CONTRACTORS ASSISTANCE CENTER RESOURCE GUIDE

Transcription

1 CONTRACTORS ASSISTANCE CENTER RESOURCE GUIDE May 2014

2 Contractors Assistance Center Overview San Francisco is poised to invest billions of dollars into the City s aging public infrastructure water, sewer, roads, and transit systems. Local and small businesses will need tools and resources to adequately get access to, compete for, and perform on these contracting opportunities. The Contractors Assistance Center will help businesses take advantage of these opportunities. Offering a range of services, from technical assistance and classroom training to networking events and one-on-one counseling, the Center tailors its offerings to the specific needs of new and existing business owners. In the Center, professional service firms, construction companies, vendors, and suppliers now have a unique and free resource that supports the City s economic vitality and strengthens its neighborhoods, commercial corridors, and the San Francisco workforce. 2 Contractors Assistance Center

3 Resource Guide Table of Contents FINDING THE WORK PG 04 Introduction Contractors Assistance Center The Website Other Online Resources Print Resources Job Order Contracts Program BIDDING REQUIREMENTS PG 13 Checklist Sample Bid Forms Surety Bond & Finance Assistance Program SMALL BUSINESS POLICIES AND REGULATIONS PG 58 Introduction New Ordinance 14.B5 Contract Monitoring Division: Rules and Regulations Contract Monitoring Division: LB5 Program for Construction Contracts Contract Monitoring Division Certification Summary WORKFORCE POLICIES AND REGULATIONS PG 68 Project Labor Agreement City Build Construction Workforce Policies Office of Labor Standards Government Requirements Local Hiring Policy Local Hiring Policy Exemptions First Source Hiring Labor Standards Enforcement REFERENCES PG 78 Contacts The Center is an integral part of the City and County of San Francisco s efforts to support economic, workforce and business development. The SFPUC will manage the Center and work closely with other City departments and City contract awarding agencies. 3 Contractors Assistance Center

4 FINDING THE WORK

5 Finding the Work Introduction The Contractors Assistance Center is a free resource for new and existing small business owners to obtain the services and technical trainings needed to establish and grow their business. Offering a range of services from technical assistance and classroom training to networking events and one-on-one counseling, the Center tailors its offerings to the specific needs of small, local business owners. All business owners construction contractors, professional service consultants, vendors and suppliers can get knowledge, real-time valuable information, skills, and state-of-the-art tools from trusted, experienced advisors, to get access to, compete for and successfully perform on contract opportunities with the City and County of San Francisco. ACCESS [ac cess: gain entry to] Secure Necessary Certifications and Registrations: We can help determine if your company is eligible for and assist your business with the certification and registration process. Identify Contracting Opportunities: We can help your business find contracting opportunities that are aligned with your experience, expertise, and capacity by providing access to our Plan Room and a database of City contracting opportunities. Assess Capital Requirements and Financial Risk: We can help your business identify and determine financial assistance for capital needs and future resources, as well as assess credit and the ability to obtain loans, bonds, and insurance. COMPETE [com pete: gain or win something, establish superiority] Networking Opportunities: We regularly host networking events which provide opportunities for businesses to connect and collaborate. Plot Your Business Development Strategy: We offer training and counseling sessions to develop your business growth strategy using proven techniques and methods. Assistance Preparing Bids and Proposals: We offer classroom and one-on-one training to assist your business in navigating solicitation packages, including documents and processes, reviewing project schedules, and determining quantities and preparing estimates. PERFORM [per form: accomplish; achieve, fulfill; complete] Learn the Skills Necessary to Coordinate Project Delivery: We offer training on how to properly submit a Request for Information or develop a project schedule to ensure on-time project delivery. Comply with City Programs and Get Paid: We offer training on compliance with City program requirements Local Business Enterprise, Prevailing Wage, Local Hire as well as the City s different invoicing software programs. Develop a Financial Game Plan: We offer training in cash flow management, accounting and financial recordkeeping so your business has all the tools necessary to grow with each contract. Contractors Assistance Center 5 Thomas Mellon Circle, Suite 168, San Francisco, CA Phone: (415) ; Fax: (415) acp@sfwater.org Website: Hours: 8:30 AM 5:30 PM (Monday Friday) For More Information contact Ben Poole Phone: (415) ; bpoole@sfwater.org 5 Contractors Assistance Center

6 Finding the Work The Website MAIN SFWATER.ORG PAGE Navigate to the Contracts & Bids page through the drop down menus at the top of the page 6 Contractors Assistance Center

7 Finding the Work The Website MAIN CONTRACTS & BIDS PAGE Click on specific projects to get additional details 7 Contractors Assistance Center

8 Finding the Work The Website PROJECT SPECIFIC PAGE Navigate to additional details about the project using the tabs near the top of the page Details: a brief project description, important dates and other key information Documents: project specific documents available for download Sub Requests: requests from prime contractors to LBE firms to fulfill subcontracts Interested Parties: contact information of all parties that have downloaded information for the specific project 8 Contractors Assistance Center

9 Finding the Work The Website DOCUMENTS PAGE AFTER PROJECT SPECIFIC PAGE 9 Contractors Assistance Center

10 Finding the Work The Website REGISTRATION PAGE AFTER DOCUMENTS PAGE You must be a registered user to download any documents for a project 10 Contractors Assistance Center

11 Finding the Work The Website SUB REQUESTS PAGE AFTER PROJECT SPECIFIC PAGE 11 Contractors Assistance Center

12 Finding the Work Job Order Contracts Program Job Order Contracts Program The SFPUC implemented its Job Order Contracts (JOC) Program in 2007 and has placed over $120M of construction work in the eight-county service area. Working with JOC pioneer - The Gordian Group - the SFPUC Job Order Contracts Program has brought on call, high quality construction to SFPUC facilities and infrastructure. The LBE contracting community has over 45% program participation from LBE, PUC Regional LBE and Micro-LBE firms. The SFPUC has issued three Micro-LBE prime JOC contracts (B-License), and is currently working on six new contracts (various licenses). SFPUC JOC Program Features: Infrastructure improvements, including outfall repair, utility work, facility repair and remodel, spot sewer replacement. Specialty contracts, including HVAC and lighting efficiency, generator improvements, spot sewer and high-voltage electrical. JOC cuts the traditional procurement time by using on-call contractors who can mobilize quickly. JOC delivers construction cost savings of between 8-15%, based on reduced procurement, consultant and PM soft cost. Increased LBE participation to reach and enhance small business involvement in City contracts. Complete transparency with an auditable construction procurement, inspection and close-out system. Compliance with all SF programs, including LBE, Regional-LBE and Local Hiring. JOCs are also compliant with federal and state funding programs. 12 Contractors Assistance Center

13 BIDDING REQUIREMENTS

14 Bidding Requirements Checklist ALL DOCUMENTS LISTED BELOW MUST BE COMPLETED AND RETURNED WITH YOUR BID BID DAY SUBMITTALS Bid Forms Checklist (Document 00400/BCL) Checklist of documents due at time of bid, five and 10 days after the bid Bid Form (Document 00400) Page 1 Sign with two set of initials Page 2 Contractor's license number, expiration date SF Business Tax ID Bid due date Company name, address and phone number Signature of company officer Indicate HRC registration status Indicate apprenticeship program affiliation Schedule of Bid Prices (Document 00410) Company name, address and phone number Bid on ALL itmes, SFPUC s calculation controls Final Page: signature binding company to bid Bid Bond (Document 00430) Three Signatures Power of Attorney attached, giving Attorney-in-Fact authority Acknowledgment of Receipt of Addenda (Document 00432) Acknowledge receipt of all addenda Subcontractor List (Document 00435/HRC Form 2A) First Box: for Micro-LBE Set-Aside projects, prime contractor must enter percentage of own work Fill out all indentifying information of subcontractors so they can be identified on bid day Fill out type and amount of work to receive credit for an LBE subcontractor towards the LBE subcontracting goal Bidder s Qualifications Statement (Document 00450) Fill out work experience that qualifies you for the project, meets minimum qualification requirements; there may be multiple requirements Financial qualifications and backing are also required Highest General Prevailing Rate Certification (Document 00460) Name of company officer Certificate of Bidder Regarding Nondiscrimination in Contracts and Benefits (Document 00470) Check appropriate box; must be 12B compliant to work with the City Non-collusion Affidavit (Document 00480) Simply return with the rest of the bid documents Certification of Bidder Regarding Debarment and Suspension (Document 00482) Provide information disbarment, if applicable; return form regardless Business Tax Registration Declaration (Document 00485) Company Information Signature of Company Officer Business Registration Certificate Requirement (Document 00485/APA) Page1: Instructions Page 2: Fill out as completely as possible Certificate of Bidder Regarding Apprenticeship Training Program (Document 00487) Complete applicable information Complete identifying information Experience Statement (Document 00492) Sometimes, alternatively called for in 10 Submittals Fill out work experience that qualifies you for the project, meets minimum qualification requirements; there may be multiple requirements 14 Contractors Assistance Center

15 Bidding Requirements Checklist 5 DAY SUBMITTALS S.F. Administrative Code Chapters 12B & 12C Declaration: Nondiscrimination in Contracts and Benefits (Document 00470/HRC101) Complete to begin process to become 12B compliant, if not already 12B compliant FORM 3: HRC Non-Discrimination Affidavit (Document 00490/HRC3) Fill out identifying information COMPLETLEY FORM 5: HRC Employment Form (Document 00490/HRC5) Fill out identifying information COMPLETLEY For subcontractors and suppliers 7 DAY SUBMITTALS Certificate of Subcontractor Regarding Apprenticeship Training Program (Document 00488) Completed by each subcontractor who employs journeymen or apprentices in an apprenticeable craft or trade Complete applicable information Complete identifying information Certification of Subcontractor, Lower-Tier Subcontractor or Supplier Regarding Debarment and Suspension (Document 00494) Complete by each subcontactor, lower-tier subcontractor and supplier for lower tier covered transaction of $25,000 or more Complete applicable information Complete identifying information 10 DAY SUBMITTALS Escrow Bid Documents Declaration (Document 00496/APA) including a set of Escrow Bid Documents (Document 00496) in a sealed container 15 Contractors Assistance Center

