CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO REQUEST for PROPOSAL for ~Preventive Maintenance Services for Generators~

CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO REQUEST FOR PROPOSAL FOR ~Preventive Maintenance Services for Generators~

PROPOSAL DATA Proposal Number: RFP # SBCMP0000050160, July 23, 2018 Description: Preventive Maintenance Services for Generators

Contacts: Amy Beran, Buyer, Procurement and Contracts (909) 537-5145 FAX (909) 537-5903 E-mail: [email protected] Juan Macias, Facilities Maintenance (909) 537-7186 E-mail: [email protected]

PROPOSAL REQUIREMENTS DEADLINE FOR QUESTIONS: Thursday, August 2, 2018 at 2:00 p.m. Questions can be submitted to [email protected]

PROPOSAL DUE DATE (Original plus 3 copies – Instructions on page 5) Date: Thursday, August 16, 2018 Time: 2:00 p.m. Location: Procurement and Contracts, Sierra Hall, Room 125 5500 University Parkway, San Bernardino, CA 92407

PROPOSAL CONTENTS Exhibit A: General RFP Information Exhibit B: Specifications (Scope of Services) Exhibit C: Award Criteria Exhibit D: General Provisions for Maintenance Tasks Exhibit E: Agreement Sample Exhibit F: Service Locations and Campus Maps Attachment A: Small Business Preference and Certification Request Attachment B: DVBE Participation Forms

Sealed written responses must be received by the Purchasing Office no later than the date, time and location indicated above for RFP due date. CSUSB assumes no responsibility for delay in delivery of the proposal to the designated delivery location by the United States Postal Service, by University Mail Services, or by any other means. Submittal of responses by fax or other electronic means is not acceptable. NOTE: This RFP does not constitute an order for the goods or services specified.

RFP SBCMP0000050160 ~Preventive Maintenance Services for Generators~

Table of Contents PAGE

EXHIBIT A INTRODUCTION & SUBMITTAL INSTRUCTIONS 3

• SECTION I INTRODUCTION 3

• SECTION II SCHEDULE OF EVENTS/PROPOSAL SUBMITTAL 4

ATTACHMENT NO. 1 BIDDER INFORMATION 10

ATTACHMENT NO. 2 BIDDER CERTIFICATION FORM 11

ATTACHMENT NO. 3 NONCOLLUSION DECLARATION 12

ATTACHMENT NO. 4 REFERENCES 13

ATTACHMENT NO. 5 SUBCONTRACTOR FORM 14

ATTACHMENT NO. 6 BID SCHEDULE FORM 15

EXHIBIT B SPECIFICATIONS (SCOPE OF SERVICES) 16

EXHIBIT C AWARD CRITERIA 30

EXHIBIT D GENERAL PROVISIONS FOR MAINTENANCE TASKS 32

EXHIBIT E SAMPLE AGREEMENT 46

EXHIBIT F SERVICE LOCATIONS AND FREQUENCY OF SERVICES 47

SAN BERNARDINO CAMPUS MAP 48

PALM DESERT CAMPUS MAP 49

ATTACHMENT A SMALL BUSINESS PREFERENCE AND CERTIFICATION REQUEST 50

ATTACHMENT B DVBE PARTICIPATION FORMS 51

EXHIBIT A RFP SBCMP0000050160 SECTION I: INTRODUCTION

BACKGROUND The California State University is a 23 campus, statewide system of comprehensive and polytechnic universities. The CSU awards bachelor and master’s degrees in more than 200 subject areas, employs approximately 46,000 faculty and staff, and services more than 417,000 students. The Board of Trustees sets policy; the Office of the Chancellor oversees systems wide management.

OVERVIEW California State University, San Bernardino, hereinafter the “University” or “CSUSB,” hereby solicits interested and qualified firms to submit proposals for the purpose of obtaining services of a highly qualified contractor to provide monthly or annual scheduled preventative maintenance, and unscheduled repair services, to the University’s seventeen (17) diesel generators, and three (3) natural gas generators. The work shall be performed under the technical supervision of the University, and shall be performed and scheduled as requested by the University. By employing appropriate resources, the Contractor is anticipated to complete all requested work within the agreed upon period.

The Contractor shall provide all labor, materials, tools, instrumentation, travel, and equipment, to satisfactorily complete the services. The University reserves the right to increase or reduce service needs based on operational needs or restrictions. Nothing in this Specification shall be interpreted as relieving the Contractor of the responsibility of meeting all applicable federal, state, and local codes and regulations.

EXHIBIT A RFP SBCMP0000050160 SECTION II: SCHEDULE OF EVENTS/PROPOSAL SUBMITTAL

SCHEDULE OF EVENTS California State University, San Bernardino (CSUSB) intends to follow an aggressive schedule in performing the proposal evaluation and selection process. The following timetable outlines the key dates on the schedule.

RFP Release Date Monday, July 23, 2018 Last Date for Questions Thursday, August 2, 2018 Proposal Due Date Thursday, August 16, 2018 Evaluation Period August 20-30, 2018 Notice of Intent to Award Contract Thursday, September 13, 2018 Award of Contract Thursday, September 20, 2018

The Purchasing Office must receive all proposals no later than 2:00 p.m., on August 16, 2018. All times of day referenced are Pacific Daylight Time.

Proposals must be sealed and delivered with RFP SBCMP0000050160 Preventive Maintenance Services for Generators on the outside of the package to:

California State University, San Bernardino Procurement and Contracts, SH-125 Attention: Amy Beran 5500 University Parkway San Bernardino, CA 92407-2397

Proposals are due no later than the above date and time. Proposals received after the closing date and/or time will not be opened. They will be marked “LATE” and returned to the respective bidders. Proposals submitted by mail or any means other than personal delivery must be submitted sufficiently in advance of the bid opening to ensure delivery to the above address prior to the specified opening date and time. Failure to meet the proposal opening date and time will result in rejection of the proposal.

Contractor is solely responsible for ensuring that its courier service provider makes proper deliveries to the required CSUSB physical location. California State University, San Bernardino is not responsible for any delays caused by the Contractor’s chosen means of proposal delivery, by the United States Postal Service, by any other means, or after delivery to a central location on campus. Contractor is solely responsible for the timely delivery of its proposal.

DO NOT submit proposals by email or facsimile. They will not be opened or read and will be destroyed.

EXHIBIT A RFP SBCMP0000050160 Neither the University, nor any agent thereof will be obligated in any way by any Contractor response to this RFP. The selection of a Contractor and the accompanying award of a contract(s) are to be based on the award criteria established by the University and described in the Award Criteria section. The selection is at the sole discretion of the University.

NOTE: PROPRIETARY AND PRIVATE INFORMATION Certain information and data that may be required to respond to the RFP may be proprietary or confidential under the California Public Records Act. All protected Public Records Act materials must be labeled as such. Bidders must notify the University in advance of any proprietary or confidential materials contained in the proposal and provide justification for not making such material public. The University shall have sole discretion to disclose such material subject to any protective order which bidder may obtain.

Proposals become the property of the University and information contained therein shall become public documents subject to disclosure laws after Notice of Intent to Award. University reserves the right to make use of any information or idea contained in the proposal.

All materials, ideas, and formats submitted in response to this RFP will become the property of the University upon receipt, and may be returned only at the University’s option, and at the bidder’s expense. One copy shall be retained for official files.

If a proposal is accepted, the bidder shall not issue any news releases or other statements pertaining to the award or servicing of the contract that states or implies University endorsement of bidder’s products or services without prior written permission by the University.

PROPOSAL FORMAT Contractors are required to send one (1) original and three (3) copies of the proposal. Please provide a detailed proposal that addresses the areas outlined in the scope of work and the evaluation criteria. The proposal is limited to 30 pages plus any required submission items. The proposal should include a cover letter identifying the contact people for the firm, person who can negotiate for the firm, etc., and acknowledgement of the firm’s intent to provide the work described herein.

QUESTIONS AND INQUIRIES Any questions, interpretations, or clarifications, either administrative or technical, about this RFP must be submitted in writing. Copies of all written questions and University responses will be provided in an Addendum provided to all bidders through www.fiscal.ca.gov. The deadline for submission of written questions, submitted via email only to the name below is Thursday, August 2, 2018, at 2:00 pm PST.

Please submit questions to Amy Beran at [email protected]. The University encourages potential bidders to resolve issues regarding the requirements or the procurement process

EXHIBIT A RFP SBCMP0000050160 through written correspondence and discussions. The University wishes to foster cooperative relationships and to reach a fair agreement in a timely manner.

ADDENDA The University may modify this RFP and any of its attachments prior to the dated fixed for submission of proposal by issuance of an addendum to all parties who have been furnished the RFP for bidding purposes. Addenda will be numbered consecutively and posted to www.fiscal.ca.gov.

SUBMITTING YOUR RESPONSE Proposals shall be complete in all respects as required by this RFP. A proposal may be rejected if conditional or incomplete, or if it contains any alterations or other irregularities of any kind, and will be rejected if any such defect or irregularity could have material affected the quality of the proposal.

Proposals that contain false or misleading statements, or which provide references that do not support an attribute or condition claimed by the bidder, may be rejected. If, in the opinion of the University, such information was intended to mislead the University in its evaluation of the proposal and the attribute, condition, or capability is a requirement of this RFP, the proposal will be rejected. Statements made by a Bidder shall also be without ambiguity and with adequate elaboration where necessary for clear understanding.

A proposal may be withdrawn after its submission by written or facsimile invitation signed by the bidder, or authorized representative, prior to the date and time specified for proposal submission. Proposals may be withdrawn and resubmitted in the same manner if done so before the proposal submission deadline. Withdrawal or modification offered in any other manner will not be considered.

It is the bidder’s responsibility to examine all specifications and instructions.

In the event that a bidder believes that the University’s proposal solicitation is unfairly restrictive, or has substantive errors or omissions in it, the matter must be promptly brought to the attention of the University Procurement and Contracts office, by letter or email, immediately upon receipt of the proposal solicitation, in order that the matter may be fully considered and appropriate action taken by the University.

The University reserves the right to reject any or all proposals and to waive informalities and/or minor irregularities it deems appropriate in proposals received.

This RFP does not obligate the University to enter into an Agreement. The University retains the right to cancel this RFP at any time, should the project be cancelled, funding is withdrawn, or it is deemed in the best interest of the University. No obligation either expressed or implied, exists on the part of the University to make an award, or to pay any cost incurred in the preparation or submission of a proposal.

EXHIBIT A RFP SBCMP0000050160

SUBMISSION REQUIREMENTS Each bid response should contain a table of contents, numbered pages, bid responses labeled with the corresponding exhibit, and section/question number. Bidders should include with this RFP all specified exhibits as identified below:

Bidder Information (Attachment No. 1) Bidder Certification (Attachment No. 2) Non-Collusion Declaration (Attachment No. 3) Customer References (Attachment No. 4) Subcontractor Form (Attachment No. 5) Bid Schedule Form (Attachment No. 6) Project Approach Staffing Matrix Cost proposal

Proposals that do not include all required exhibits may be deemed non-responsive, at the sole discretion of the University and in its best interest.

PROPOSAL EVALUATION Submitted responses will first be screened on a responsive/non-responsive basis. All responsive bids will then be evaluated based on their rejoinder to bid requirements. Bidders will be asked to make a formal presentation of their proposal on campus.

