for Bids and in the contract itself.

      Note: In lieu of specifying the rate of wages in the Invitation for Bids and in the contract, the agency may include a statement that copies of the prevailing rate of per diem wages are on file at its principal office and shall be made available to any interested party on request.

   3. The general prevailing rates of wages may be obtained from the Department of Industrial Relations or any source authorized by the Department of Industrial Relations.

10.30 • PUBLIC WORKS CONTRACTS REQUIRED LANGUAGE
(Rev 3/03)

1. Instructions To Bidders

   1. Employment of undocumented aliens

      "No state agency or department, as defined in Public Contract Code § 10357, that is subject to this code, shall award a public works contract to a bidder or contractor, nor shall a bidder or contractor be eligible to bid for or receive a public works contract, who has, in the preceding five years, been convicted of violating a state or federal law regarding the employment of undocumented aliens. See Public Contract Code § 6101."

   2. Antitrust claims

      "The contractor offers and agrees and will require all of his other subcontractors and suppliers to agree to assign to the awarding body all rights, title, and interest in and to all causes of action they may have under Section 4 of the Clayton Act (15 USC § 15) or under the Cartwright Act (Chapter 2 [commencing with § 16700] of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment made by the contractor and all additional assignments made by the subcontractors and suppliers shall be deemed to have been made and will become effective at the time the awarding body tenders final payment to the contractor without further acknowledgment or the necessity of tendering to the awarding body any written assignments."

      "If an awarding body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under Government Code sections 4550 - 4554, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, on demand, recover from the public body any portion of the recovery, including treble damages, and attributable overcharges that were paid by the assignor but were not paid by the public body as a part of the bid price, less the expenses incurred in obtaining that portion of the recovery. On demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under Government Code sections 4550 - 4554 if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action."

2. General Conditions

   1. Prevailing Wage (See SCM 10.25 B.)

   2. National Labor Relations Certification

      "By signing the contract, the contractor swears under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against the contractor within the immediately preceding two year period because of the contractor's failure to comply with an order of a federal court which orders the contractor to comply with an order of the National Labor Relations Board."

3. Standard Agreement - STD 2 or STD 213

   1. National Labor Relations Certification

      (Use the same wording as provided in 10.30 B.2. above)

   2. Audit Language (For contracts in excess of $10,000 and/or when DVBE participation is required)

      "The contractor agrees that the (awarding agency), or the Bureau of State Audits or its designated representative, shall have an absolute right of access to all of the contractor's records, files, documents, accounts, and financial affairs as deemed necessary for the purpose of conducting an audit to determine compliance with the terms and conditions of this contract. The contractor shall provide the auditor(s) with any relevant information requested without unnecessary delay and, on reasonable notice, permit access to its premises during normal business hours for the purpose of interviewing staff and inspecting and copying such books, records, accounts, and any other material as warranted to conduct the audit. The contractor further agrees to maintain such records for a period of three years after final payment is made on this contract or three years after resolution of all issues that may arise as a result of any litigation, claim, negotiation, or audit related to the contract, whichever is later. The state agrees to treat as confidential any proprietary information obtained as a part of any such audit."

   3. Americans with Disabilities Act

      "By signing this contract, the contractor assures the state that it complies with the Americans with Disabilities Act (ADA) of 1990 (42 USC § 12101 et seq.), which prohibits discrimination on the basis of disability, as well as with all applicable regulations and guidelines issued pursuant to the ADA."

   4. Labor Code Certifications

      1. I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.

      2. "It is hereby mutually agreed that the contractor shall forfeit to the State (enter amount from Labor Code Section § 1775) dollars for each calendar day, or portion thereof, for each worker paid by him or her, or subcontractor under him or her, less than the prevailing wage so stipulated and in addition the contractor further agrees to pay to each worker the difference between the actual amount paid for each calendar day, or portion thereof, and the stipulated prevailing wage rate for the same. This provision shall not apply to properly, registered apprentices."

         Note: Labor Code Section 1771.5 allows exemptions from the general prevailing rate under specific conditions for departments with Labor Compliance Programs.

      3. It is further agreed that the maximum hours a worker is to be employed is limited to eight hours a day and 40 hours a week and the contractor shall forfeit, as a penalty to the state, twenty-five dollars for each worker employed in the execution of the contract for each calendar day during which a worker is required or permitted to labor more than eight hours in any calendar day or more than 40 hours in any calendar week, in violation of Labor Code Sections 1810-1815, inclusive.

      4. Properly registered apprentices may be employed in the prosecution of the work. Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he or she is employed, and shall be employed only at the work of the craft or trade to which he or she is registered.

         The contractor and each subcontractor must comply with the requirements of Labor Code Section 1777.5 and any related regulations regarding the employment of registered apprentices.