16 Bidding Requirements Sample Bid Forms BID FORMS FOR WD-2643(I) SPECIAL NOTICE TO PROSPECTIVE BIDDERS Bidders are hereby advised that the Contractor to whom the Contract is awarded must be certified by the Human Rights Commission as being in compliance with the Equal Benefits Provisions of Chapter 12B of the City s Administrative Code within two weeks after notification of award by the SFPUC General Manager. In the event that the Contractor is not compliant, the General Manager may demand forfeiture of the bid bond. The General Manager may sequentially execute a contract with the next low bidder(s) provided the next low bidder(s) is/are compliant within two weeks after notification of award by the General Manager. In the event that no bidder is compliant and/or otherwise acceptable, the General Manager is authorized to re-bid the Contract. To be certified by the Human Rights Commission as being in compliance with the Equal Benefits Provisions of Chapter 12B often involves the submittal of supporting documentation and the review of that documentation by the Human Rights Commission. Since this process takes time, bidders are very strongly urged to start the process of becoming compliant immediately. For further information and assistance, please contact HRC 12B Equal Benefits Unit, Chapter 12B Liaison, at (415) Documents for initiating the process are enclosed in this packet. This takes about a month. It will delay the start of a project and award of the contract. You can win the bid, but the project can't be awarded until you complete certification. It should be relatively straight forward though because of the size of your companies. 16 Contractors Assistance Center

17 Bidding Requirements Sample Bid Forms Copyright 2010 City & County of San Francisco WD-2643(I) All the items in Section A MUST be included with your bid DOCUMENT 00400/BCL BIDDING FORMS CHECKLIST A. Each Bidder shall submit with its Bid the following forms, properly completed and executed with all required documentation as applicable:! Executed Bid Form (Document 00400), with contractor's license number and expiration date.! Schedule of Bid Prices (Document 00410)! Bid Bond (Document 00430)! Acknowledgment of Receipt of Addenda (Document 00432)! Subcontractor List (Document 00435)! Bidder s Qualifications Statement (Document 00450)! Highest General Prevailing Rate Certification (Document 00460)! Certificate of Bidder Regarding Nondiscrimination in Contracts and Benefits (Document 00470)! Non-collusion Affidavit (Document 00480)! Certification of Bidder Regarding Debarment and Suspension (Document 00482)! Business Tax Registration Declaration (Document 00485)! Business Registration Certificate Requirement (Document 00485/APA)! Certificate of Bidder Regarding Apprenticeship Training Program (Document 00487)! Experience Statement (Document 00492) Items on these lists B. No later than 5 p.m. on the fifth business day after the date of Bid opening, the Apparent can change with each Low Bidder, and any other Bidder so requested, shall deliver the forms listed below to the project. Please review attention of the HRC Contract Compliance Officer identified in Key Contracts and Details, this document for your Document specific project.! S.F. Administrative Code Chapters 12B & 12C Declaration: Nondiscrimination in Contracts and Benefits (Document 00470/HRC101)! FORM 3: HRC Non-Discrimination Affidavit (Document 00490/HRC3)! FORM 5: HRC Employment Form (Document 00490/HRC5) C. Deliver the forms listed below to the attention of the Contract Administration Bureau identified in Key Contacts and Details Document Timely delivery of these forms is required. 7 calendar days following Bid Opening, submit:! Certificate of Subcontractor Regarding Apprenticeship Training Program (Document 00488) completed by each subcontractor who employs journeymen or apprentices in an apprenticeable craft or trade.! Certification of Subcontractor, Lower-Tier Subcontractor or Supplier Regarding Debarment and Suspension (Document 00494), completed by each subcontractor, lowertier subcontractor and supplier for lower tier covered transactions of $25,000 or more. D. The SFPUC General Manager reserves the right after opening Bids to reject any or all Bids, and to waive any minor irregularity in a Bid. END OF DOCUMENT 17 Contractors Assistance Center

18 Bidding Requirements Sample Bid Forms Copyright 2010 City & County of San Francisco WD-2643(I) DOCUMENT BID FORM TO THE SAN FRANCISCO PUBLIC UTILITIES COMMISSION, CITY AND COUNTY OF SAN FRANCISCO In response to the Invitation to Bid for the following public work: GOAT ROCK WATER WELL Contract No. WD-2643(I) The undersigned Bidder hereby proposes and agrees to execute the required Contract, should it be awarded to said Bidder, and to do all the work and furnish all the materials therefore all in accordance with the Specifications and Drawings referred to in said Invitation to Bid and at the prices named in the attached Schedule of Bid Prices. The undersigned declares: That it is the Bidder (or by holding the position below indicated is authorized to execute this Bid Form on behalf of the Bidder); that said Bidder submits this Bid; that said Bidder has not, nor have any of its agents, officers, representatives or employees, been guilty of collusion with any officer or representative of the City and County of San Francisco, or with any other party or parties in the submission of this Bid; nor has said Bidder received any preferential treatment by any officer or employee of the City and County in the making or submitting of this Bid. The undersigned declares under penalty of perjury that all representations made on this Bid Form are true and correct. The undersigned declares, under penalty of perjury under the laws of the State of California that the Bidder has read and agrees to the requirements of the San Francisco Administrative Code for each of the attached list of Documents: 1. Document Acknowledgment of Receipt of Addenda 2. Document Subcontractor List 3. Document Highest General Prevailing Rate Certification 4. Document Certificate of Bidder Regarding Nondiscrimination in Contracts and Benefits Initials The Undersigned acknowledges that he or she has read and agrees to the documents referenced above on behalf of Bidder (initial): The undersigned further certifies, under penalty of perjury under the laws of the State of California that the following Documents submitted in this Bid are true and correct: 1. Document Non-collusion Affidavit Initials 2. Document Certification of Bidder Regarding Debarment and Suspension The Undersigned acknowledges that he or she has read and agrees to the documents referenced above on behalf of Bidder (initial): Accompanying this Bid, as required by law, is a bid security in an amount equal to at least ten percent of the Total Bid Price. *S.F. Business Tax Requirements: The undersigned further declares, under penalty of perjury under the laws of the State of California, that, if awarded the Contract, the Bidder and its subcontractors will maintain a current business tax registration number, and understands that if the Tax Collector of the City and County of San Francisco determines that the Bidder or any of the its subcontractors do not have or maintain a current business tax registration number, the City may cancel the Contract or withhold payment. SFPUC v Bid Form 18 Contractors Assistance Center

19 Bidding Requirements Sample Bid Forms SAMPLE BID FORMS Copyright 2010 City & County of San Francisco WD-2 Apprenticeship Program: The undersigned further declares, that the Bidder and all of its subcontrac will comply, as a material term of the Contract, with the requirements of the State Apprenticeship Program as set forth in the California Labor Code, division 3, chapter 4 (commencing at section 307 and section , San Francisco Administrative Code section 6.22(O), and all requests by the City provide proof that the Bidder and all its subcontractors are in compliance with those requirements LOCAL BUSINESS ENTERPRISE PARTICIPATION AND NON-DISCRIMINATORY EMPLOYMENT PRACTICES: Provisions of chapters 12B and 14B (including their implementing Rules and Regulations the San Francisco Administrative Code are incorporated herein and by reference made a part of th Documents as though fully set forth. The Bidder and all subcontractors and suppliers shall comply these provisions and shall submit all required documents in a timely manner. They are strongly encouraged to take part in pre-bid and pre-award conferences. YOUR COMPANY'S PHONE NUMBER Telephone Number YOUR FIRM'S CONTRACTOR LICENSE NUMBER Contractor's California License No. EXPIRATION DATE OF ABOVE LICENSE License Expiration Date SF BUSINESS TAX ID S.F. Business Tax Registration Certificate Number* (see above) Executed on DATE - Month Day 20 DATE - COMPANY NAME Name of Firm or Corporation SIGNATURE OF COMPANY OFFICER Signature of Bidder or Authorized Representative NAME OF SIGNER ABOVE Print Name of Authorized Representative POSITION OF SIGNER ABOVE Position in Firm or Corporation COMPANY'S STREET ADDRESS Address of Firm or Corporation COMPANY'S CITY, STATE and ZIP CODE City State Zip Code Note: If Bidder is a corporation, set forth the legal name of the corporation together with the signature of the o officers authorized to sign contracts on behalf of the corporation. If Bidder is a partnership, set forth the of the firm together with the signature of the partner or partners authorized to sign contracts on behalf o partnership. Check if you are: Check if applicable: Certified Small or Micro-LBE I am a signatory to a recognized apprenticeship or trai program under chapter 4 of the California Labor Code Check Category that Describes Your Company: ** I have applied to become a signatory for the trades list below but have not been accepted. MBE WBE OBE List trades: ** Only Certified Firms: MBE = Minority Business Enterprise, WBE = Women Business Enterprise, OBE = Other Business Enterprise END OF DOCUMENT This MUST be checked for Micro-LBE Set-Aside Project 19 Contractors Assistance Center