Prior to, and following initial award to a Bidder, the University reserves the right to further negotiate terms and conditions in addition to those terms, conditions, and requirements contained in this RFP. The Bidder with the most responsive and responsible bid shall be given the opportunity to enter into negotiations with the University.

In the event the University and the Bidder are unable to come to satisfactory terms in the form of a contractual agreement, the University reserves its right to pursue other alternatives, including, but not limited to, entering into negotiations with the next most responsive and responsible Bidder.

Please see Exhibit C – Award Criteria, for information on how the criteria will be weighted. The University will use said criteria to determine the award winner of this contract. The University reserves the right to further negotiate the terms and conditions of the contract after evaluating the proposals and discussing them further with the selected bidder.

The University shall reject any and all non-responsive bids, and may reject a bid submitted by any party who is or has been delinquent or unfaithful in any previous agreement with the University. The University reserves the right to re-solicit information or proposals, and further reserves the right to issue a partial award, or not to issue under this solicitation.

EXHIBIT A RFP SBCMP0000050160 The University reserves the right to negotiate minor exceptions, irregularities, or errors submitted by the Bidder within their RFP response. These errors may be corrected by the Bidder involved, provided that, in the judgment of the University, such action will not negate fair competition and will allow for the proper comparative evaluations of all bids submitted.

If this solicitation does not result in the University obtaining reasonable prices in the sole opinion of the University when considering the total acquisition cost of said services, or for any reason deemed not to be in the best interest of the University, or otherwise, the University may reject all proposals. The University shall be the sole judge in the determination of price reasonableness pertaining to this RFP and subsequent agreement award.

In the event the Agreement is terminated for breach of Agreement within ninety (90) days of the effective date, the University reserves the right to award the remaining balance of the Agreement period to the next lowest bidder considered responsive and responsible to this solicitation, based on said premise to be in the best interests of the University.

DISQUALIFICATION Disqualification of a Bidder includes, but is not limited to, the following: 1. Misrepresentation and/or omission of facts in Bidder’s submittal, or in any other communication from Bidder in conjunction with this submittal request. 2. Submission of a bid response that deviates from an acceptable range of credible proposals and/or quotes, placing the Bidder excessively high or low, and indicating lack of understanding of agreement performance and requirements with the Bidder cannot substantiate, possibly indicating an inability to perform as specified. 3. Evidence of collusion among the Bidders.

CONTRACT DOCUMENTS Contract documents will consist of the CSU Services Agreement (see Exhibit E – Sample Agreement). In the event of a conflict between the documents, the following order of precedence shall apply: • The CSU Service Agreement, including General Provisions for Service Acquisitions • This Request for Proposal, and all Addenda • Bidder’s Proposal

PROTESTS Bidders filing a protest must do so within five (5) business days after notice of intent to award. The protesting bidder shall submit a full and complete written statement detailing the facts in support of the protest. Protest must be sent certified or registered mail, or delivered in person to the delivery location listed for RFP submittals. Within ten (10) business days of receipt of the written statement of protest, the University will provide a decision on the matter. The decision will be in writing and sent by certified or registered mail, or delivered in person to the protesting bidder. The decision of the University is final.

EXHIBIT A RFP SBCMP0000050160

BIDDER’S RFP EXCEPTION Description of the proposed services shall be provided in sufficient detail to indicate Bidder’s compliance or noncompliance with all University requirements of the RFP, Attachment(s), amendment(s), Exhibit(s), and/or revision(s). in the absence of such description , Bidder’s submittal response shall be deemed not to contain deviation or exception and shall be accepted as if in strict compliance with the terms and conditions and specifications set forth by the University in the context of this solicitation.

VALIDITY Maximum pricing must be submitted for all items specified herein and remain binding for a period of at least one-hundred twenty (120) days from the closing date for the receipt of submittals.

EXHIBIT A RFP SBCMP0000050160 ATTACHMENT No. 1 BIDDER INFORMATION Company Information Contractor Name Corporation Partnership

Street Address City / State / Zip

Federal ID # or Social Security Number Date of Corporation

Name of State(s) in which incorporated If not incorporated in California, give Certificate of Authority to do business in California. Certificate No., Date:

FOR PARTNERSHIP ONLY DATE OF ORGANIZATION Is the partnership: General Limited Association Name / addresses / zip of all partners

Use additional sheet if necessary Certified Small Business SB Cert Expire Date Certified DVBE DVBE Expire Date Yes Yes No No

OSDS #: OSDS #: Contact Information Name Title

Phone # Fax # ( ) - ( ) -

Mobile # E-mail Address ( ) -

General Information % of work done by contractor No. of permanent employees

Geographical Limits of Operations No. of years in Business

If you have done business under a different name, please Has firm ever been engaged in litigation over any contract? give name and location If so, explain:

EXHIBIT A RFP SBCMP0000050160 ATTACHMENT No. 2

BIDDER CERTIFICATION FORM

NOTE: THIS PAGE MUST BE COMPLETED, SIGNED, AND RETURNED WITH YOUR PROPOSAL

The undersigned certifies that to the best of his/her knowledge: (check one)

( ) There is no officer or employee of California State University, San Bernardino who has, or whose relative has, a substantial interest in any agreement award subsequent to this proposal/bid.

( ) The names of any and all public officers or employees of California State University, San Bernardino who have, or whose relative has, a substantial interest in any agreement award subsequent to this proposal/bid are identified by name as part of this submittal.

In compliance with Request for Proposal No. SBCMP0000050160, and after carefully reviewing all the terms and conditions imposed therein, the undersigned agrees to furnish such goods and services in accordance with the specifications and scope of work according to the proposal submitted or as mutually agreed upon by subsequent negotiation.

BY (AUTHORIZED SIGNATURE) DATE 

PRINTED NAME AND TITLE OF PERSON SIGNING

Name of Company as Licensed

Address City State Zip Code

Business License No. Federal ID No. or Social Security Number

License Classification DIR Registration No.

Phone No. Facsimile No.

Addenda Noted: ______

ATTACHMENT No. 3

NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID FOR:

Project No. SBCMP0000050160 Project Name Preventive Maintenance Services for Generators

The undersigned declares: I am the of , the party making the forgoing bid. Title Company

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. 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. All statements contained in the bid are true. 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, to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on , 20 at , . City State

Printed Name Signature

Construction Mgmt. 701.05 • 1/2012

EXHIBIT A RFP SBCMP0000050160 ATTACHMENT No. 4 REFERENCES

Company Name

Street Address City State Zip

Telephone Number Fax Number

Person Familiar with Performance Title

Number of years service performed Date of last service performed

Description of services performed:

Company Name

Street Address City State Zip

Telephone Number Fax Number

Person Familiar with Performance Title

Number of years service performed Date of last service performed

Description of services performed:

Company Name

Street Address City State Zip

Telephone Number Fax Number

Person Familiar with Performance Title

Number of years service performed Date of last service performed

Description of services performed:

EXHIBIT A RFP SBCMP0000050160 ATTACHMENT No. 5

SUBCONTRACTOR FORM

All proposers shall complete and submit this form with their proposal, identifying all the subcontractors and vendors who will participate on this contract.

List any and all Subcontractors that may be used during the duration of this agreement:

Firm Name, Address, Phone, Fax, E-mail Contact, Title Description of Portion of City, State, Zip Work to be Performed Name Phone

Address Fax

City, State, Zip E-mail

Name Phone

Address Fax

City, State, Zip E-mail

Name Phone

Address Fax

City, State, Zip E-mail

Name Phone

Address Fax

City, State, Zip E-mail

EXHIBIT A RFP SBCMP0000050160 ATTACHMENT No. 6

BID SCHEDULE FORM

Please provide fully burdened fixed fee price for each category below, to be effective for the base term of the Contract, which shall include labor, material, consumable supplies, tools, equipment, supervision, overhead (home office and field office), profit, vehicle, fuel, insurance, and any other costs necessary to accomplish the work specified in Exhibit B, “Specifications”:

Fixed Hourly Rate Estimated Hours Repair Rates (As-Needed): Years 1-2 to Quantify Bid Total Annual Cost 7/1/18 – 6/30/20 per Year Repairs: Straight Time (Hourly Rate) 6:00 am – 3:30 pm $ . X 80 / Year =$ . / Year Repairs: Overtime (Hourly Rate) 6:00 am – 3:30 pm $ . X 10 / Year =$ . / Year Repairs: Emergency Call-out (Hourly Rate) $ . X 10 / Year =$ . / Year

Subtotal (A): =$ . / Year

Preventive Maintenance Cost (Monthly): Total Monthly Cost 1. California State University, San Bernardino, 5500 University Pkwy, San =$ . / Month Bernardino, CA 92407 2. California State University, San Bernardino, Palm Desert Campus, 37500 Cook =$ . / Month St, Palm Desert, CA 92211 Subtotal: =$ . / Month x 12 Months (B): =$ . / Year Parts & Materials (As-Needed):

Estimated Annual Cost of Parts & Materials (Per Part xx, Section x, Item x) $5,000 / Year Contractor’s Percentage Mark-up (Not to exceed 10%): %______x $5,000.00 = (C): $ . / Year Grand Total Estimated Annual Cost: (For Bid Comparison Purposes Only) A+B+C = $ . / Year The University reserves the right to add or remove equipment from the contract. If equipment is amended during the term of the contract, the cost proposal shall be amended to reflect such service and corresponding price.

Company: ______DIR Registration #: ______

EXHIBIT B RFP SBCMP0000050160 SPECIFICATIONS (SCOPE OF SERVICES)

This specification describes the services to be performed under this Request for Proposal. The University’s seventeen (17) diesel generators, and three (3) natural gas generators require monthly, and/or annual scheduled preventive maintenance services, and unscheduled repair services. The work shall be performed and scheduled as requested by the University. By employing appropriate resources, the Contractor is anticipated to complete all requested work within the agreed upon period.

The Contractor shall provide all labor, materials, tools, instrumentation, travel, and equipment, to satisfactorily complete the services. The University reserves the right to increase or reduce service needs based on operational needs or restrictions. Nothing in this specification shall be interpreted as relieving the Contractor of the responsibility of meeting all applicable federal, state, and local codes.

SCOPE OF SERVICES The following specification for the provision of preventive maintenance service and repairs on diesel engine driven generators outlines the services, at a minimum, required by the University.

A. Preventive Maintenance

Monthly Maintenance Inspection

1. Check all battery cell hydrometer readings and record. Clean the battery cables and terminals; tighten and apply corrosion protection. Perform a capacity load test as deemed necessary per the hydrometer readings. 2. Check battery charger for proper operation. 3. Check pressure of the cooling system. The entire cooling system will be checked for leaks and brittle hoses, all hose clamps will be tightened as required. 4. The fan hub will be lubricated with the recommended grease. 5. The cooling system will be checked for the proper inhibitor balance. A PH test will be performed to determine if a proper cooling system alkaline level exists. 6. The temperature thermostat will be checked for proper operation during system load test, if performed. 7. The jacket water heaters will be checked for proper operation. 8. Check the engine for leaks in the fuel, lubrication, and air inlet. Special attention will be given to the water pump, turbo-charger, and rear main seal areas. 9. Check the oil level. Maintain at proper level. 10. The exhaust condensate trap will be opened to drain possible water out of the system if applicable. 11. The vibration dampening devices will be checked for proper condition. 12. All the control wiring will be checked for chafing, burn marks, and/or loose connections, and noted on inspection report.