      5. Each contractor and subcontractor shall comply with the Labor Code Section 1776 regarding record keeping.

   Chapter 10 - APPENDIX

   NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY
   BIDDER AND SUBMITTED WITH BID FOR PUBLIC WORKS

   STATE OF CALIFORNIA	)
   	) SS
   COUNTY OF ____________________	)

   ______________________________,
   being first duly sworn, deposes and says that he or she is_________________________________________________ of

   (position or title)

   ---

   (the bidder)

   the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

   Dated:___________________

   By___________________________
              (person signing for bidder)

    

   11. ARCHITECTURAL AND ENGINEERING CONTRACTS

   11.00 • INTRODUCTION
   (Rev 1/01)

   This chapter explains the state's process for selecting the professional services of private architectural, landscape architectural, engineering, environmental, land surveying, or construction management firms. This process is commonly referred to as the A & E method.

   Legal authority: GC § 4525 et seq.; PCC § 6106.

   Each state agency must develop its own regulations for implementation in order to use the (A & E) selection process. DGS' review of A&E contracts will include determining whether the agency complied with their own regulations.

   11.01 • TABLE OF CONTENTS

   DESCRIPTION	SECTION
   Introduction	11.00
   Table of Contents	11.01
   Types of Projects	11.03
   Selection Process Based on Qualifications	11.05
   Evaluation of Qualifications	11.06
   Negotiating A&E Contracts	11.08
   Award of Contract	11.10

   11.03 TYPES OF PROJECTS
   (New 1/01)

   1. Specific Projects. A project that involves a single subject matter, such as a building or improvement at a designated site, will result in a single contract.

   2. Single Firm. Contract must be let to the single most qualified firm.

   3. Multiple Contracts / Multiple Firms

      1. Circumstances for which you can award to multiple firms would be as follows:

         1. Multiple contracts with each contract covering a different, specific geographic region.

         2. Multiple contracts with each contract covering a specific, unique discipline.

         3. Multiple contracts for which there would be a primary contractor, with a backup contractor in the event the primary contractor is unavailable for an assignment.

      2. An agency must have regulations supporting multiple award contracting.

   4. On-Call" Contracts

      When a project can be shown to involve more than one component, site or activity, an "on-call" contract (sometimes referred to as a "retainer" contract) may be appropriate. An agency must have regulations to support on-call contracting. Various components may appropriately be designated a project if they involve the same kind of design work at several locations.

   11.05 • SELECTION PROCESS BASED ON QUALIFICATIONS

   Selection for professional services of A & E contractors by public agencies must be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required at a fair and reasonable price.

   Projects requiring A & E professional services must be published in a statewide announcement through publications of the respective professional societies. This requirement is in addition to advertising in the California State Contracts Register.

   The Request for Qualifications (RFQ) is the solicitation document that sets out the criteria for determining the best qualified professional for the project

   Criteria should include such factors as professional excellence, demonstrated competence, specialized experience of the firm, education and experience of key personnel, staff capability, workload, ability to meet schedules, principals to be assigned, nature and quality of completed work, reliability and continuity of the firm, location, professional awards, and other relevant considerations. Such factors shall be weighed according to the nature and complexity of the project, the needs of the state, and the special requirements of the specific project.

   11.06 • EVALUATION OF QUALIFICATIONS
   (Rev 1/01 portion moved to new 11.08)

   The statements of qualifications received by the date specified in the RFQ are evaluated together with performance data on file. Generally, the statements of qualifications are scored and ranked by a panel of individuals from the public agency, although professionals from outside the agency may also participate, depending on the nature of the project.

   11.08 • NEGOTIATING A&E CONTRACTS
   (New 1/01 moved & renumbered from 11.06)

   After the discussions, the public agency shall negotiate a contract with the best qualified firm at compensation that the agency determines to be fair and reasonable. PCC § 6106 sets forth relevant time frames that must be adhered to in the negotiation and contracting process.

   If the agency is unable to negotiate a satisfactory contract with the firm considered to be the most qualified, negotiations with that firm shall be terminated and negotiations undertaken with the second most qualified firm. If the agency is unable to negotiate a satisfactory contract with any of the selected firms, the agency shall select additional firms in order of their competence and qualification and continue negotiations until an agreement is reached.

   11.10 • AWARD OF CONTRACT
   (Rev 3/03)

   1. Contract Award

      Award of contract will be made to the A & E firm that:

      1. Successfully negotiated a fee, and

      2. Has complied with the DVBE requirements (if required).

   2. Processing A&E Contracts

      On determining a need for services, the agency should prepare a contract that contains:

      1. Names of the project manager, field representative, and project analyst

      2. An accurate work description

      3. Specifics of when, where, and for whom work is to be performed

      4. Description of the required completion or inspection report

      5. . Time limitation

      6. Monetary limitation

      7. Expenses allowed

      8. Payment clause, including progress payments

      9. Extra work

      10. Other special provisions

   3. Review and Approval

      The contract and copies are prepared and sent to the A & E firm. On return from the (A & E) firm, agency approvals are obtained. Then the contract is sent to DGS/OLS for review if required. The package consists of:

      1. California State Contracts Register advertisement, and professional trade societies/trade publications ads

      2. Contract

      3. DVBE package (if applicable)

      4. RFQ package and replies

   These documents are used to substantiate compliance by the contracting agency with all procedural requirements.