20 Bidding Requirements Sample Bid Forms Copyright 2010 City & County of San Francisco WD-2643(I) DOCUMENT SCHEDULE OF BID PRICES For constructing Goat Rock Water Well, in strict accordance with the Contract Documents for Contract No. WD-2643(I). Bidders must bid on all Bid Items. Entries must be in permanent ink or typed. COMPANY NAME Name of Firm, Corporation, Partnership or Joint Venture COMPANY'S STREET ADDRESS COMPANY'S CITY, STATE and ZIP CODE By signing the Bid Form, the Bidder, having examined all referenced documents and the Drawings, and the Specifications understanding the terms and conditions of the Contract Documents and the local conditions affecting the performance and costs of the Work, and having fully inspected the Site in all particulars, hereby proposes and agrees to fully perform the Work as indicated on the Drawings and in accordance with the requirements of the Contract Documents within the time stated therein, and for the following price(s): Bid Item Bid Item Description Agency Fees, Including Permit: Alameda County Zone 7 permit and filing Mobilization and Demobilization On-site mobilization and demobilization between drill sites including spoils containment Exploratory air/mud rotary drilling of up to four exploratory borings to a depth not to exceed 200 feet if water is not found, or 280 feet if water is found, including shale shaker with bentonite mud, if needed. Exploratory boring abandonment per County code Drill two water well borings of a minimum 8-inch diameter, including shale shaker with bentonite mud, if needed. Estimated Quantity 1 1 Units* Unit Price Extension LS LS 4 LS 1,000 FT EXTENSION = YOUR Unit Price x Estimated Quantity MUST BID ON ALL ITEMS 4 EA 560 FT SFPUC v Schedule of Bid Prices 20 Contractors Assistance Center

21 Bidding Requirements Sample Bid Forms Copyright 2010 City & County of San Francisco WD-2643(I) Bid Item 7 Bid Item Description Reaming of exploratory boring if a minimum 8-inch diameter or reaming of water well boring and installation of 5-inch diameter PVC SDR17 well casings with 80 feet factory perforated screens with centralizers and bottom cap. 8 Conduct geophysical logs Furnishing and installing 1/4 x 10 gravel/sand pack envelope Install sanitary surface grout seal per County code Develop completed well, including removal of drilling fluids from the well Installation and removal of test pump, determination of yield, performance of drawdown and recovery test, testing/analysis of general mineral water quality, well chlorination Installation of protective metal standpipe and 6-inch thick 5-foot by 5-foot concrete wellhead pad per State code Estimated Units* Unit Price Extension Quantity 560 FT 6 EA 520 LF 40 LF 40 Hours 2 EA - Sum of Bid Items Prevails over Total Bid Price - Unit Prices Bid Prevail over Extensions of Same SFPUC'S CALCULATION CONTROLS 2 EA TOTAL BID PRICE (Summation of Bid Items 1 through 13 above.) $ *Note: LS = Lump Sum, EA= Each, LF = Linear Feet, SF = Square Feet, CY = Cubic Yards AL = Allowance Bidder acknowledges that quantities are not guaranteed and final payment will be based on the actual quantities determined as provided in the Contract Documents. The City reserves the right after opening Bids to reject any or all Bids, and to waive any minor irregularity in a Bid. In case of discrepancy between the sum of Bid item amounts and the Total Bid Price, the sum of said amounts shall prevail. In the case of discrepancy between words and figures, the words shall prevail. In case of discrepancy between unit prices Bid and extensions thereof, said unit prices shall prevail. ALLOWANCES: Not all allowances listed in the Schedule above may include, or are intended to include contractor s overhead and profit, nor are they necessarily intended to cover every item of work associated with a particular allowance Bid Item. Refer to Specification Section regarding types of SFPUC v Schedule of Bid Prices 21 Contractors Assistance Center

22 Bidding Requirements Sample Bid Forms Copyright 2010 City & County of San Francisco WD-2643(I) allowances, accounting for reimbursable vs. non-reimbursable costs, and other details specific to each allowance Bid Item. In accordance with San Francisco Administrative Code section 6.20, no quote shall be accepted and the City shall make no award should the lowest quotation of a responsible bidder on this contract be in excess of $100,000. Bidder acknowledges and agrees that this Bid, if not withdrawn prior to the scheduled time for receipt of Bids, shall not be withdrawn for a period of 90 days thereafter. Time allowed for completion of all Work shall be the number of calendar days specified in Document 00802, beginning with and including the official date of Notice to Proceed as established by the General Manager, San Francisco Public Utilities Commission. Bid submitted by: (seal) COMPANY NAME Name of Firm, Corporation, Partnership or Joint Venture PARTNER'S NAMES, if applicable Names of All Partners, if Partnership STATE OF INCORPORATION, if applicable State of Incorporation, if Corporation SIGNATURE OF COMPANY OFFICER Signature of Bidder or Authorized Representative DATE - Month Day, Year Date of Bid NAME OF SIGNER ABOVE Name and Title of Authorized Representative Note: If Bidder is a corporation, set forth the legal name of the corporation together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation. If Bidder is a partnership, set forth the name of the firm together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership. END OF DOCUMENT SFPUC v Schedule of Bid Prices 22 Contractors Assistance Center

23 Bidding Requirements Sample Bid Forms Copyright 2010 City & County of San Francisco WD-2643(I) This can simply be 10% of your total bid price DOCUMENT BID BOND Bidder shall have this Bid Bond form executed as indicated below unless the Bid is accompanied by a certified check. KNOW ALL MEN BY THESE PRESENTS: That the undersigned General Contractor as principal and the undersigned Surety as obligor, are held and firmly bound unto the City and County of San Francisco, a municipal corporation, as obligee, in the penal sum of Dollars, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our successors, executors, administrators and assigns, jointly and severally, firmly by these presents. That the General Contractor as principal is submitting a Bid for certain work to be performed for the said City and County of San Francisco described as follows: GOAT ROCK WATER WELL Contract No. WD-2643(I) THE CONDITION OF THIS OBLIGATION IS SUCH that if the Bid submitted by said principal be accepted and the Contract be awarded to said principal and if said principal shall within a period of ten (10) days after such award enter into the Contract so awarded and file the required performance and payment corporate surety bonds certificates of insurance, then this obligation shall be void, otherwise to remain in full force and effect. IN WITNESS THEREOF, the above bounden parties have executed this instrument this day Day of, Month 20. Year (Corporate Seal) An attorney-in-fact is the representative of your surety or bonding company ATTORNEY-IN-FACT MUST SIGN BOTH PLACES (Corporate Seal) COMPANY NAME Name of Firm, Corporation, Partnership or Joint Venture NAME OF SIGNER BELOW Principal By: SIGNATURE OF COMPANY OFFICER NAME OF BONDING COMPANY Surety By: ATTORNEY-IN-FACT'S SIGNATURE 23 Contractors Assistance Center I declare under penalty of perjury, under the laws of the State of California, that I have executed the foregoing bond under an unrevoked power of attorney. Executed on [date], DATE WHEN SIGNED in [City], CITY WHERE SIGNED [State], STATE WHERE SIGNED in conformance with the laws of the State of California. ATTORNEY-IN-FACT'S SIGNATURE Attorney-in-Fact END OF DOCUMENT This document MUST be accompanied by a Power of Attorney granting the attorney-in-fact the authority to sign the bid bond on the surety's behalf. SFPUC v Bid Bond

24 Bidding Requirements Sample Bid Forms Copyright 2010 City & County of San Francisco WD-2643(I) Number of Addendum Issued DOCUMENT ACKNOWLEDGMENT OF RECEIPT OF ADDENDA Date Addendum was Issued If Addenda to the Bid Documents have been issued for this Contract, please indicate receipt thereof by filling in the appropriate Addendum number and filling in date received below. If there are any questions on any Addenda that may have been issued, please contact the Contract Administration Bureau identified in Article 1.2 of Key Contacts and Details Document Bidder shall submit this form with its Bid. Addendum No. Addendum No. Addendum No. Addendum No. Addendum No. Addendum No. Addendum No. Addendum No. Addendum No. Date Received Date Received Date Received Date Received Date Received Date Received Date Received Date Received Date Received A BID MAY BE RENDERED NONRESPONSIVE IF THE BIDDER DOES NOT ACKNOWLEDGE THE RECEIPT OF ALL ADDENDA WHICH MAY HAVE BEEN ISSUED FOR THIS CONTRACT. Note: The above Acknowledgment of Receipt of Addenda Form is part of the Bid. Signing the Bid Form (Document 00400) shall also constitute signature of this Acknowledgment of Receipt of Addenda document. END OF DOCUMENT SFPUC v Acknowledgement of Receipt of Addenda 24 Contractors Assistance Center