EXHIBIT B RFP SBCMP0000050160 13. The unit will be run, and oil pressure, fuel pressure, charging amps, voltage, and frequency will be recorded. This test should be conducted at a uniform time interval for comparison. 14. Check the engine safety shutdowns for proper operations. 15. Check fuel level. Notify University if below one-half.

Annual Resistive Loadbank Test

1. A loadbank test is to be performed on each emergency generator. The purpose of this test is to heat the engine up to run temperatures in order to clean carbon and sludge deposits from the engine, as well as verify the ability to carry a load for sustained time periods. This test will verify system response under a simulated emergency condition, and highlight any problems that can be corrected before the generator set has a chance to fail in an actual emergency. 2. A resistive loadbank test will be wired into the generator set breaker to Automatic Transfer Switch and the system will be tested at 30% for one half hour, 50% for one half hour, and 100% for three (3) hours. 3. Adjust voltage levels if required.

Annual Diesel Preventive Maintenance (PM)

1. Adjust the intake, exhaust, and valve bridge lash, as applicable. 2. Check and adjust injection timing (injectors or injection pump, whichever is applicable.) 3. Check for signs of leaky nozzles. Advise on course of action. 4. Check glow plugs for proper operation, as applicable. 5. Replace the valve cover gaskets, and run the unit to check power response. 6. Lubricate the governor linkage, and check the governor response on ramp to rated speed for proper adjustment. 7. Governor – check and maintain oil level (if required.) 8. Clean engine crankcase breather. 9. Change all filters (gas, diesel, oil, and air.) 10. Fuel tank – drain water and sediment. 11. Change coolant. 12. Check radiator, and clean (if necessary.) 13. Change oil.

Annual at First PM Cycle: Generator Winding, Exciter Field Test

1. Perform a megohm test on the generator windings to test for possible insulation breakdown. 2. Check the generator slip rings and brushes as applicable for wear and proper conditions. 3. Check the exciter field resistance for proper specifications.

EXHIBIT B RFP SBCMP0000050160 4. Check line-to-line voltage and adjust voltage regulator to specifications as required. 5. Lubricate the generator bearing(s) as applicable using lubricant specified by the generator manufacturer. 6. Check the engine/generator alignment. Note: This should only be done if a problem is indicated, or the coupling has been disturbed for maintenance purposes.

B. Scheduling Maintenance Inspections

To avoid having too many Preventive Maintenance (PM) tasks due at the same time, the equipment shall be serviced on a rotational basis. Therefore, to ensure timely and uniform maintenance on all equipment, a monthly PM schedule will be generated by the contractor and provided to the Contract Administrator in Facilities Management.

All inspection dates and times must be during University work hours, as referenced in Request for Proposal, and approved by the Contract Administrator before work is performed. The Contractor shall schedule services with the Contract Administrator at least three (3) days in advance prior to inspection date. The University reserves the right to add or delete equipment, whichever is in the best interest of the University.

C. Service Report

The Contractor, in conjunction with the Contract Administrator, will develop a checklist and report for each type of maintenance to be performed, adding any manufacturer specific items that may not be addressed. After each monthly maintenance service is complete, this service report shall be furnished to an authorized University representative for signature within three (3) days. The Contractor shall submit the service report to the Contract Administrator via e-mail, or in-person at Facilities Management. The Contractor shall make recommendations that will improve (lower) maintenance cost, while not compromising reliability. Reports will be used by the University for evaluating maintenance, and for University record purposes.

D. Repairs: Parts and Materials

After each maintenance service, a list of recommended repairs or additional services will be submitted to the University as a part of the service report for each unit. All parts, components, or devices that are worn, or not in proper operational condition shall be repaired, or at the University’s option, replaced with new parts, components, or devices. If the University elects to purchase replacement parts from the Contractor, the Contractor shall charge the University no more than ten percent (10%) above the Contractor’s wholesale cost, plus tax, for replacement parts.

For the term of this Agreement, the Contractor shall provide, on an hourly basis, service repair to the generator. The hourly rate for this service repair, for the base term of the Agreement, shall be specified in the Appendix A, Forms, “Bid Schedule,” and shall be

EXHIBIT B RFP SBCMP0000050160 invoiced based on time of arrival through departure in thirty (30) minute increments. When parts, components, or devices are replaced in their entirety, and a new design is available and is functionally equivalent and compatible, the parts, components, or device of the newer design shall be used as the replacements.

Consumable materials such as filters and belts will be supplied by the Contractor at no additional cost to the University, and included in the hourly rate. Repair services will be completed during University work hours.

E. Contractor Materials and Equipment

All instruments used to perform electrical protection testing shall meet International Electrical Testing Association (NETA) specifications for Test Instruments.

Contractor shall provide padlocks that are compatible with the University’s electrical lockout devices. Contractor shall provide electrical lockout devices and tags as required for protective devices downstream of the main breaker.

F. Work Hours, Overtime, and Suspension of Work

Work Hours: Scheduled preventive maintenance services shall be performed during workdays and hours (Monday through Friday between 6:00 AM and 3:30 PM,) and weekends or University Holidays (if approved by Contract Administrator.) All work dates and times must be approved by the Contract Administrator before work is performed.

Unscheduled repair services shall be performed Monday through Friday between 6:00 AM and 3:30 PM, and after work hours, if necessary. If the Contract Administrator classifies the repair as an emergency, the service shall be performed on Saturday, Sunday, or University Holiday, between 6:00 AM and 3:30 PM as determined by the Contract Administrator.

Straight time shall be paid for no more than eight (8) hours per day. The workday shall begin at the first work site, and end at the last work site. Travel time, but not mileage, will be paid between sites.

For emergency work, University will pay for travel time and mileage to and from the place of business, and between work site(s). Worker(s) must take the most direct route when leaving and returning to their place of business.

Overtime: Overtime is paid for working more than an eight (8) hour day, excluding time for meals, and work outside of straight time work hours. This includes Saturdays, Sundays, or University Holidays. Overtime will only be paid for emergency, or unscheduled repair services.

EXHIBIT B RFP SBCMP0000050160 Suspension of Work: The University will endeavor to provide at least a twelve (12) hour advance notice for any suspension of work. Should less than twelve (12) hours of advance notice be provided and the Contractor’s workers show up at the job site, the University will pay two (2) hours for “show up time.” Should the University suspend the work after the workday has begun, the University will pay the actual time worked.

The University shall have the authority to suspend the work wholly, or in part, for such period as may be deemed necessary, when work is being performed in unsuitable weather, or when any other conditions are considered unfavorable for the proper prosecution of the work. The University shall also have authority to suspend the work wholly, or in part, because of failure on the part of the Contractor to carry out orders given, or to perform any provisions of the Contract Documents. Contractor shall immediately comply with the order of the University to suspend the work wholly, or in part. Work suspended wholly, or in part, shall be resumed by Contractor on order of the University when conditions are favorable and methods corrected.

The University may order Contractor to suspend all, or any, part of the work for such period of time as may be determined by the University to be necessary or desirable for the convenience and benefit of the University.

G. Emergency Services

The Contractor shall provide emergency services on an as-required basis. The emergency service shall be available on a 24-hours basis, weekends and legal holiday included. The Contractor shall supply the University with an after-hours emergency telephone number. The Contractor shall be capable of responding to an emergency within four (4) hours after notification for system problems by an authorized University representative. All labor (bot straight and overtime,) travel costs, parts, supplies and any other expenses incurred on an emergency service call shall be invoiced separately by the contractor.

H. Service Performance

The Contract Administrator or University representative shall immediately notify the Contractor of any service deficiencies including, but not limited to:

• Delays in completing work; • Failure to perform services according to schedule; • Reporting incomplete or delayed; and • Substandard or non-compliant work.

The Contractor’s escalation matrix shall be utilized for any identified deficiencies in performance. Deficiencies must be corrected by the Contractor within one (1) working day, or longer, if agreed to in advance by the University.

EXHIBIT B RFP SBCMP0000050160 I. Work Locations and Access

The work shall be performed at the following University facilities:

1. California State University, San Bernardino, 5500 University Parkway, San Bernardino, CA 92407. 2. California State University, San Bernardino, Palm Desert Campus, 37500 Cook Street, Palm Desert, CA 92211.

All building doors are alarmed at work sites. Access to the sites will be scheduled with the University for each day that the Contractor is working at the site. Contractor shall maintain unobstructed access on driveways at work sites at all times. The Contractor may use, without cost, a reasonable area adjacent to the site of work for its operations. The location shall be approved in advance by the University.

J. Technicians

Before work begins, the Contractor shall furnish the University with a list of the assigned technicians. Technicians furnished by the Contractor and Subcontractor shall be cooperative with University staff, reliable, properly experienced, and efficient in planning and doing the work required. Assigned technicians shall maintain current, and applicable licenses for the work performed under this Contract.

REFERENCES

If Bidder has not done business with the University within the previous five (5) years, Bidder shall be required to provide three (3) local customer references (government or private industry) for contracts of similar scope and size completed within the last three (3) years. These customers may be contacted by the University. Customer contact information must be submitted on the References form located in Exhibit A, Attachment No. 4.

CONTRACT TERM

A. Requirements Contract

Bidders acknowledge that the Agreement that will be entered into as a result of this Solicitation will be a Requirements Contract. The level of effort stated herein are estimates given as a general guide for bidding and are not guaranteed amounts, but do represent the best estimate of the University, based on projected need.

B. Contract Term

The base term of the Contract shall be for a period of two (2) years, during which all prices shall remain firm. The Contract may be extended for an additional three (3), one-

EXHIBIT B RFP SBCMP0000050160 year option term(s), or any portion thereof, at the sole option and discretion of the University.

LABOR CODE PROVISIONS

The following provisions are applicable to all Work.

A. Contractor’s License Requirements

During the entire term of this Contract, and any extensions of the terms, Contractor and any approved subcontractors shall hold current and valid Contractor’s Licenses as required by California Law to perform the work set forth in this Contract.

B. DIR Registration

No contractor or subcontractor may be awarded a contract for public works on or after April 1, 2015, unless registered with DIR pursuant to California Labor Code section 1725.5. CONTRACTOR MUST SUBMIT PROOF OF CONTRACTOR REGISTRATION WITH THE DIR IN THE FORM OF A HARD COPY OF THE RELEVANT PAGE OF THE DIR’S DATABASE FOUND AT: https://efiling.dir.ca.gov/PWCR/Search.

C. Labor Code Requirements

In the performance of this Contract, Contractor’s attention is directed to the following requirements of the Labor Code:

1. Hours of Labor: Eight hours labor constitutes a legal day’s work. Contractor shall forfeit, as penalty to University, $25 for each worker employed in the performance of the Contract by Contractor, or by any subcontractor under it for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one day and forty (40) hours in any one calendar week in violation of the provisions of the California Labor Code, and in particular, Sections 1810 to 1815, inclusive.

Work performed by employees of the Contractor in excess of eight (8) hours per day and forty (40) hours during any one week shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one-and-one- half times the basic rate of pay, as provided in Section 1815.

2. Prevailing Wages: Contractor shall comply with California Labor Code Sections 1770 to 1780, inclusive. In accordance with Section 1775, the Contractor shall forfeit as a penalty to University an amount as determined by the Labor Commissioner not to exceed $200 for each calendar day or portion thereof, for each worker paid less than stipulated

EXHIBIT B RFP SBCMP0000050160 prevailing wage rates for such work or craft in which such worker is employed for any work done under the contract by him, or by any subcontractor under it, in violation of the revisions of the Labor Code, and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to Section 1775, the difference between such stipulated prevailing wage rates, and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by Contractor. Pursuant to the provisions of Section 1773 of the Labor Code, the University has obtained the general prevailing rate of per diem wages, and the general prevailing rate for holiday and overtime work applicable to the work to be done from the Director of the Department of Industrial Relations.

3. Payroll records: This Contract is subject to monitoring and enforcement by the DIR pursuant to Labor Code Section 1771.4. The Contractor must post site notices, as prescribed by regulation. The Contractor and all subcontractors shall furnish the records specified in Labor Code Section 1776 directly to the Labor Commissioner, monthly in a format prescribed by the Labor Commissioner. The Contractor’s attention is directed to the following provisions of Labor Code Section 1776. The Contractor shall be responsible for the compliance with these provisions by its subcontrators.

a. Each contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work.

b. The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:

i. A certified copy of an employee’s payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request. ii. A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to the University, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. iii. A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the University, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the

EXHIBIT B RFP SBCMP0000050160 Contractor, subcontractor and the entity through which the request was made. The public shall not be given access to such records at the principal office of the Contractor.

c. The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement, or shall contain the same information as the forms provided by the Division. Effective January 1, 2016, Contractor and each subcontractor shall submit electronic certified payroll records to the California Labor Commissioner in the manner and format set forth in California Labor Code Section 1771.4.

d. The Contractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested such records within ten (10) days after receipt of a written request.

e. Any copy of records made available for inspection as copies, and furnished upon request to the public or the University, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, shall be marked or obliterated in such a manner as to prevent disclosure of an individual’s name, address, and social security number. The name and address of the Contractor shall not be marked or obliterated.

f. The Contractor shall inform the University of the location of records enumerated under subdivision (a), including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.

g. In the event of noncompliance with the requirements of the Section, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying in what respects such contractor must comply with this Section. Should noncompliance still be evident after such 10-day period, the Contractor shall, as a penalty the State or the University, forfeit One Hundred Dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The penalties specified in subdivision (g) of Labor Code Section 1776 for noncompliance with the provisions of said Section 1776 may be deducted from any monies due, or which may become due to the Contractor.

h. The Contractor and each subcontractor shall preserve their payroll records for a period of three (3) years from the date of completion of the Contract.

4. Labor Non-discrimination: Attention is directed to Section 1735 of the Labor Code which provides that Contractor shall not discriminate against any employee or

EXHIBIT B RFP SBCMP0000050160 applicant for employment because of race or color, religion, physical or mental disability, national origin or ancestry, medical condition, marital status or sex of such persons, except as provided in Section 12940 of the Government Code. Contractor further agrees to include a similar provision in all subcontracts, except subcontracts for standard commercial suppliers or raw materials.

5. Apprentices: The Contractor and all subcontractors shall comply with the requirements of California Labor Code Sections 1777.5, 1777.6, and 1777.7 regarding the employment of apprentices.

D. Payment of Workers’ Compensation

The Contractor acknowledges that it is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation, or to undertake self-insurance in accordance with the provisions of that code, and will comply with such provisions before commencing the performance of the work of this Contract.

E. Prohibition Against Contracting with Debarred Subcontractors

Contractor is prohibited from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code.

F. Examination and Audit of Records

Pursuant to Government Code Section 8546.7, Contractor shall retain all project-related records for a period of three (3) years after the final payment on this Contract, which shall be subject to audit or inspection by the University or the State Auditor during this period.

UTILITIES

Power from 20 amp convenience outlets may be available for Contractor to use. Should Contractor furnish own electric power needed for performing the work, all concrete, asphalt concrete, and wooden surfaces shall be protected from oil and fuel spillage, such as from portable generators. Stained surfaces shall be cleaned and restored satisfactorily.

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 Resource Board, or an air pollution control University; (2) subject to cease and desist order not subject to review issued pursuant to

EXHIBIT B RFP SBCMP0000050160 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.

DUST CONTROL

Portions of the work areas at the work sites may be unpaved. The Contractor shall limit vehicle speeds, or affect other measures as required to minimize dust.

During the performance of all work under this Contract, Contractor shall assume all responsibility for dust control and shall furnish all labor, equipment, and means required to carry out proper and efficient measure wherever and whenever dust control is necessary to prevent its operations from producing dust damage or nuisance to persons and property.

Any claims resulting from inadequate dust control shall be borne solely by the Contractor and Contractor agrees to hold and save harmless University from any such claims or damages arising there from.

CONTRACTOR RESPONSIBILITIES

A. On-Boarding/Kick-Off Meeting

Prior to commencement of service with University, Contractor shall prepare an on- boarding/implementation plan in order to prevent service interruptions. At least one (1) week prior to service start date, University will meet with Contractor for a Kick-Off Meeting. The meeting topics may include, but are not limited to: 1. Contractor on-boarding/implementation plan 2. Reporting 3. University service needs 4. Scheduling requirements 5. Invoice/pricing factors 6. Terms and conditions of contract 7. List of assigned technicians 8. Escalation matrix 9. Emergency Response Plan (ERP)

The Contractor shall fully cooperate and transition the performance of services required under this Agreement to other contractors under other agreements when applicable.

B. Damages/Responsibility of Work

Work in progress, materials, and equipment may be subject to theft, damage, and/or vandalism. The Contractor shall remain fully responsible for securing the work and Contractor’s own materials and equipment. Any damage to University property must be

EXHIBIT B RFP SBCMP0000050160 reported immediately to the Contract Administrator. The Contractor shall be responsible for, and make all necessary repairs, at no cost to the University for repairs of damages, incurred during the performance of the PM Service.

The Contractor shall be solely responsible for job site safety, accident prevention, bodily injury, including death, to persons and damage to any property arising from its operations. Contractor shall comply with all applicable federal, state, and local laws and regulations, including safety orders of CAL-OSHA and of the State of California, Department of Industrial Relations, Division of Industrial Safety, and shall take, or cause to be taken, such additional measures as may be necessary for the prevention of accidents.

Contractor shall, at all times, conduct all operations under the Contract in a manner to avoid the risk of bodily harm to persons or risk of damage to any property. Contractor shall continuously inspect all work, materials, and equipment, to insure safe working conditions are maintained and damage to any property is avoided.

During the performance of the work, Contractor shall institute controls and procedures for the control and safety of persons visiting the job site.

Contractor shall maintain an accurate record of, and shall report to the University in writing, exposure data and all accidents resulting in death, traumatic injury, occupational disease, or damage to property, materials, supplies, or equipment incident to work performed under the Contract.

No part of the time lost due to any stop work order, for items related to this article, issued by proper authority shall be made the subject of claim for extension of time, or for extra costs or damages by Contractor. Compliance with the provisions of this article by subcontractors shall be the responsibility of the Contractor.

No direct payment will be made by reason of the provisions of this article and all costs in connection therewith shall be the responsibility of the Contractor. The Contractor shall, at its expense, and at no additional cost to the University, restore any property damaged by its operations to a condition satisfactory to the owner of such property.

C. Account Manager and Escalation Matrix

Contractor shall assign an Account Manager to the University’s account that is able to maintain open and timely communication with University staff at all times, who can be reached during normal business hours, and who will be responsible for passing special instructions on to workers in the event of an employee or facility emergency. The Account Manager will be solely responsible and accountable for the quality of work and addressing disciplinary issues that may arise in connection with its workers. The Account

EXHIBIT B RFP SBCMP0000050160 Manager must be directly reachable by telephone or email. An answering service or answering machine is not acceptable.

The University requires an escalation matrix to be submitted that explains how the Contractor proposes to resolve any complaints, issues, or challenges as they arise (i.e., problem escalation procedures.) The matrix shall identify all individuals who will provide support including names, position, specific responsibilities, direct phone numbers, e- mails, and addresses. The escalation matrix shall be used in the event the Account Manager is not available. If changes are made, a revised matrix must be submitted to the University’s Contract Administrator with the most current contact information.

UNIVERSITY RESPONSIBILITIES

The University shall be responsible for the following:

A. Providing reasonable means of access to University equipment.

B. Providing necessary mechanical, piping, and electrical drawings.

C. Providing Contractor with as much notice as possible, in writing, in the event a service must be removed, or added to the Maintenance Inspection Schedule.

SOLICITATION SUBMITTALS

Each Bidder shall submit, at the time of bid, the following:

A. Complete the Bid Forms, in Appendix A, in their entirety

a. Bidder’s Qualification Form b. Subcontractors Form c. References Form d. Bid Schedule Form e. Signature Page

B. Evidence that Bidder has at least five (5) years’ experience in the form of a C-10 license;

C. Statement from Contractor that assigned technician(s):

a. Have worked for Contractor or Subcontractor at least six (6) months on at least three (3) occasions during the past one (1) year. b. Are of journeyman level with minimum three (3) years’ experience working on similar systems.

D. Proof of Department of Industrial Relations (DIR) Registration from the DIR website.

EXHIBIT B RFP SBCMP0000050160

E. Evidence of ability to obtain a Payment Bond in the form of letter from surety.

F. Evidence of Insurance in the forms of a broker’s letter or insurance certificate.

EXHIBIT C RFP SBCMP0000050160 AWARD CRITERIA (100 Points Total)

The award will be made on a competitive basis using best value analysis at the discretion of California State University, San Bernardino. The award of this contract will be based solely on a combination of factors as determined to be in the best interests of the University. Responsive Contractors will be evaluated and weighted as follows:

Experience with Projects of Similar Size/Scope 60 Points Staffing Assigned to Project 20 Points Customer References 10 Points Cost 10 Points Total: 100 Points

INTERVIEWS The top two (2) scoring proposals may be scheduled for in-person interviews with the senior consultants that will be assigned to this project, if deemed necessary.

BEST AND FINAL OFFERS The University may use the Best and Final Offer (BAFO) Process that represents an optional step in the selection process in the request for proposal (RFP) process, and is not part of the contract negotiation process.

The BAFO process may be used when: • No single response addresses all the specifications; • The cost submitted by all bidders is too high; • The scores of two or more bidders are very close after the evaluation process; • All bidders submitted responses that are unclear; or, • Deficient in one or more areas.

The determination on the use of this process will be at the discretion of the University, and the number of bidders invited to submit a BAFO may be restricted, or it may offer the option to all bidders.

The bidder may receive a BAFO request stating the areas to be covered and the date and time in which the BAFO must be returned. The bidder may be requested to readdress important aspects of the proposal such as, but not limited to proposed project methodology, type or amount of resources proposed, contract terms and conditions, and/or cost.

All communication regarding the BAFO must be directed to the University contact outlined in this document. BAFOs submitted after the deadline may not be accepted. Bidders are not required to submit a BAFO, and may instead submit a written response stating that their response remains as originally submitted.

EXHIBIT C RFP SBCMP0000050160

Bidder(s) may be requested to make an oral presentation regarding their BAFO. The evaluation committee will have full discretion to accept or reject any information submitted in a BAFO.