25 Bidding Requirements Sample Bid Forms Copyright 2010 City & County of San Francisco WD-2643(I) DOCUMENT SUBCONTRACTOR LIST This Document implements listing requirements for (i) subcontractors who will perform work in excess of one-half of one percent of the Total Bid Price [Admin. Code 6.21(A)(9) and Cal. Pub. Contract Code ] and (ii) LBE subcontractors, suppliers and service contractors, regardless of the dollar amount of subcontract work [Admin. Code Ch. 14B]. A. Subcontractors Who Will Perform Work In Excess of ½ of 1% Of Total Bid Price Bidder shall submit with its bid a subcontractor list using the form below. Bidder shall identify each subcontractor 1 who will perform work in an amount in excess of one-half of one percent of Bidder's Total Bid Price. If this project involves the construction of streets, highways, or bridges, Bidder shall submit with its bid a subcontractor list, using the form below, identifying each subcontractor who will perform work in excess of one-half of one percent of the Total Bid Price or $10,000, whichever is greater. At a minimum, Bidder must provide the following information with its Bid for each listed subcontractor: (i) name [Box 2]; (ii) location of the place of business [Box 3]; and (iii) portion of work that will be performed by the subcontractor [Box 4]. In addition, for items or portions of work not fully subcontracted, e.g., indicated as "partial," Bidder must provide the amount of subcontract work [Box 10] either at the time of Bid or within 24 hours after Bid opening. Bidders may provide license numbers [Box 8] and/or additional identifying information [e.g., Boxes 5, 6, 7 and/or 9] within 24 hours of Bid opening. If the City cannot identify the intended subcontractor or portion of work based on the information provided by Bidder, or where Bidder provides conflicting information, the City may consider the subcontractor or portion of work unlisted for purposes of Public Contract Code An "unlisted" determination may render a Bid non-responsive if the technical specifications require that the work in question be performed by a subcontractor. In addition, an "unlisted" determination may render a Bidder not responsible if Bidder is not qualified to self-perform the work in question. [Note: For an LBE subcontractor who will perform work in an amount in excess of one-half of one percent of Bidder's Total Bid Price, Bidder shall provide a single listing for that subcontractor that complies with the requirements of this paragraph A and paragraph B, below.] B. LBE Subcontractors, Suppliers and Service Contractors Bidder's subcontractor list submitted with its Bid shall also identify each LBE subcontractor, 2 supplier and service contractor (regardless of dollar amount of subcontract) for whom Bidder seeks credit toward the LBE participation goal. At a minimum, Bidder must provide the following information with its Bid for each LBE: (i) type of subcontractor [Box 1]; (ii) name [Box 2]; (iii) location of the place of business [Box 3]; (iv) portion of work that will be performed by the entity [Box 4]; and (v) amount of subcontract work [Box 10]. Bidders may provide license numbers [Box 8] and/or additional identifying information [e.g., Boxes 5, 6, 7, 9, 11 and/or 12] within 24 hours of Bid opening. Bidder's failure to provide the required minimum information with its Bid may result 1 For the purposes of Paragraph A, the term "subcontractor" shall mean a contractor as defined in Pub. Contract Code For the purposes of Paragraph B, the term "subcontractor" shall mean a person as defined in Section 14B.2 of the San Francisco Administrative Code. 12. Version Subcontractor List 25 Contractors Assistance Center

26 Bidding Requirements Sample Bid Forms Copyright 2010 City & County of San Francisco WD-2643(I) in a determination that Bidder has not met the LBE subcontracting participation goal and, therefore, its Bid is non-responsive. This is a Micro-LBE Set-Aside Contract. Bid discounts and LBE Subcontracting goal requirements are not applicable to this contract. The certified Micro-LBE prime contractor must selfperform at least 25% of the Contract Work. Bidder must specify the dollar amount and portion of work to be self-performed on HRC Form 3, item #2. Micro-LBE Prime Contractors that subcontract any portion of a Micro-LBE Set-Aside Contract should subcontract to businesses certified as Micro- LBEs to the maximum extent possible. Micro-LBE subcontractors performing any portion of a Micro-LBE Set-Aside Contract must serve a commercially useful function based on the Contract s scope of work. Date Name of Firm, Corporation, Partnership, or Joint Venture 26 Contractors Assistance Center

27 Bidding Requirements Sample Bid Forms Copyright 2010 City & County of San Francisco WD-2643(I) 1. TYPE OF SUBCONTRACTOR: 2. SUBCONTRACTOR NAME First Tier; Lower Tier; Supplier; Service Contractor (e.g. Trucker) 3. ADDRESS 4. BID ITEMS/PORTION OF WORK 5. PHONE NO. 6. VENDOR NO. 7. FEDERAL ID NO. 8. LICENSE NO. 9. SF BUSINESS TAX REG. NO. 10. AMOUNT OF SUB- CONTRACT WORK: $ MBE; WBE; OBE* 12. IF LBE, CHECK 11. CERTIFIED LBE? Yes; No ALL THAT Small LBE; Micro LBE; APPLY: SBA-LBE SFPUC-LBE * MBE = Minority Business Enterprise, WBE = Women Business Enterprise, OBE = Other Business Enterprise. Must complete enough, at the time of the bid submission, 1. TYPE OF SUBCONTRACTOR: that the subcontractor can be identified First Tier; (e.g. business Lower Tier; name, Supplier; To receive Service credit Contractor for an (e.g. LBE Trucker) subcontractor's address, 2. SUBCONTRACTOR work to NAME be performed, etc.). Additional information work, towards the subcontracting goal, you must can be supplemented within 24 hours of the bid provide the amount and type of work to be 3. ADDRESS performed at the time of the bid 4. BID ITEMS/PORTION OF WORK 5. PHONE NO. 6. VENDOR NO. 7. FEDERAL ID NO. 8. LICENSE NO. 9. SF BUSINESS TAX REG. NO. 10. AMOUNT OF SUB- CONTRACT WORK: $ MBE; WBE; OBE* 12. IF LBE, CHECK 11. CERTIFIED LBE? Yes; No ALL THAT Small LBE; Micro LBE; APPLY: SBA-LBE SFPUC-LBE * MBE = Minority Business Enterprise, WBE = Women Business Enterprise, OBE = Other Business Enterprise. 1. TYPE OF SUBCONTRACTOR: 2. SUBCONTRACTOR NAME First Tier; Lower Tier; Supplier; Service Contractor (e.g. Trucker) 3. ADDRESS 4. BID ITEMS/PORTION OF WORK 5. PHONE NO. 6. VENDOR NO. 7. FEDERAL ID NO. 8. LICENSE NO. 9. SF BUSINESS TAX REG. NO. 10. AMOUNT OF SUB- CONTRACT WORK: $ MBE; WBE; OBE* 12. IF LBE, CHECK 11. CERTIFIED LBE? Yes; No ALL THAT APPLY: Small LBE; Micro LBE; SBA-LBE SFPUC-LBE * MBE = Minority Business Enterprise, WBE = Women Business Enterprise, OBE = Other Business Enterprise. Copy this page as needed to provide a complete listing. Page of 12. Version Subcontractor List 27 Contractors Assistance Center

28 Bidding Requirements Sample Bid Forms Copyright 2010 City & County of San Francisco WD-2643(I) 1. TYPE OF SUBCONTRACTOR: 2. SUBCONTRACTOR NAME First Tier; Lower Tier; Supplier; Service Contractor (e.g. Trucker) 3. ADDRESS 4. BID ITEMS/PORTION OF WORK 5. PHONE NO. 6. VENDOR NO. 7. FEDERAL ID NO. 8. LICENSE NO. 9. SF BUSINESS TAX REG. NO. 10. AMOUNT OF SUB- CONTRACT WORK: $ MBE; WBE; OBE* 12. IF LBE, CHECK 11. CERTIFIED LBE? Yes; No ALL THAT APPLY: Small LBE; Micro LBE; SBA-LBE SFPUC-LBE * MBE = Minority Business Enterprise, WBE = Women Business Enterprise, OBE = Other Business Enterprise. 1. TYPE OF SUBCONTRACTOR: 2. SUBCONTRACTOR NAME First Tier; Lower Tier; Supplier; Service Contractor (e.g. Trucker) 3. ADDRESS 4. BID ITEMS/PORTION OF WORK 5. PHONE NO. 6. VENDOR NO. 7. FEDERAL ID NO. 8. LICENSE NO. 9. SF BUSINESS TAX REG. NO. 10. AMOUNT OF SUB- CONTRACT WORK: $ MBE; WBE; OBE* 12. IF LBE, CHECK 11. CERTIFIED LBE? Yes; No ALL THAT APPLY: Small LBE; Micro LBE; SBA-LBE SFPUC-LBE * MBE = Minority Business Enterprise, WBE = Women Business Enterprise, OBE = Other Business Enterprise. If this is the last page, complete the following: TOTAL PERCENTAGE OF LBE PARTICIPATION CLAIMED FOR WORK: % TOTAL PERCENTAGE OF LBE PARTICIPATION CLAIMED FOR WORK: % (Small, Micro and SFPUC) and % (SBA) END OF DOCUMENT 12. Version Subcontractor List 28 Contractors Assistance Center

29 Bidding Requirements Sample Bid Forms Copyright 2010 City & County of San Francisco WD-2643(I) DOCUMENT BIDDER S QUALIFICATIONS STATEMENT Pursuant to San Francisco Administrative Code section 6.21.A.7 Bidder submits the following information as to experience and financial qualifications with its Bid. Failure to submit a completed Bidder s Qualifications Statement form may cause Bidder to be non-responsive and its Bid may be rejected. No award will be made until a complete Bidder s Qualifications Statement is provided to the City. 1. BIDDER S NAME: 2. IS THIS A JOINT VENTURE? COMPANY NAME Yes, No; If Yes, list name of each joint venture partner: Fill out identifying information COMPLETELY 3. FEDERAL ID NO.: 4. SF BUSINESS TAX REG. NO.: 5. NAME OF RESPONSIBLE MANAGEMENT OFFICER: NAME OF COMPANY OFFICER 6. DID BIDDER INSPECT THE PROJECT SITE? Yes, No; If Yes, list name and phone of person who did the inspection: NAME: FEDERAL TAX ID PHONE NO: SF BUSINESS TAX ID 7. NUMBER OF YEARS BIDDER S ORGANIZATION HAS HAD EXPERIENCE IN WORK COMPARABLE WITH THAT REQUIRED UNDER THE PROPOSED CONTRACT: Years as a General Contractor Years as a Subcontractor 8. Contractor shall have at least ten (10) years continuous experience in groundwater wells demonstrated by providing a list of eight (8) projects completed over the last ten (10) years (see Document 00200, 1.9, A, 1): (a) PROJECT DESCRIPTION: LOCATION: Address, City, State START DATE: PLANNED COMPLETION DATE: ACTUAL COMPLETION DATE: CONTRACT AMOUNT: $ CHANGE ORDER AMOUNT: $ ROLE (Check One): General Contractor Subcontractor NAME OF OWNER S REPRESENTATIVE: IF GENERAL CONTRACTOR, LIST NAMES OF MAJOR SUBCONTRACTORS EMPLOYED: TITLE: TELEPHONE: BUSINESS ADDRESS: The lowest bidder must meet all the qualification requirements, as well, to eligible for award of the contract SFPUC v Bidder s Qualifications Statement 29 Contractors Assistance Center