AWARD Award shall be made at the sole discretion of CSUSB based on the proposal which best complies with the requirements of this RFP and the highest total score. CSUSB reserves the right to award one or multiple contracts. It is expected that the vendors involved in the project will successfully interact and collaborate with all resources (CSUSB and consultants) assigned to this project.

DVBE INCENTIVE In accordance with state law, a DVBE incentive is included in this RFP. Additional points (5 points maximum) will be awarded to those proposals that have at least met the DVBE goal of 3% participation. Additional points will be awarded based upon the DVBE participation levels as established in the following incentive scale:

Proposed DVBE Participation DVBE Incentive % DVBE Incentive Points Level 3% 1% 1 point 5% 2% 2 points 7% 3% 3 points 9% 4% 4 points 10% 5% 5 points

Proposers claiming the DVBE incentive must indicate their proposed level of DVBE participation on the forms in Attachment C. (Note: The incentive points cannot be used to achieve any applicable minimum point requirements. The DVBE Incentive Program may be used in conjunction with the Small Business preference which gives a 5% preference to small business proposers.)

The University reserves the right to further negotiate the terms and conditions of the contract after evaluating the proposals and discussing them further with the finalists or the tentatively selected Contractor.

EXHIBIT D RFP SBCMP0000050160

CSU GENERAL PROVISIONS FOR MAINTENANCE TASKS

1. Commencement of Work Contractor shall not commence work under the Contract until Contractor has received a fully executed Contract and been given written approval to proceed. Any work performed by Contractor prior to the date of approval shall be considered as having been performed at Contractor’s own risk and as a volunteer.

2. Contract Alterations & Integration No alteration or variation of the Contract shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated in writing in the Contract shall be binding on any of the parties hereto.

3. Severability Contractor and CSU agree that if any provision of this Contract is found to be illegal or unenforceable, such term or provision shall be deemed stricken and the remainder of the Contract shall remain in full force and effect. Either party having knowledge of such term or provision shall promptly inform the other of its presumed non-applicability. Should the illegal or unenforceable provision be a material or essential term of the Contract, the Contract shall be terminated in a manner commensurate with the interests of both parties, to the maximum extent reasonable.

4. Independent Status Contractor and its employee’s agents, and subcontractors, in the performance of this Contract, shall act in an independent capacity and not as officers, employees or agents of CSU or the State of California. While Contractor may be required by this Contract to carry Worker’s Compensation Insurance, in no event shall Contractor and its employees and agents by entitled to unemployment or workers’ compensation benefits from the CSU.

5. Governing Law To the extent not inconsistent with applicable federal law, this Contract shall be construed in accordance with and governed by the laws of the State of California.

6. Contractor's Power and Authority Contractor warrants it has full power and authority to enter into this Contract and will hold CSU harmless from and against any loss, cost, liability, and expense (including reasonable attorney fees) arising out of any breach of this warranty. Further, Contractor shall not enter into any arrangement, agreement or contract with any third party that might abridge any rights of the CSU under this Contract.

7. Assignments Contractor shall not assign this Contract, either in whole or in part, without CSU’s written consent, which will not be unreasonably withheld.

8. Personnel Contractor shall give its personal attention to the performance of the Contract and shall make every 32

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effort consistent with sound business practices to honor CSU’s requests regarding Contractor’s assignment of its employees. However, Contractor maintains the sole right to determine the assignment of its employees in order to keep all phases of work under its control. If an employee of Contractor is unable to perform due to illness, resignation or other factors beyond Contractor’s control, Contractor shall use its best effort to provide suitable substitute personnel.

9. Waiver of Rights Any action or inaction by CSU or the failure of CSU on any occasion to enforce any right or provision of this Contract shall not be a waiver by CSU of its rights hereunder and shall not prevent CSU from enforcing such provision or right on any future occasion. CSU’s rights and remedies provided in this Contract shall not be exclusive and are in addition to any other rights and remedies provided by law.

10. Time Time is of the essence in the performance of this Contract.

11. Entire Contract This Contract sets forth the entire agreement between the parties with respect to the subject matter hereof and shall govern the respective duties and obligations of each party.

12. Appropriation of Funds (a) If the term of this Contract extends into fiscal years subsequent to that in which it is approved such continuation of the Contract is subject to the appropriation of funds for such purpose by the Legislature. If funds to effect such continued payment are not appropriated, Contractor agrees to take back any commodities furnished under the Contract and not yet paid for by CSU, terminate any future services and commodities to be supplied to the CSU under the Contract, and relieve the CSU of any further obligation therefore. (b) CSU agrees that if provision (a) above is involved, commodities shall be returned to Contractor in substantially the same condition in which they were delivered, subject to normal wear and tear. CSU further agrees to pay for packing, crating, transportation to Contractor's nearest facility and for reimbursement to Contractor for expenses incurred for its assistance in such packing and crating.

13. Cancellation CSU has the right to cancel this Contract at any time and without future financial obligation upon thirty (30) days written notice to Contractor.

14. Termination for Default CSU may terminate the Contract and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, the CSU may proceed with the work in any manner deemed proper by the CSU. The cost to the CSU shall be deducted from any sum due the Contractor under the Contract, and the balance, if any, shall be paid the Contractor upon demand.

15. Rights and Remedies of CSU for Default (a) In the event any deliverables furnished or services provided by Service Provider in the performance of this Contract should fail to conform to the requirements herein, or to the design and or 33

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specifications submitted by Service Provider, CSU may reject the same. It shall thereupon become Service Provider’s duty to forthwith reclaim and remove all nonconforming deliverables and correct the performance of services, without expense to the CSU, and immediately to replace or correct all such rejected items and/or work with others conforming to the specifications. Should Service Provider fail, neglect, or refuse to do so, CSU shall thereupon have the right, but not the obligation, to complete the Statement of Work or any part thereof and charge it’s expense of completing the service/work to Service Provider and to deduct from any moneys due or that may thereafter become due to Service Provider the difference between the price named in the Contract and the actual cost thereof to the CSU. (b) In the event Service Provider fails to provide required deliverables or services, the same conditions as to CSU’s right, but not obligation, to perform the deliverables or services and receive reimbursement from Service Provider as set forth in (a) above shall apply. (c) In the event CSU terminates this Contract, either in whole or in part, for Service Provider’s default or breach, Service Provider shall compensate CSU, in addition to any other remedy CSU may have available to it, for any loss or damage sustained and cost incurred in procuring items and services which Service Provider therein agreed to supply. (d) CSU’s rights and remedies provided above shall not be exclusive and shall be in addition to any other rights and remedies provided by law, equity or this Contract.

16. Minimum Warranty (a) Unless otherwise specified in the Statement of Work, (including, without limitation, all descriptions, specifications, and drawings identified in the Statement of Work), the warranties in this subsection shall be one (1) year from date of delivery of materials (hereinafter referenced as deliverables) or services. Service Provider warrants the workmanship of services provided and deliverables, and all other aspects regarding the work, shall conform to the requirements specified in this Contract and be free from faults and defects of design, material, and workmanship. Where CSU and Service Provider have agreed to design specifications (such as a Detailed Design Document) in the Statement of Work, either directly or by reference, Service Provider hereby warrants that its deliverables shall be new and of industry standard quality in the trade and in accordance with the approved and agreed to design and specifications. (b) All warranties, including special warranties specified elsewhere in this Contract, shall inure to the CSU, its successors, assigns, customer agencies, and governmental users of the deliverables or services.

17. Safety and Accident Prevention In performing work under this Contract on CSU premises, Contractor shall conform to all specific safety requirements contained in this Contract or as required by law or regulation. Contractor shall take all additional precautions as the CSU may reasonably require for safety and accident prevention purposes. Contractor’s violation of such rules and requirements, unless promptly corrected, shall constitute a material breach of this Contract.

18. Protection/Restoration of Facilities Service Provider shall properly and adequately protect from damage all CSU property, including, but not limited to, land, structures, equipment and utilities (CSU Property) while providing goods and services under this Contract. If any CSU Property is damaged, altered or disturbed in any way during 34

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the performance of this Contract, whether by Service Provider, sub-Service Provider, or anyone acting on behalf of Service Provider, Service Provider shall restore the CSU Property to its condition prior to damage or alteration at Service Provider’s sole cost and expense. If Service Provider is unable or unwilling to restore the CSU Property, CSU shall restore the property at Service Provider’s sole cost and expense.

19. Cleaning and Removal of Debris/Salvage Service Provider shall remove at the end of each work day all dirt, debris, waste, rubbish, equipment, and obstacles to CSU pedestrian or vehicular traffic as directed by CSU. Service Provider shall thoroughly clean (vacuum, wet mop, etc.) any dust, soot or similar construction generated contaminants at the end of each work day. Service Provider shall not allow debris, waste, or unused construction material to accumulate under, in, or about the work site, nor shall they be used in backfilling. NOTE, authorized Service Provider shall not ask CSU Personnel for assistance in work or use of equipment, tools, or supplies. Upon completion of work, Service Provider shall thoroughly clean the work area, including all fixtures, equipment, floors, and hardware, and shall remove all plaster spots, stains, paint spots, and accumulated dust and dirt. This shall include thorough cleaning of all roofs, sidewalks, or other surfaces where debris may have collected. Additionally, Service Provider shall remove all scaffolding, planking, surplus materials, temporary structures, waste materials and rubbish around the equipment or upon the site and dispose of legally. Absolutely NO materials shall be left on CSU property. All salvage items removed in connection with any work remain the property of CSU and shall be deliverable to the location designated by the authorized CSU representative.