30 Bidding Requirements Sample Bid Forms Copyright 2010 City & County of San Francisco WD-2643(I) (b) PROJECT DESCRIPTION: LOCATION: Address, City, State START DATE: PLANNED COMPLETION DATE: ACTUAL COMPLETION DATE: CONTRACT AMOUNT: $ CHANGE ORDER AMOUNT: $ ROLE (Check One): General Contractor Subcontractor NAME OF OWNER S REPRESENTATIVE: IF GENERAL CONTRACTOR, LIST NAMES OF MAJOR SUBCONTRACTORS EMPLOYED: TITLE: TELEPHONE: BUSINESS ADDRESS: (c) PROJECT DESCRIPTION: LOCATION: Address, City, State START DATE: PLANNED COMPLETION DATE: ACTUAL COMPLETION DATE: CONTRACT AMOUNT: $ CHANGE ORDER AMOUNT: $ ROLE (Check One): General Contractor Subcontractor NAME OF OWNER S REPRESENTATIVE: IF GENERAL CONTRACTOR, LIST NAMES OF MAJOR SUBCONTRACTORS EMPLOYED: TITLE: TELEPHONE: BUSINESS ADDRESS: (d) PROJECT DESCRIPTION: LOCATION: Address, City, State START DATE: PLANNED COMPLETION DATE: ACTUAL COMPLETION DATE: CONTRACT AMOUNT: $ CHANGE ORDER AMOUNT: $ ROLE (Check One): General Contractor Subcontractor NAME OF OWNER S REPRESENTATIVE: IF GENERAL CONTRACTOR, LIST NAMES OF MAJOR SUBCONTRACTORS EMPLOYED: TITLE: TELEPHONE: BUSINESS ADDRESS: SFPUC v Bidder s Qualifications Statement 30 Contractors Assistance Center

31 Bidding Requirements Sample Bid Forms Copyright 2010 City & County of San Francisco WD-2643(I) (e) PROJECT DESCRIPTION: LOCATION: Address, City, State START DATE: PLANNED COMPLETION DATE: ACTUAL COMPLETION DATE: CONTRACT AMOUNT: $ CHANGE ORDER AMOUNT: $ ROLE (Check One): General Contractor Subcontractor NAME OF OWNER S REPRESENTATIVE: IF GENERAL CONTRACTOR, LIST NAMES OF MAJOR SUBCONTRACTORS EMPLOYED: TITLE: TELEPHONE: BUSINESS ADDRESS: (f) PROJECT DESCRIPTION: LOCATION: Address, City, State START DATE: PLANNED COMPLETION DATE: ACTUAL COMPLETION DATE: CONTRACT AMOUNT: $ CHANGE ORDER AMOUNT: $ ROLE (Check One): General Contractor Subcontractor NAME OF OWNER S REPRESENTATIVE: IF GENERAL CONTRACTOR, LIST NAMES OF MAJOR SUBCONTRACTORS EMPLOYED: TITLE: TELEPHONE: BUSINESS ADDRESS: (g) PROJECT DESCRIPTION: LOCATION: Address, City, State START DATE: PLANNED COMPLETION DATE: ACTUAL COMPLETION DATE: CONTRACT AMOUNT: $ CHANGE ORDER AMOUNT: $ ROLE (Check One): General Contractor Subcontractor NAME OF OWNER S REPRESENTATIVE: IF GENERAL CONTRACTOR, LIST NAMES OF MAJOR SUBCONTRACTORS EMPLOYED: TITLE: TELEPHONE: BUSINESS ADDRESS: SFPUC v Bidder s Qualifications Statement 31 Contractors Assistance Center

32 Bidding Requirements Sample Bid Forms Copyright 2010 City & County of San Francisco WD-2643(I) (h) PROJECT DESCRIPTION: LOCATION: Address, City, State START DATE: PLANNED COMPLETION DATE: ACTUAL COMPLETION DATE: CONTRACT AMOUNT: $ CHANGE ORDER AMOUNT: $ ROLE (Check One): General Contractor Subcontractor NAME OF OWNER S REPRESENTATIVE: IF GENERAL CONTRACTOR, LIST NAMES OF MAJOR SUBCONTRACTORS EMPLOYED: TITLE: TELEPHONE: BUSINESS ADDRESS: (i) PROJECT DESCRIPTION: LOCATION: Address, City, State START DATE: PLANNED COMPLETION DATE: ACTUAL COMPLETION DATE: CONTRACT AMOUNT: $ CHANGE ORDER AMOUNT: $ ROLE (Check One): General Contractor Subcontractor NAME OF OWNER S REPRESENTATIVE: IF GENERAL CONTRACTOR, LIST NAMES OF MAJOR SUBCONTRACTORS EMPLOYED: TITLE: TELEPHONE: BUSINESS ADDRESS: (j) PROJECT DESCRIPTION: LOCATION: Address, City, State START DATE: PLANNED COMPLETION DATE: ACTUAL COMPLETION DATE: CONTRACT AMOUNT: $ CHANGE ORDER AMOUNT: $ ROLE (Check One): General Contractor Subcontractor NAME OF OWNER S REPRESENTATIVE: IF GENERAL CONTRACTOR, LIST NAMES OF MAJOR SUBCONTRACTORS EMPLOYED: TITLE: TELEPHONE: BUSINESS ADDRESS: SFPUC v Bidder s Qualifications Statement 32 Contractors Assistance Center

33 Bidding Requirements Sample Bid Forms Copyright 2010 City & County of San Francisco WD-2643(I) 9. Contractor shall have recent relevant experience installing water supply wells in rugged rural environment demonstrated by providing a list at least eight (8) projects completed in the past five (5) years where water supply well is greater than 100 feet in depth (see Document 00200, 1.9, A, 2): (a) PROJECT DESCRIPTION: LOCATION: Address, City, State START DATE: NUMBER OF WELLS: MEASURED WELL YIELD: NAME OF OWNER S REPRESENTATIVE: TITLE: PLANNED COMPLETION DATE: WELL DEPTH AND DIAMETER: ACTUAL COMPLETION DATE: DRILLING METHOD: TELEPHONE: BUSINESS ADDRESS: (b) PROJECT DESCRIPTION: The lowest bidder must meet all the qualification requirements, as well, to eligible for award of the contract LOCATION: Address, City, State START DATE: NUMBER OF WELLS: MEASURED WELL YIELD: NAME OF OWNER S REPRESENTATIVE: TITLE: PLANNED COMPLETION DATE: WELL DEPTH AND DIAMETER: ACTUAL COMPLETION DATE: DRILLING METHOD: TELEPHONE: BUSINESS ADDRESS: (c) PROJECT DESCRIPTION: LOCATION: Address, City, State START DATE: NUMBER OF WELLS: MEASURED WELL YIELD: NAME OF OWNER S REPRESENTATIVE: TITLE: PLANNED COMPLETION DATE: WELL DEPTH AND DIAMETER: ACTUAL COMPLETION DATE: DRILLING METHOD: TELEPHONE: BUSINESS ADDRESS: SFPUC v Bidder s Qualifications Statement 33 Contractors Assistance Center

34 Bidding Requirements Sample Bid Forms Copyright 2010 City & County of San Francisco WD-2643(I) (d) PROJECT DESCRIPTION: LOCATION: Address, City, State START DATE: NUMBER OF WELLS: MEASURED WELL YIELD: NAME OF OWNER S REPRESENTATIVE: TITLE: PLANNED COMPLETION DATE: WELL DEPTH AND DIAMETER: ACTUAL COMPLETION DATE: DRILLING METHOD: TELEPHONE: BUSINESS ADDRESS: (e) PROJECT DESCRIPTION: LOCATION: Address, City, State START DATE: NUMBER OF WELLS: MEASURED WELL YIELD: NAME OF OWNER S REPRESENTATIVE: TITLE: PLANNED COMPLETION DATE: WELL DEPTH AND DIAMETER: ACTUAL COMPLETION DATE: DRILLING METHOD: TELEPHONE: BUSINESS ADDRESS: (f) PROJECT DESCRIPTION: LOCATION: Address, City, State START DATE: NUMBER OF WELLS: MEASURED WELL YIELD: NAME OF OWNER S REPRESENTATIVE: TITLE: PLANNED COMPLETION DATE: WELL DEPTH AND DIAMETER: ACTUAL COMPLETION DATE: DRILLING METHOD: TELEPHONE: BUSINESS ADDRESS: SFPUC v Bidder s Qualifications Statement 34 Contractors Assistance Center

35 Bidding Requirements Sample Bid Forms Copyright 2010 City & County of San Francisco WD-2643(I) (g) PROJECT DESCRIPTION: LOCATION: Address, City, State START DATE: NUMBER OF WELLS: MEASURED WELL YIELD: NAME OF OWNER S REPRESENTATIVE: TITLE: PLANNED COMPLETION DATE: WELL DEPTH AND DIAMETER: ACTUAL COMPLETION DATE: DRILLING METHOD: TELEPHONE: BUSINESS ADDRESS: (h) PROJECT DESCRIPTION: LOCATION: Address, City, State START DATE: NUMBER OF WELLS: MEASURED WELL YIELD: NAME OF OWNER S REPRESENTATIVE: TITLE: PLANNED COMPLETION DATE: WELL DEPTH AND DIAMETER: ACTUAL COMPLETION DATE: DRILLING METHOD: TELEPHONE: BUSINESS ADDRESS: (i) PROJECT DESCRIPTION: LOCATION: Address, City, State START DATE: NUMBER OF WELLS: MEASURED WELL YIELD: NAME OF OWNER S REPRESENTATIVE: TITLE: PLANNED COMPLETION DATE: WELL DEPTH AND DIAMETER: ACTUAL COMPLETION DATE: DRILLING METHOD: TELEPHONE: BUSINESS ADDRESS: SFPUC v Bidder s Qualifications Statement 35 Contractors Assistance Center

36 Bidding Requirements Sample Bid Forms Copyright 2010 City & County of San Francisco WD-2643(I) (j) PROJECT DESCRIPTION: LOCATION: Address, City, State START DATE: NUMBER OF WELLS: MEASURED WELL YIELD: NAME OF OWNER S REPRESENTATIVE: TITLE: PLANNED COMPLETION DATE: WELL DEPTH AND DIAMETER: ACTUAL COMPLETION DATE: DRILLING METHOD: TELEPHONE: BUSINESS ADDRESS: 10. LIST ALL CONTRACTS DURING THE PAST 10 YEARS FOR WHICH THE BIDDER, OR A MEMBER OF THE BIDDER'S ORGANIZATION, RECEIVED AN UNSATISFACTORY PERFORMANCE RATING, WAS CITED AND FINEDFOR OSHA VIOLATIONS OR FAILED TO COMPLETE WORK. (a) PROJECT: NAME OF OWNER: LOCATION: Address, City, State EXPLAIN: (b) PROJECT: NAME OF OWNER: LOCATION: Address, City, State EXPLAIN: Be as complete and accurate as possible. The lowest bidder must meet all the qualification requirements, as well, to eligible for award of (Add the sheets contract if necessary.) 11. LIST MAJOR CONSTRUCTION EQUIPMENT, FACILITIES OR AIDS THAT BIDDER REPRESENTS IT POSSESSES OR CAN OBTAIN IN TIME TO PERFORM THE WORK; INDICATING WHETHER OWNED OR RENTED AND WHERE OBTAINED: EQUIPMENT OWNED LEASED RENTED RENTAL AGENT NAME TELEPHONE (a) (b) (c) (d) (e) Be as complete and accurate as possible. 12. BIDDER REFERS TO THE FOLLOWING BANK(S) AS TO FINANCIAL RESPONSIBILITY OF BIDDER: (a) NAME OF BANK: BUSINESS ADDRESS: CONTACT NAME: Be as complete and accurate as possible. TELEPHONE: SFPUC v Bidder s Qualifications Statement 36 Contractors Assistance Center

37 Bidding Requirements Sample Bid Forms Copyright 2010 City & County of San Francisco WD-2643(I) (b) NAME OF BANK: BUSINESS ADDRESS: CONTACT NAME: TELEPHONE: (c) NAME OF BANK: BUSINESS ADDRESS: CONTACT NAME: TELEPHONE: 13. INSURANCE AND SURETY COMPANIES AND AGENTS WHO WILL PROVIDE THE REQUIRED INSURANCE AND BONDS ON THIS CONTRACT: (a) NAME OF COMPANY: TYPE OF INSURANCE OR BOND: BUSINESS ADDRESS: AGENT S NAME: (b) NAME OF COMPANY: BUSINESS ADDRESS: AGENT S NAME: Be as complete and accurate as possible. TELEPHONE: TYPE OF INSURANCE OR BOND: TELEPHONE: (Add sheets if necessary.) BIDDER understands and agrees that, if awarded the Contract, Contractor and each of Contractor s Subcontractors must maintain a current business tax registration number. If the Tax Collector determines that Contractor or any of Contractor s Subcontractors do not have or maintain current business tax registration numbers, the City may either cancel the Contract or withhold any payments due under the Contract. Refer to Document END OF DOCUMENT 37 Contractors Assistance Center SFPUC v Bidder s Qualifications Statement

38 Bidding Requirements Sample Bid Forms Copyright 2010 City & County of San Francisco WD-2643(I) DOCUMENT HIGHEST PREVAILING WAGE RATE CERTIFICATION NAME OF COMPANY OFFICER Bidder,, by submitting the attached Bid Form, hereby acknowledges that Bidder has read San Francisco Charter section A7.204 and San Francisco Administrative Code section 6.22E and that, if awarded the Contract, Bidder will comply with the requirement that any person performing labor or rendering service under a contract for public work or improvement shall be paid not less than the highest general prevailing rate of wages in private employment for similar work. Bidder is aware that failure to comply with such wage provision may void said Contract, shall result in a forfeiture to the City and County of San Francisco of fifty dollars ($50) per day for each person not receiving the required wage, and shall result in disqualification as a contractor or subcontractor on any public work or improvement for the City and County of San Francisco for a period of 5 years thereafter. Bidder further attests by submitting the attached Bid Form, that Bidder shall require from all its subcontractors that they acknowledge having read San Francisco Charter section A7.204 and San Francisco Administrative Code section 6.22E and that they will comply with the same requirements under this Contract. Note: The above Certification is part of the Bid. Signing the Bid Form (Document 00400) shall also constitute signature of this Certification. Bidder must submit this completed form with its Bid. END OF DOCUMENT 38 Contractors Assistance Center

39 Bidding Requirements Sample Bid Forms Copyright 2010 City & County of San Francisco WD-2643(I) DOCUMENT CERTIFICATE OF BIDDER REGARDING NONDISCRIMINATION IN CONTRACTS AND BENEFITS Bidder, by submitting the attached Bid Form, hereby acknowledges that Bidder has read and will comply with chapter 12B "Nondiscrimination in Contracts" of the San Francisco Administrative Code and attests to the following (please check the applicable box): " CERTIFIED: The San Francisco Human Rights Commission ("HRC") has certified that Bidder is in compliance with chapter 12B of the San Francisco Administrative Code, and all applicable related requirements as specified in the Contract Documents, and the certification is in effect on the date of Bid opening. " CERTIFICATION PENDING: Bidder has submitted Form HRC-12B-101 and all required documentation to the HRC seeking certification of compliance with chapter 12B, and determination of compliance is pending review by the HRC. Bidder agrees to resolve all non-compliance through conciliation with HRC as a condition precedent to award of the Contract. If the HRC determines that Bidder is non-compliant, Bidder's Bid shall be deemed non-responsive. " NOT CERTIFIED: Bidder acknowledges that full compliance with chapter 12B of the San Francisco Administrative Code is a condition precedent for award of the Contract, and if determined to be the low Bidder, Bidder will submit Form HRC-12B-101 and all required documentation within 5 working days after the date of Bid opening. If the HRC determines that Bidder is non-compliant, Bidder's Bid shall be deemed non-responsive. Note: The text chapter 12B of the San Francisco Administrative Code and Form HRC-12B-101 is available from the HRC, 25 Van Ness Avenue, Suite 800, San Francisco , telephone (415) and posted on the Web at Compliance with the requirements of Chapter 12B is a condition precedent to receiving a contract. Non-compliant Bidders are advised to submit Form HRC-12B-101 and accompanying documentation to the HRC at the earliest possible opportunity to avoid delays in obtaining certification with these requirements; waiting to file during the 5 day period after Bid opening could cause delays. Note: The above Certification is part of the Bid. Signing the Bid Form (Document 00400) shall also constitute signature of this Certification. Bidder must submit this completed form with its Bid. END OF DOCUMENT One of the boxes MUST be checked. You do not have to be certified. Just be accurate. 39 Contractors Assistance Center SFPUC v Certificate of Bidder Regarding Apprenticeship Training Program

40 Bidding Requirements Sample Bid Forms SAMPLE BID FORMS Be as complete and accurate as possible. CITY AND COUNTY OF SAN FRANCISCO HUMAN RIGHTS COMMISSION S.F. ADMINISTRATIVE CODE CHAPTERS 12B & 12C DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS (HRC-12B-101) # Section 1. Vendor Information Name of Company: Name of Company Contact Person: Phone: Ext: Fax: Address: Vendor Number (if known): Federal ID or Social Security Number: Approximate Number of Employees in the U.S.: Are any of your employees covered by a collective bargaining agreement or union trust fund?! Yes! No Union name(s): # Section 2. Compliance Questions Question 1. Nondiscrimination Protected Classes A. Does your company agree to not discriminate against your employees, applicants for employment, employees of the City, or members of the public on the basis of the fact or perception of a person s membership in the categories listed below? Please note: a YES answer is required for compliance. Please answer yes or no to each category. Race! Yes! No Color! Yes! No Creed! Yes! No Religion! Yes! No National origin! Yes! No Ancestry! Yes! No Age! Yes! No Height! Yes! No Sex! Yes! No Sexual orientation! Yes! No Gender identity (transgender status)! Yes! No Domestic partner status! Yes! No Marital status! Yes! No Disability! Yes! No AIDS/HIV status! Yes! No Weight! Yes! No B. Does your company agree to insert a similar nondiscrimination provision in any subcontract you enter into for the performance of a substantial portion of the contract you have with the City? Please note: you must answer this question even if you do not intend to enter into any subcontracts.! Yes! No Question 2. Nondiscrimination Equal Benefits for Employees with Spouses and Employees with Domestic Partners A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees?! Yes! No B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees?! Yes! No *The term Domestic Partner includes both same-sex and opposite-sex couples who have registered with a state or local government domestic partnership registry. See S.F. Admin. Code Chapter 12B.1(c). DATE & TIME RECEIVED BY HRC (FOR HRC USE ONLY) Questions 2A and 2B should be answered YES even if your employees must pay some or all of the cost of spousal or domestic partner benefits. If you answered NO to both Questions 2A and 2B, go to Section 4, complete and sign the form, filling in all items requested. If you answered YES to either or both Questions 2A and 2B, please continue to Question 2C. (OVER) 00470/HRC101-1 S.F. Administrative Code Chapters 12B & 12C 40 Contractors Assistance Center