20. Insurance Requirements The Contractor shall not commence Work until it has obtained all the insurance required in this Contract, and such insurance has been approved by the CSU. a. Policies and Coverage (1) The Contractor shall obtain and maintain the following policies and coverage: (i) Comprehensive or Commercial Form General Liability Insurance, on an occurrence basis, covering Work done or to be done by or on behalf of the Contractor and providing insurance for bodily injury, personal injury, property damage, and contractual liability. The aggregate limit shall apply separately to the Work. (ii) Business Automobile Liability Insurance on an occurrence basis, covering owned, hired, and non- owned automobiles used by or on behalf of the Contractor and providing insurance for bodily injury, property damage, and contractual liability. Such insurance shall include coverage for uninsured and underinsured motorists. (iii) Worker's Compensation including Employers Liability Insurance as required by law. (2) The Contractor also may be required to obtain and maintain the following policies and coverage: (i) Environmental Impairment Liability Insurance should the Work involve hazardous materials, such as asbestos, lead, fuel storage tanks, and PCBs. (ii) Other Insurance by agreement between the Trustees and the Contractor. b. Verification of Coverage The Contractor shall submit original certificates of insurance and endorsements to the policies of insurance required by the Contract to the Trustees as evidence of the insurance coverage. Renewal 35

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certifications and endorsements shall be timely filed by the Contractor for all coverage until the Work is accepted as complete. The Trustees reserve the right to require the Contractor to furnish the Trustees complete, certified copies of all required insurance policies. c. Insurance Provisions Nothing in these insurance provisions shall be deemed to alter the indemnification provisions in this Contract. The insurance policies shall contain, or be endorsed to contain, the following provisions: (1) For the general and automobile liability policies, the State of California, the Trustees of the California State University, the University, their officers, employees, representatives, volunteers, and agents are to be covered as additional insureds. (2) For any claims related to the Work, the Contractor’s insurance coverage shall be primary insurance as respects the State of California, the Trustees of the California State University, the University, their officers, employees, representatives, volunteers, and agents. Any insurance or self-insurance maintained by the State of California, the Trustees of the California State University, the University, their officers, employees, representatives, volunteers, and agents shall be in excess of the Contractor’s insurance and shall not contribute with it. (3) Each insurance policy required by this Contract shall state that coverage shall not be canceled by either the Contractor or the insurance carrier, except after thirty (30) Days prior written notice by certified mail, return receipt requested, has been given to the Trustees. (4) The State of California, the Trustees of the California State University, the University, their officers, employees, representatives, volunteers, and agents shall not by reason of their inclusion as additional insureds incur liability to the insurance carriers for payment of premiums for such insurance. d. Amount of Insurance (1) For all projects, the insurance furnished by Contractor under this Article shall provide coverage in amounts not less than the following, unless a different amount is stated in the Supplementary General Conditions: (i) Comprehensive or Commercial Form General Liability Insurance--Limits of Liability $2,000,000 General Aggregate $1,000,000 Each Occurrence--combined single limit for bodily injury and property damage. (ii) Business Automobile Liability Insurance-Limits of Liability $1,000,000 Each Accident-- combined single limit for bodily injury and property damage to include uninsured and underinsured motorist coverage. (iii) Workers’ Compensation limits as required by law with Employers Liability limits of $1,000,000. (2) For projects involving hazardous materials, the Contractor shall provide additional coverage in amounts not less than the following, unless a different amount is stated in the Supplementary General Conditions: (i) Environmental Impairment (pollution) Liability Insurance-Limits of Liability $10,000,000 General Aggregate, $5,000,000 Each Occurrence-- combined single limit for bodily injury and property damage, including cleanup costs. (ii) In addition to the coverage described in Business Automobile Liability Insurance, the Contractor shall obtain for hazardous material transporter services: (1) MCS-90 endorsement (2) Sudden & Accidental Pollution endorsement--Limits of Liability* $2,000,000 Each Occurrence 36

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$2,000,000 General Aggregate *A higher limit on the MCS-90 endorsement required by law must be matched by the Sudden & Accidental Pollution Insurance. With the Trustees’ approval, the Contractor may delegate the responsibility to provide this additional coverage to its hazardous materials subcontractor. When the Contractor returns its signed project construction phase agreement to the Trustees, the Contractor shall also provide the Trustees with a letter stating that it is requiring its hazardous materials subcontractor to provide this additional coverage, if applicable. The Contractor shall affirm in this letter that the hazardous materials subcontractor’s certificate of insurance shall also adhere to all CSU insurance requirements. Further, this letter will provide that the subcontractor’s certificate of insurance will be provided to the Trustees as soon as the Contractor fully executes its subcontract with the hazardous materials subcontractor, or within 30 Days of the Notice to Proceed, whichever is less. e. Acceptability of Insurers Insurers shall be licensed by the State of California to transact insurance and shall hold a current A.M. Best’s rating of A:VII, or shall be a carrier otherwise acceptable to the University. f. Subcontractor’s Insurance Contractor shall ensure that its subcontractors are covered by insurance of the types required by this Contract, and that the amount of insurance for each subcontractor is appropriate for that subcontractor’s Work. Contractor shall not allow any subcontractor to commence Work on its subcontract until the insurance has been obtained. Only the Contractor and its hazardous materials subcontractor(s) shall have the coverage for projects involving hazardous materials. g. Miscellaneous (1) Any deductible under any policy of insurance required in this Contract shall be Contractor’s liability. (2) Acceptance of certificates of insurance by the Trustees shall not limit the Contractor’s liability under the Contract. (3) In the event the Contractor does not comply with these insurance requirements, the Trustees may, at its option, provide insurance coverage to protect the Trustees. The cost of the insurance shall be paid by the Contractor and, if prompt payment is not received, may be deducted from Contract sums otherwise due the Contractor. (4) If the Trustees are damaged by the failure of Contractor to provide or maintain the required insurance, the Contractor shall pay the Trustees for all such damages. (5) The Contractor’s obligations to obtain and maintain all required insurance are non-delegable duties under this Contract. (6) The Contractor’s liability for damages proximately caused by acts of God (as defined in Public Contract Code section 7105) and not involving Contractor negligence shall be limited to five percent of the Contract.

21. General Indemnity Contractor shall indemnify, defend, and hold harmless the State of California, Board of Trustees of the California State University, CSU, and their respective officers, agents and employees from any and all claims and losses accruing or resulting to any other person, firm or corporation furnishing or supplying work, service, materials or supplies in connection with the performance of this Contract, 37

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and from any and all claims and losses accruing or resulting to any person, firm or corporation related to, arising out of or resulting from Contractor’s performance of this Contract.

22. Invoices Invoices shall be submitted, in arrears, to the address provided in the Contract. Each invoice must contain the Contract number and Contractor's Identification number. Final invoice shall be marked as such. Contractor shall submit invoices to CSU for payment of goods and services rendered. Unless otherwise specified, CSU shall pay properly submitted invoices not more than 45 days after (a) CSU’s acceptance of goods; (b) the performance completion date of services; or (c) receipt of an undisputed invoice, whichever is later. Late payment penalties shall not apply to this Contract. The consideration to be paid Contractor, as described within the Contract, shall be in full compensation for all of Contractor’s expenses incurred in the performance of this Contract, including travel and per diem, unless otherwise expressly so provided.

23. Taxes, Fees, Expenses, and Extras (a) Articles sold to CSU are exempt from certain Federal Excise Taxes. CSU will furnish an exemption certificate on request. (b) Unless specified otherwise, prices quoted shall include all required and applicable taxes, delivery charges, insurance, license fees, permits, and costs of bonds.

24. Patent, Copyright, and Trade Secret Indemnity (a) Contractor shall indemnify, defend, and hold harmless the State of California, Board of Trustees of the California State University (CSU), and their respective officers, agents, and employees (collectively referred to as CSU), from any and all third party claims, costs (including without limitation reasonable attorneys’ fees), and losses for infringement or violation of any Intellectual Property Right, domestic or foreign, by any product or service provided hereunder. With respect to claims arising from computer Hardware or Software manufactured by a third party and sold by Contractor as a reseller, Contractor will pass through to CSU, in addition to the foregoing provision, such indemnity rights as it receives from such third party (“Third Party Obligation”) and will cooperate in enforcing them; provided that if the third party manufacturer fails to honor the Third Party Obligation, Contractor will provide CSU with indemnity protection. (i) CSU will notify Contractor of such claim in writing and tender its defense within a reasonable time; and (ii) Contractor will control the defense of any action on such claim and all negotiations for its settlement or compromise, except when substantial principles of government or public law are involved, when litigation might create precedent affecting future CSU operations or liability, or when involvement of the CSU is otherwise mandated by law. In such case no settlement shall be entered into on behalf of CSU without CSU’s written approval. (b) Contractor may be required to furnish CSU a bond against any and all loss, damage, costs, expenses, claims and liability for patent, copyright and trade secret infringement. (c) Should the Deliverables or Software, or the operation thereof, become, or in the Contactor’s opinion are likely to become, the subject of a claim of infringement or violation of a Intellectual Property Right, whether domestic or foreign, CSU shall permit Contractor at its option and expense either to procure for CSU the right to continue using the Deliverables or Software or to replace or modify the 38

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same so they become non-infringing, provided they comply with Contract and performance requirements and/or expectations. If neither option can reasonably practicable or if the use of such Deliverables or Software by CSU shall be prevented by injunction, Contractor agrees to take back such Deliverables or Software and use its best effort to assist CSU in procuring substitute Deliverables or Software at Contractors cost and expense. If, in the sole opinion of CSU, the return of such infringing Deliverables or Software makes the retention of other Deliverables or Software acquired from Contractor under this Contract impracticable, CSU shall then have the option of terminating this Contract, or applicable portions thereof, without penalty or termination charge. Contractor agrees to take back such Deliverables or Software and refund any sums CSU paid Contractor less any reasonable amount for use or damage. (d) Contractor certifies it has appropriate systems and controls in place to ensure State funds will not be used in the performance of this Contract for the acquisition, operation or maintenance of computer Software in violation of copyright laws.

25. Rights in Work Product All inventions, discoveries, intellectual property, technical communications and records originated or prepared by Contractor pursuant to this Contract, including papers, reports, charts, computer programs, and other Documentation or improvements thereto, and including Contractor's administrative communications and records relating to this Contract (collectively, the "Work Product"), shall be Contractor's exclusive property. The provisions of this sub-section (a) may be revised in a Statement of Work.

26. Examination and Audit For contracts in excess of $10,000, Contractor shall be subject to the examination and audit by (a) the Office of the University Auditor, and (b) the Bureau of State Audits, for a period of three (3) years after final payment under the Contract. The examination and audit shall be confined to those matters connected with the performance of the contract, including, but not limited to, the costs of administering the Contract. Note: Authority Cited: Government Code Section 8546.7; Education Code Section 89045(c & d), respectively.

27. Dispute Any dispute arising under or resulting from this Contract that is not resolved within 60 days of time by authorized representatives of Contractor and CSU shall be brought to the attention of Contractor’s Chief Executive Officer (or designee) and CSU’s Chief Business Officer (or designee) for resolution. Either Contractor or CSU may request that the CSU Vice Chancellor, Business and Finance (or designee) participate in the dispute resolution process to provide advice regarding CSU contracting policies and procedures. If this informal dispute resolution process is unsuccessful, the parties may pursue all remedies not inconsistent with this Contract. Despite an unresolved dispute, Contractor shall continue without delay in performing its responsibilities under this Contract. Contractor shall accurately and adequately document all service it has performed under this Contract.

28. Conflict of Interest CSU requires a Statement of Economic Interests (California Form 700) to be filed by any Consultant (or Contractor) who is involved in the making or participation in the making of decisions which may foreseeably have a material effect on any CSU financial interest. 39

EXHIBIT D RFP SBCMP0000050160

29. Follow-On Contracts No person, firm, or subsidiary thereof who has been awarded a contract for Consulting Services or providing Direction (as provided below) may submit a bid or be awarded a contract for the provision of services, the procurement of goods or supplies, or any other related action that is required, suggested, or otherwise deemed appropriate in the end product of the consulting services contract. (a) If Contractor or its affiliates provides Consulting and Direction, Contractor and its affiliates: (i) shall not be awarded a subsequent Contract to supply the service or system, or any significant component thereof, that is used for, or in connection with, any subject of such Consulting and Direction; and (ii) shall not act as consultant to any person or entity that does receive a Contract described in subsection (i). This prohibition will continue for one (1) year after termination of this Contract or completion of the Consulting and Direction, whichever is later. (b) “Consulting and Direction” means services for which Contractor received compensation from CSU and includes: (i) development of, or assistance in the development, of work statements, specifications, solicitations, or feasibility studies; (ii) development or design of test requirements; (iii) evaluation of test data; (iv) direction of or evaluation of another Contractor; (v) provision of formal recommendations regarding the acquisition of products or services; or (vi) provisions of formal recommendations regarding any of the above. For purposes of this Section, “affiliates” are employees, directors, partners, joint venture participants, parent corporations, subsidiaries, or any other entity controlled by, controlling, or under common control with Contractor. Control exists when an entity owns or directs more than fifty percent (50%) of the outstanding shares or securities representing the right to vote for the election of directors or other managing authority. (c) Except as prohibited by law, the restrictions of this Section will not apply: (i) to follow-on advice given by vendors of commercial off-the-shelf products, including Software and Hardware, on the operation, integration, repair, or maintenance of such products after sale; or (ii) where CSU has entered into a Contract for Software or services and the scope of work at the time of Contract execution expressly calls for future recommendations among the Contractor’s own products. (d) The restrictions set forth in this Section are in addition to conflict of interest restrictions imposed on public Contractors by California law (“Conflict Laws”). In the event of any inconsistency, such Conflict Laws override the provisions of this Section, even if enacted after execution of this Contract.