41 Bidding Requirements Sample Bid Forms SAMPLE BID FORMS Question 2. (continued) C. Please check all benefits that apply to your answers above and list in the other section any additional benefits not already specified. Note: Some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. Be as complete and accurate as possible. Yes for Employees With Spouses Yes for Employees With Domestic Partners No, this Benefit is Not Offered BENEFIT Health!!!! Dental!!!! Vision!!!! Retirement (Pension, 401(k), etc.)!!!! Bereavement!!!! Family Leave!!!! Parental Leave!!!! Employee Assistance Program!!!! Relocation & Travel!!!! Company Discount, Facilities & Events!!!! Credit Union!!!! Child Care:!!!! Other!!!! Documentation Of this Benefit Is Submitted With this Form Note: If you can t offer a benefit in a nondiscriminatory manner because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent, submit a completed Reasonable Measures Application Form (HRC- 12B-102) with all necessary attachments, and have your application approved by the HRC. For more information, see Rules of Procedure section II B or contact the HRC. # Section 3. Required Documentation YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C. Without proper documentation, your company cannot be certified as complying with Chapters 12B & 12C. For example, to document medical insurance submit a statement from your insurance provider or a copy of the eligibility section of your plan document; to document leave programs, submit a copy of your company s employee handbook. If documentation of a particular benefit does not exist, attach an explanation. For more information see the Quick Reference Guide at or contact the HRC Have you submitted supporting documentation for each benefit offered?! Yes! No Fill out identifying information # Section 4. Executing the Document COMPLETELY I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Executed this day of, in the year, at, (City) (State) Signature Name of Signatory (please print) Mailing Address City, State, Zip Code Title Submit this form and supporting documentation to: HRC, 25 Van Ness Ave., Suite 800, San Francisco, CA , or to the City department that sent it to you if the department so requests. Resource Materials and additional copies of this form may be found at: $ For assistance please contact the Human Rights Commission at (TTY: ). 41 Contractors Assistance Center 00470/HRC101-2

42 Bidding Requirements Sample Bid Forms SAMPLE BID FORMS CITY AND COUNTY OF SAN FRANCISCO HUMAN RIGHTS COMMISSION QUICK REFERENCE GUIDE TO EQUAL BENEFITS COMPLIANCE # # Step 1: Understand the Law What does the law require? Effective June 1, 1997, Chapter 12B of the San Francisco Administrative Code was amended to prohibit the City and County of San Francisco from entering into contracts or leases with any entity that discriminates in the provision of benefits between employees with domestic partners and employees with spouses, and/or between the domestic partners and spouses of employees. Who is covered by this law? All entities who hold or seek to enter into contracts with the City and County of San Francisco for public works or improvements, for a franchise, concession or lease of City property, or for goods, services or supplies to be purchased at the expense of the City and County are covered by this law. The law does not cover entities with which the City does less then $5,000 worth of business per year. Subcontractors are not required to comply with this law. Each party to a joint venture must comply independently. What benefits are covered? In most cases, the law applies to all benefits offered by a contractor to its employees who have spouses or domestic partners and all benefits offered directly to such spouses or domestic partners, even when the employee pays the entire cost of the benefit. This includes, but is not limited to, medical insurance, retirement plans, leaves of absence (such as bereavement and family medical leave), use of company facilities, and discounts. What is a domestic partner? The law defines a domestic partner as any person whose domestic partnership is currently registered with a governmental body pursuant to state or local law. This includes both same-sex and opposite-sex couples. To comply with the law, verification of domestic partnerships may take place only to the same degree and in the same manner as marriages are verified. What if a company will comply but needs time to do it? Once a contractor makes it clear that it will comply with Chapter 12B (by submitting a 12B Declaration indicating compliance), in certain situations ending discrimination in benefits may be delayed. For instance, offering medical insurance may be delayed until the contractor s next open enrollment period; other benefits, such as bereavement leave, may be delayed until the contractor s personnel policies can be revised. Benefits offered through a union agreement may also be delayed under certain circumstances. For more information, see Rules of Procedures section II.E., Substantial Compliance Affidavit (Form HRC-12B-103), or contact the HRC. What if a contractor is unable to offer benefits equally? Some contractors are unable to find an insurance company willing to offer domestic partner coverage. Others may find that a federal law prohibits extending a particular benefit to domestic partners on the same basis as it is extended to spouses. When a contractor takes all reasonable measures to stop discriminating, but can t for reasons outside its control, it can comply with Chapter 12B if it agrees to pay a cash equivalent. The HRC decides whether reasonable measures have been taken. A cash equivalent is the amount of money paid by an employer for the spousal benefit that is unavailable for domestic partners, or vice versa. For more information, see Rules of Procedure section III, Reasonable Measures Application (Form HRC-12B-102) or contact the HRC. # Step 2: Complete a Chapter 12B Declaration (Form HRC-12B-101) Answering the Questions Section 1 asks for information about your company. Please complete all items; if you don t know your vendor number, you may leave that item blank. Section 2, Question 1A asks whether your company prohibits discrimination against people based on the categories listed. This policy does not need to be in writing. Answer YES if your company does have such a policy. Answer NO if your company does not have such a policy. Question 1B asks whether your company agrees to include a nondiscrimination clause in all subcontracts entered into for the performance of a substantial portion of any contracts you have with the City. This clause must include all of the categories listed in question 1a. You must answer this question even if your company will not be entering into any subcontracts associated with work performed for the City. Answer YES if you will agree to include a nondiscrimination clause in subcontracts. Answer NO if you will not agree to include a nondiscrimination clause in subcontracts. Question 2A asks whether your company offers benefits (such as medical insurance) to employees spouses or to employees because they are married (such as bereavement leave which can be taken because of the death of a spouse, or family medical leave which can be taken because of a spouse having a serious medical condition). Answer YES if you offer any such benefits. Answer NO if you do not offer any such benefits. If you have no employees, you should answer NO. Helpful hint: You are considered as offering a benefit even if you don t pay for it. If access to the benefit is offered, but the cost must be paid in whole or in part by the employee, you should still answer YES. 42 Contractors Assistance Center 00470/QR- 1 Chapter 12B Quick Reference Guide to

43 Bidding Requirements Sample Bid Forms SAMPLE BID FORMS Question 2B asks whether your company offers benefits (such as medical insurance) to employees domestic partners or to employees because they are in a domestic partnership (such as bereavement leave which can be taken because of the death of a domestic partner, or family medical leave which can be taken because of a domestic partner having a serious medical condition). Answer YES if you offer any such benefits. Answer NO if you do not offer any such benefits. If you have no employees, you should answer NO. Helpful hint: To comply, your answers to questions 2A and 2B should be the same. In very limited circumstances, you may comply without offering benefits equally. See Reasonable Measures Application, Form HRC 12B-102. of a parent in-law or other relative of a spouse, it must include time off for the death of a domestic partner s equivalent relative. Family Leave -Your company s Family and Medical Leave Act policy. All companies with 50 or more employees must offer this benefit. Your policy should indicate that employees may take leave because of the serious medical condition of their spouse or domestic partner. Parental Leave -Your company s policy indicating that employees may take leave for the birth or adoption of a child, to care for a child who is ill, and/or to attend school appointments. If leave is available for step-children (the spouse s child) then leave should also be made available for the child of a domestic partner. Question 2C should be filled out ONLY if you have answered YES to question 2A and/or 2B. It asks you to indicate which benefits you offer to spouses (or employees because they are married), which benefits you offer to domestic partners (or employees because they are in a domestic partnership), and which benefits you do not offer. Please indicate only those benefits offered. If you offer benefits not already listed, write them in where it says other. Remember, offering access to a benefit is still considered a benefit, even if your company does not pay for it. Note: If you can t offer all benefit in a nondiscriminatory manner because of reasons outside your control, (e.g., there are no insurance providers willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent, submit a completed Reasonable Measures Application Form (HRC-12B-102) with all necessary attachments, and have your application approved by the HRC. For more information, see Rules of Procedure section II B or contact the HRC. # Step 3: Attach the Necessary Documentation Section 3 states that you must submit documentation that verifies all benefits marked in your answer to Question 2C are offered in a nondiscriminatory manner. It is best if you submit this documentation along with your Declaration form. If you need to delay the submission of documentation, please see Step 1 for information. For benefit policies that are unwritten, submit a letter to the HRC indicating this. Use the list below as a guide for the type of documentation needed. Medical Insurance -A statement from your medical insurance provider that spouses and domestic partners receive equal coverage in your medical plan. This may be in a letter from your insurance provider, or reflected in the eligibility section of your official insurance plan document. Pension (including 401k plans) -The sections of your pension plan detailing how employees receive benefits. This should cover joint annuity options and pre-retirement death benefits. Documentation should indicate that employees with domestic partners and employees with spouses receive the same benefits and payment options. Bereavement Leave -Your bereavement leave or funeral leave policy indicating the benefit is offered equally. If your policy allows employees time off from work because of the death of a spouse, it should also allow for time off because of the death of a domestic partner. If the policy allows for time off due to the death 43 Contractors Assistance Center 00470/QR - 2 Employee Assistance Program -Your company s employee assistance program policy confirming that spouses, domestic partners and their parents and children are equally eligible (or ineligible) for such benefits. Relocation & Travel -Your company s policy confirming that expenses for travel or relocation will be paid on the same basis for spouses and domestic partners of employees. Discounts, Facilities & Events -Your company s policy confirming that to the extent discounts, facilities (such as a gym) and events (such as a company holiday party) are equally available to spouses and domestic partners of employees. Credit Union -Documentation from the credit union indicating that spouses and domestic partners have equal access to credit union services. Child Care -Documentation that the children of spouses (stepchildren) and children of domestic partners have equal access to child care services. Other Benefits -Documentation of any other benefits listed to indicate that they are offered equally. # Step 4: Use the Available Resources The Human Rights Commission has developed resources to help with the compliance process: Rules of Procedure for guidelines on how the Ordinance is being implemented; definitions of the terms used in the Ordinance; and information on jurisdiction and other matters. Resource Materials for in-depth answers to commonly asked questions on medical benefits, pensions plans, taxation; information on the cost of providing domestic partner benefits; and sample employee policies. Insurance List of insurance providers around the country willing to write policies inclusive of domestic partners. You can get copies of these documents by calling the Human Rights Commission at , or download them from the Commission s website at: Chapter 12B Quick Reference Guide to