30. Endorsement Nothing contained in this Contract shall be construed as conferring on any party, any right to use the other party’s name as an endorsement of product/service or to advertise, promote or otherwise market any product or service without the prior written consent of the other party. Furthermore nothing in this Contract shall be construed as endorsement of any commercial product or service by the CSU, its officers or employees.

EXHIBIT D RFP SBCMP0000050160

31. Covenant Against Gratuities Contractor shall warrant that no gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by Contractor, or any agent or representative of Contractor, to any officer or employee of CSU with a view toward securing the Contract or securing favorable treatment with respect to any determinations concerning the performance of the Contract. For breach or violation of this warranty, CSU shall have the right to terminate the Contract, either in whole or in part, and any loss or damage sustained by CSU in procuring on the open market any items that Contractor agreed to supply shall be borne and paid for solely by Contractor. CSU’s rights and remedies provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under the Contract.

32. Nondiscrimination (a) During the performance of this Contract, Contractor and its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, sexual orientation, race, color, ancestry, religious creed, national origin, disability (including HIV and AIDS), medical condition, age, marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. (b) Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12990 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Contract by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (c) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Contract.

33. Compliance with NLRB Orders Contractor declares under penalty of perjury under the laws of the State of California that no more than one 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 to comply with an order of the National Labor Relations Board. Note: Cite Authority: PCC 10296

34. Drug-Free Workplace Certification Contractor certifies that Contractor shall comply with the requirements of the Drug-Free Workplace Act of 1990 and shall 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 all of the following: (i) the dangers of drug abuse in the workplace; (ii) the person's or organization's policy of maintaining a drug-free workplace; 41

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(iii) any available counseling, rehabilitation and employee assistance programs; and (iv) penalties that may be imposed upon employees for drug abuse violations. (c) Provide that every employee who works on the proposed or resulting Contract: (i) will receive a copy of the company's drug- free policy statement; and, (ii) will agree to abide by the terms of the company's statement as a condition of employment on the Contract. Note: Authority Cited: Government Code Section 8350-8357

35. Forced, Convict, Indentured and Child Labor By accepting a contract with CSU, Contractor: (a) Certifies that no equipment, materials, or supplies furnished to CSU pursuant to this Contract have been 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. Contractor further certifies it will adhere to the Sweat free Code of Conduct as set forth on the California Department of Industrial Relations website located at http://www.dir.ca.gov/, and Public Contract Code Section 6108. (b) Agrees to cooperate fully in providing reasonable access to its records, documents, agents or employees, or premises if reasonably required by authorized officials of the State, the Department of Industrial Relations, or the Department of Justice to determine Contractor's compliance with the requirements under paragraph (a).

36. Recycled Content Certification Contractor shall certify in writing the minimum, if not exact, percentage of postconsumer material, as defined in Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to CSU regardless whether the product meets the requirements of Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (PCC 12205).

37. Child Support Compliance Act For any contract in excess of $100,000, Contractor acknowledges in accordance with Public Contract Code Section 7110, that: (a) Contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code; and (b) Contractor, to the best of its knowledge, is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

38. Americans With Disabilities Act (ADA) Contractor warrants that it complies with California and federal disabilities laws and regulations. (Americans with Disabilities Act of 1990, 42 U.S.C. 12101et seq). Contractor hereby warrants the products or services it will provide under this Contract comply with the accessibility requirements of Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), and its implementing 42

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regulations set forth at Title 36, Code of Federal Regulations, Part 1194. Contractor agrees to promptly respond to and resolve any complaint regarding accessibility of its products or services. Contractor further agrees to indemnify and hold harmless CSU from any claims arising out of Contractor’s failure to comply with the aforesaid requirements. Failure to comply with these requirements shall constitute a material breach of this Contract.

39. Expatriate Corporation Contractor declares and certifies that it is not and expatriate corporation, and is not precluded from contracting with CSU by The California Taxpayer and Shareholder Protection Act of 2003, Public Contract Code Section 10286, et seq.

40. Citizenship and Public Benefits If Contractor is a natural person, Contractor certifies he or she is a citizen or national of the United States or otherwise qualified to receive public benefits under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193; 110 STAT.2105, 2268-69).

41. DVBE and Small Business Participation (a) If Contractor has committed to achieve small business (SB) participation it shall, within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract), report to CSU: (1) the name and address of the SB(s) who participated in the performance of the Contract; (2) the total amount the prime Contractor received under the Contract; and (3) the amount each SB received from the prime Contractor.(Govt. Code § 14841.) (b) If Contractor has committed to achieve disabled veteran business enterprise (DVBE) participation, it shall, within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract), report to CSU: (1) the name and address of the DVBE(s) who participated in the performance of the Contract; (2) the total amount the prime Contractor received under the Contract; and (3) the amount each DVBE received from the prime Contractor. The Contractor shall also certify that all payments under the Contract have been made to the DVBE. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code §14841)

42. Contractor’s Staff Contractor warrants that its staff, which is assigned to performing work under this Contract, is legally able to perform such duties in the country where the work is being performed.

43. Compliance with Applicable Regulations The project, when completed, shall conform to the specifications and plans as last amended, and applicable regulations and requirements of the CSU and the State of California.

44. Hazardous Materials/Environmental Requirements In the event of a spill of a hazardous waste, as defined in California Code of Regulations, Title 22, Section 66261.3, at the construction site or within the boundaries of CSU property, the Service Provider shall immediately notify authorized CSU personnel and will make every effort to mitigate the spill and minimize its effect on the environment. 43

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(a). Hazardous Materials (1) Asbestos The Service Provider is prohibited from installing any asbestos-containing materials or products in any Work to be performed under this Contract. The Service Provider shall be responsible for removal and replacement costs should it be determined this provision has been violated; this responsibility shall not be limited in duration by Project completion, the warranty period, or other provisions of this Contract. (2) Lead The Service Provider is prohibited from installing any lead-containing materials or products, including paint, in any Work to be performed under this Contract without the written consent of the Executive Facilities Officer and Director of Environmental Health and Safety. The Service Provider r shall be responsible for removal and replacement costs should it be determined this provision has been violated; this responsibility shall not be limited in duration by Project completion, the warranty period, or other provisions of this Contract. Notwithstanding the foregoing paragraph, in the event of an emergency constituting an immediate hazard to health or safety of The Trustees’ employees, property, or licenses, the CSU may undertake, at the Service Provider’s expense, without prior notice, all work necessary to correct such violation. The CSU may bring to the attention of the Service Provider a possible hazardous situation in the field regarding the safety of personnel on the site. The Service Provider shall be responsible for verifying the observance of all local, state, and federal workplace safety guidelines. In no case shall this right to notify the Service Provider absolve the Service Provider of its responsibility for monitoring safety conditions. Such notification shall not imply that anyone other than the Service Provider has assumed any responsibility for field safety operations. Explosives shall not be used without first obtaining written permission from the CSU and then shall be used only with the utmost care and within the limitations set in the written permission and in accordance with prudence and safety standards required by law. Storage of explosives on the Project site or CSU is prohibited. Powder activated tools are not explosive for purposes of this Article; however, such tools shall only be used in conformance with State safety regulations.

(b). Environmental Requirement (1) Air and Water Pollution Control The Service Provider shall comply with all air and water pollution control rules, regulations, ordinances and statutes which apply to the Work performed under the Contract, including any air pollution control rules, regulations, ordinances and statutes adopted under the authority of section 11017 of the Government Code. Service Provider must be eligible to perform work for the State, and is deemed eligible if not found to be in violation of any order, resolution, or regulation relating to air or water pollution adopted in accordance with Government Code Section 4477. In the absence of any applicable air pollution control rules, regulations, ordinances or statutes governing solvents, all solvents, including but not limited to the solvent portions of paints, thinners, curing compounds, and liquid asphalt used on the Project, shall comply with the applicable material requirements of the Air Quality Management District (AQMD). All containers of solvent, paint, thinner, curing compound or liquid asphalt shall be labeled to indicate that the contents fully comply with these requirements. Unless otherwise provided in the special provisions, material to be disposed of shall not be burned either inside or outside the premises. A regular watering program shall be initiated to adequately control the amount of fugitive dust in accordance with applicable AQMD rules. Exposed soil surfaces 44

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shall be sprayed with water at least daily and as needed to mitigate dust (see also Article 4.08-c, Protection of Facilities). Trucks hauling dirt from the site shall be covered in accordance with applicable state and local requirements. To reduce exhaust emissions, unnecessary idling of construction vehicles and equipment shall be avoided. (2) Sound Control Requirements The Service Provider shall comply with all sound control and noise level rules, regulations and ordinances which apply to the Work. In the absence of any such rules, regulations and ordinances, the Service Provider shall conduct its Work to minimize disruption to others due to sound and noise from the workers, and shall be responsive to the CSU’ requests to reduce noise levels. Each internal combustion engine, used for any purpose on the Project or related to the Project, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the Project without a muffler. Construction equipment shall be fitted with modern emission control devices and shall be kept in proper tune. Loading and unloading of construction materials will be scheduled so as to minimize disruptions to campus activities. Construction activities will be scheduled to minimize disruption to the CSU and to campus users. (3) Archaeological Finds If the Service Provider discovers any artifacts during excavation and/or construction, the Service Provider shall stop all affected work and notify the CSU, who will call in a qualified archaeologist designated by the California Archaeological Inventory to assess the discovery and suggest further mitigation, as necessary. If the Service Provider discovers human remains, the Service Provider shall notify the CSU who will be responsible for contacting the county coroner and a qualified archaeologist. If the remains are determined to be Native American, the CSU shall contact the appropriate tribal representatives to oversee removal of the remains.

45. Prevailing Wage In accordance with Labor Code Section 1720, Service Provider must pay employees the current prevailing rate wages for work on this service.

EXHIBIT E RFP SBCMP0000050160

AGREEMENT NUMBER AM. NO. SBCMP0000050160 MASTER AGREEMENT CONTRACTOR IDENTIFICATION NUMBER SBCMP00000xxxxx

THIS AGREEMENT, made and entered into this ___day of ___, _2018_ in the State of California, by and between the Trustees of the California State University, which is the State of California acting in a higher education capacity, through its duly appointed and acting officer, hereinafter called CSU and CONTRACTOR’S NAME Contractor/Bidder , hereafter called Contractor, WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulation of the University hereinafter expressed, does hereby agree to furnish to the University services and materials as follows:

IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. UNIVERSITY CONTRACTOR

Trustees of the California State University Conctractor/Bidder BY (AUTHORIZED SIGNATURE) DATE BY (AUTHORIZED SIGNATURE) DATE

  PRINTED NAME AND TITLE OF PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING Marie Torres, Interim Manager, Procurement and Contracts

ADDRESS ADDRESS 5500 University Pkwy San Bernardino, CA 92407

SERVICE LOCATIONS AND FREQUENCY OF SERVICES EXHIBIT F RFP SBCMP0000050160

EQUIPMENT ANNUAL NUMBER LOCATION MAKE MODEL SERIAL MONTHLY SERVICE NATUR- NUMBER CHECK & LOAD AL GAS TEST 30EK- EG301 Animal House Onan 4R/13A 170182672 √ √ Biological CAT00C66HS EG321 Sciences Caterpillar D150-8 DA00407 √ √ Cenic Bldg EG323 (Palm Desert) Generac 5061690100 208061 √ √ √ Chemical CAT00000EC (Has EG320 Sciences Caterpillar SR4B B X00720 √ Built-In Load Bank) College of Spectrum/ EG328 Education Detroit 150DSFJD 2141847 √ OLY0000PN EG322 Commons Olympian G10U35 G B00200 √ √ Facilities EG317 Planning & Olympian D30P1 E785A/001 √ √ Management CAT00C44C EG330 Health Center Caterpillar C4.4 D 4B01616 √ √ Health & Caterpillar/ EG312 Physical Edu. Olympian 93A04063-5 2009787 √ Health EG326 Sciences Kohler 150RE0ZJD 216276 √ √ (Palm Desert)

EG313 Jack Brown Generac 42A03432-5 2004872 √ Parking EG324 Structure Kohler 125RE0ZJD 216028 West 101 Pfau Library DQHAB- EG325 Addition Onan 6382416 8080154233 √ √ Physical EG308 Education Onan 12.5YDAL 97C976145 √ √ Physical T00644HN4E EG327 Science Caterpillar D1004 01 √ √ Social & EG315 Behavioral Caterpillar SR4B 9CR02511 √ √ Sciences University DSFAE- EG331 Enterprise Cummins 1402606 C140654783 √ √

EG311 University Hall Caterpillar SR4 1JJ00499 √ University EG314 Police Generac 99A00211-S 2045841 √ √ New Housing Kohler 150REOZJF SGM32K8C TBD Commons H √ √

AD Administration Legend AF Auto Fleet Services AH Animal House/ Vivarium Disability/Medical Information Parking Areas Center (IC) AR Academic Research OB AS Administrative Services Emergency Parking Permit AV Arrowhead Village Housing Phones Dispensers* BI Biological Sciences BK Coyote Bookstore Palm Desert Campus Bicycle CC Children's Center Shuttle Racks 5500 University Parkway, San Bernardino, CA 92407-2393 CE College of Education

y. CH Chaparral Hall (909) 537-5000 • www.csusb.edu dw No Entry R h CO Commons ic t a CS Chemical Sciences M Soccer

EV Charging .

A DD Univ. Center for

Campus Map 2018 Stations Field

t Developmental Disabilities r March 26, 2018 a ES Environ. Health & Safety

*Parking permits are required to NORTH CAMPUS CIRCLE E a park on campus at all times – s Nor cle t 24 hours a day/7 days a week. North Campus Circle th Campus Cir C am csusb.edu/parking Leadership p PK2 us Lot Challenge Center C EAST ir PK1 Basketball, c Education Ln. le

Science Ln. Tennis & WEST HA UP N Racquetball . TO 145-146 Coussoulis Courts Lot AH & TC 29-32 Arena AF mo Dr HP TK ES L Ther Athletic CS FM Lot BI Center for Fields Global CE Dr. Prem Reddy Peace RF Little A Lot Innovation Nursing Lab Pool Mountain Garden Dr. PS Under Softball PW Construction PE M Anthropology Legacy Fountain Field Museum Central Walk AS Coyote Crt. . SB r VA RAFFMA Lot . D TC 13-5-17 d YC v ampus . PL l C JB B to Campus Circle G k  r FM Facilities Planning & Mgmt. Kendall Dr a

HC Lot p FO Faculty Oﬃce Building West Museum Dr. Museum UE FO Student Housing & h t HA HVAC Central Plant Dining Commons r DD AD SU Under Construction H o HC Student Health Center Lot AR N HP Health & PE Complex/ CC SH E IC-2 Coy Coussoulis Arena o Bannex Wild Song t IC Information Centers r. PA e Dr D JB Jack H. Brown Hall Ash CH CO . OB Murillo Family Observatory Under Construction SV Lot Parking UH PA Performing Arts/ Theatre/

BK Student Union Ln. Recital Hall Lot Services F PE Physical Education TO BARSTOW Map to B PK1 Parking Structure West Victorville PK2 Parking Structure East PL John M. Pfau Library Kendall Dr. Sierra Dr. PS Physical Sciences r. AV s D Serr MAP NOT TO pu Public PW Plant/Central Warehouse SCALE Palm am . Bus Stop & C y Lot Lot ano Village Dr. RF Student Rec. & Wellness Ctr. Ave. kw P TO SB MTNS. IC-1 SB Social & Behavioral Sciences y

t “E” si C SH Sierra Hall r D TO e PASADENA iv St. SU Santos Manuel Student Union Un SV Serrano Village Ontario San TC Temp. Classrooms Bernardino TK Temp. Kinesiology Annex lvd. Northpark B TO Temp. Oﬃces Riverside Redlands UE University Enterprises UH University Hall TO L.A. UV Moreno TO PALM UP University Police TO BEACH Valley SPRINGS UV University Village CITIES Corona VA Visual Arts Center/Robert & Perris Frances Fullerton Museum of Art

TO SAN DIEGO TO TEMECULA University Parkway YC Yasuda Ctr. for Ext. Learning Mar. 11, 2016

37-500 Cook Street Palm Desert, CA 92211 • (760) 341-2883 • http://pdc.csusb.edu

*Parking permits are required to park on campus at all times – 24 hours a day/7 days a week. http://parking.csusb.edu

Map to

TO PALM Palm Desert SPRINGS Campus Recreation and Wellness Center 36901 Cook Street, Palm Desert, CA 92211

Cook Street Cook TO INDIO

Berger DriveCircle WestDrive Frank Sinatra Drive

? LotB Cook Street LotA

IWT IWC CSUSB Main Campus Shuttle

MAP NOT TO SCALE

HS Alphabetical Index HS Palm Desert Health Sciences Bldg IWC Indian Wells Center For Educational Excellence IWT Indian Wells Theater RG Mary Stuart Rogers Gateway Bldg

Emergency Disability/Medical Information San Bernardino Parking Permit Legend Phones Parking Areas ? Centers (IC) Campus Shuttle Dispenser*

SBCMP0000050160

SMALL BUSINESS PREFERENCE AND CERTIFICATION REQUEST (Bidders requesting a 5% Small Business Preference must enclose this form in the Bid Package)

The undersigned hereby requests preference as a “Small Business” and further certifies under penalty of perjury, that the firm still meets the requirements of Section 1896(l) Title 2, of the California Administrative Code.

NOTICE TO ALL BIDDERS: Section 14835 et seq. of the California Government Code, requires that a five percent preference be given to bidders who qualify as a small business. The rules and regulations of this law, including the definition of a small business for the delivery of service, are contained in Title 2, California Code of Regulations, Section 1896, et seq. A copy of the regulations is available upon request. If your firm is a Small Business and wishes to claim the small business preference, which may not exceed $50,000 for any bid, your firm must have its principal place of business located in California, have a complete application (including proof of annual receipts) on file with the Small Business & DVBE Services Branch, in the Procurement Division of the State of California Department of General Services, by 5:00 p.m. on the date bids are opened, and be verified by such office. Or, if your firm is a Non-Small Business and wishes to claim the small business preference, your firm must notify the Trustees by signing below, that your firm commits to subcontract at least 25% of its net bid price with one or more small businesses, submit a timely responsive bid, list the small business subcontractors and include name, address, phone number, portion of the work to be performed, and the dollar amount and percentage per subcontractor, and be determined a responsible bidder. Questions regarding the preference approval process should be directed to Small Business & DVBE Services, telephone (800) 559-5529 or (916) 375-4940, address: 707 Third Street, First Floor-Room 400, West Sacramento, CA 95605, or if by mail: P.O. Box 989052, West Sacramento, CA 95798-9052. You can also reach them via email ([email protected]) or on the Internet: www.pd.dgs.ca.gov/smbus.

IMPORTANT NOTICE (Read before signing)

The “Small Business Preference and Certification Request” must be signed in the same name style in which the bidder is licensed by the contractor’s state license board. Bidders bidding jointly or as a combination of several business organizations are specially cautioned that such bidders must be jointly licensed and approved in the same form and style in which the bid is executed.

Legal Name Style of Bidder(s)

SIGNATURE OF BIDDER DATE In the event the bidder has received assistance in obtaining bonding for this project, he/she shall set forth the name and nature of the firm providing such assistance. Should the firm be listed as a subcontractor, bidder shall set for the percentage of the contract to be performed by the subcontractor.

NAME OF FIRM

SUBCONTRACTOR

Is firm a listed subcontractor?  YES  NO PERCENTAGE ______%

Special attention is directed to section 1896.12 for penalties for furnishing incorrect supporting information in obtaining preference. 10/06

SBCMP0000050160

DVBE Transmittal Form

The DVBE Transmittal Form is to be attached and used as a cover sheet for the required DVBE documentation that must be submitted within the time frame specified in the bid solicitation.

Campus:

Project Name:

Project Number:

Bid Date:

Name of Contractor Submitting Bid:

Please check off the following to insure you have included them in your documentation:

____ Attachment 1: Summary of DVBE Participation

____Attachment 2: Bidder’s Certification of DVBE Status of Subcontractors and Suppliers

____ Attachment of Any Additional Supporting Documentation

SBCMP0000050160

Attachment 1

SUMMARY OF DISABLED VETERAN OWNED BUSINESS PARTICIPATION

CLAIMED DVBE PERCENTAGE OF OSDS DVBE COMPANY NAME NATURE OF WORK CONTRACTING WITH TIER VALUE $ CONTRACT (%) CERTIFICATION

I declare under penalty of perjury, under the laws of the State of California, that the information herein is true and correct to the best of my knowledge.

Executed on: ______, at ______in the state of ______Date City

Signature of Contractor or Authorized Agent Project Name Project Number

Printed Name Firm Name Telephone

SBCMP0000050160

Attachment 2

BIDDER'S CERTIFICATION DISABLED VETERAN BUSINESS ENTERPRISE STATUS OF SUBCONTRACTORS AND SUPPLIERS

I hereby certify that I have made a diligent effort to ascertain the facts with regard to the representations made herein and, to the best of my knowledge and belief, each firm set forth in this bid as a disabled veteran business enterprise complies with the relevant definition set forth in law. In making this certification, I am aware of Section 12650 et seq. of the Government Code providing for the imposition of treble damages for making false claims against the State, Section 10115.10 of the Public Contract Code making it a crime to intentionally make an untrue statement in this certificate, and the provisions of Section 999.9 of the Military and Veterans Code.

Date Signature of Authorized Agent

Title