44 Bidding Requirements Sample Bid Forms Copyright 2010 City & County of San Francisco WD-2643(I) DOCUMENT NONCOLLUSION AFFIDAVIT TO THE SAN FRANCISCO PUBLIC UTILITIES COMMISSION, CITY AND COUNTY OF SAN FRANCISCO In accordance with California Public Contract Code section 7106 the Bidder declares that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or that anyone shall refrain from Bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid. Note: The above Noncollusion Affidavit is part of the Bid. Signing the Bid Form (Document 00400) shall also constitute signature of this Noncollusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Bidder must submit this form with its Bid. SIMPLY RETURN THE DOCUMENT END OF DOCUMENT SFPUC v Noncollusion Affidavit 44 Contractors Assistance Center

45 Bidding Requirements Sample Bid Forms Copyright 2010 City & County of San Francisco WD-2643(I) DOCUMENT CERTIFICATION OF BIDDER REGARDING DEBARMENT AND SUSPENSION* I, NAME OF COMPANY OFFICER, by signing the attached Bid Form, under penalty of perjury, hereby certify that, except as noted below, that my principals and I: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a government agency; 2. have not within a 3-year period preceding this Bid been convicted of or had a civil judgment rendered against us for: (i) commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; (ii) violation of federal or state antitrust statutes; or (iii) commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in item 2 above; and 4. have not within a 3-year period preceding this Bid had one or more public transactions (federal, state or local) terminated for cause or default. 5. Where the Bidder is unable to certify to any of the statements in this certification because it currently violates or has previously violated the above conditions 1 to 4, such prospective participant shall provide a description of each instance of violation and attach an explanation to this Bid. The Bidder declares the following exceptions to the above representations: (If there are exceptions to this Certification, insert the exceptions in the space provided below.) Exceptions will not necessarily result in denial of award of the Contract, but will be considered in determining Bidder responsibility. For each exception noted above, Bidder shall indicate below to whom it applies, name of the government entity and dates of action: Exception Person Government Entity Dates Inclusive NOTICE: Providing false information may result in criminal prosecution or administrative sanctions. *Fulfills requirements of Title 49, CFR, Part 29 Note: The above Certification is part of the Bid. Signing the Bid Form (Document 00400) shall also constitute signature of this Certification. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Bidder must submit this completed form with its Bid. END OF DOCUMENT Be as complete and accurate as possible 45 Contractors Assistance Center

46 Bidding Requirements Sample Bid Forms Copyright 2010 City & County of San Francisco WD-2643(I) DOCUMENT BUSINESS TAX REGISTRATION DECLARATION I understand that if I am awarded the Contract, each of my Subcontractors and I must maintain a current business tax registration number. If the Tax Collector of the City and County of San Francisco determines that any of my Subcontractors or I do not have or maintain a current business tax registration number, the City may either cancel the Contract or withhold payment. COMPANY NAME Bidder's Name POSITION OF SIGNER BELOW Name and Title of Signer COMPANY'S STREET ADDRESS Bidder's Street Address COMPANY'S CITY, STATE and ZIP CODE Bidder's City, State, ZIP COMPANY'S PHONE NUMBER Bidder's Telephone No. SIGNATURE OF COMPANY OFFICER Signature of Bidder or Authorized Representative DATE - Month Day, Year Date END OF DOCUMENT SFPUC v Business Tax Registration Declaration 46 Contractors Assistance Center

47 Bidding Requirements Sample Bid Forms SAMPLE BID FORMS Business Registration Certificate Requirement Unless you have previously submitted this form, failure to complete the Declaration on the reverse and return this form to the Office of Contract Administration (OCA) with your bid will be a basis for rejection of the bid, and OCA will assume that your company does not intend to apply for a Business Registration Certificate. General To receive an award, a vendor must have a current Business Registration Certificate or else not be required to register. The registration fee is $25, $150, $250 or $500, depending on the type and size of your business. The fee (except the $25 fee) is pro-rated for new registrations, depending on when during the year you started your business in San Francisco, and is based on estimated tax liability for your payroll expense. To determine the registration fee due, you can check the website at In addition, every business conducting business in San Francisco must file a combined Payroll Expense Tax Statement and Business Registration renewal on an annual basis. Businesses with a computed tax of $2,500 or less are exempt from paying payroll expense tax if the statement is filed on time. Who must obtain a registration certificate? Any business located, or conducting business, in San Francisco. What is conducting business in San Francisco? Briefly, it means engaging in business in San Francisco, having met one or more of questions 1-7 on the reverse specifically relate to conducting business. Are there exceptions? Yes. A person receiving rental income solely from a cooperative housing corporation, or a residential structure of less than 4 units, or a residential condominium, shall not be deemed to be engaging in business. My business is not located in San Francisco. Is a registration certificate still required? Yes, if the business conducts business in San Francisco All businesses, including those which do not do business in San Francisco but excluding government agencies, must sign and return the Declaration. What's involved in obtaining a registration certificate? Obtaining a certificate is easy, but not automatic. Once the Tax Collector receives an application, the office must check the payment status of other taxes (Unsecured Personal Property Tax, Payroll/ Business Tax) and licenses or permits. If any tax or license/permit fee is delinquent, the certificate cannot be issued. Only when all taxes and fees are paid in full will the certificate be issued. Where do I obtain the certificate? At the Tax Collector s Office. You would obtain an application form from, and submit it and the registration fee to: Tax Collector s Office, Taxpayer Assistance City Hall, Room 140 San Francisco, CA Do Company Divisions, Parents and Subsidiaries have to register separately? That depends on a company's individual situation. Contact the Tax Collector at (415) or for more information. Can I do business with the City without a certificate? Not if you conduct business in San Francisco. The City can make purchases from businesses only in the following situations: The business conducts business in San Francisco and has registered. The business does not conduct business in San Francisco and has signed the Declaration. The business is non-profit and tax-exempt, has signed the Declaration and has submitted an IRS exemption letter. The business is a government agency, bank, insurance company, or other listed exemption. There is an emergency. Although OCA can award the contract, the vendor may be subject to business taxes and required to possess a certificate. These requirements cover service contracts, construction contracts and product purchases. What if my application is pending during a bid evaluation? If you are the low bidder on a City contract, and have applied for the certificate but your application has not yet been approved, the City may make the award to you if you sign the Declaration. If you have a receipt from the Tax Collector for the registration fee, submit a copy of the receipt with this form. What if I currently do not conduct business in San Francisco, but if I win this bid, I will register? You may answer the questions based on your current status, and you should not register at this time. If you win the bid, you should register with the Tax Collector. For more information For information on how to apply for the certificate, call the Tax Collector s Office. For information on your eligibility to receive a particular award, call OCA. See the bottom of the reverse of this form. Completing the Declaration; Failure to do so Unless you previously submitted this form, complete the Declaration and, if possible, return it with your bid or quotation in the envelope provided. If you submit this form separately, see the mailing address under Routing near the bottom of the reverse of this form. If you do not complete and return this form, that will be a basis for OCA s rejecting the bid, and for assuming that your company should register but will not and therefore that the City cannot do business with you. If you submitted this form previously If you submitted this form for an earlier transaction, and if your business tax status has not changed, please discard this form. 47 Contractors Assistance Center

48 Bidding Requirements Sample Bid Forms Copyright 2010 City & County of San Francisco Please answer Yes or No to Questions 1-7, based on your company's situation as of now. If any answers would change if your company won a bid that is pending, you may submit a new form later. Be as complete and Conducting Business in San Francisco accurate as possible Yes No This person, business, or person s or business s employee: 1. Maintains, owns or leases a fixed place of business within San Francisco. 2. Regularly maintains a stock of tangible personal property in San Francisco for sale in the ordinary course of business. 3. In the ordinary course of business, employs or loans capital on property within San Francisco. 4. Solicits business, performs work, or renders services within the City on a regular bases for all or part of any seven or more separate days during one year (e.g., 4 employees in San Francisco for 2 days each constitute 8 separate days, and require a yes answer to this question). If a manufacturer does not conduct business in San Francisco but the manufacturer's independent representative does, only the representative must register. 5. Exercise corporate or franchise powers within the City for the benefit of the person. 6. Liquidate a business when the liquidators hold themselves out to the public as conducting a liquidated business. 7. Utilize the streets within the City and County of San Francisco in connection with the operation of motor vehicles for business purposes for all or part of any seven days during one year. If you answered no to all Questions 1-7, ordinarily you are not conducting business in San Francisco, need not register with the Tax Collector and may omit items 8-15 following, but you must sign and return this Declaration. However, this is subject to review by the Tax Collector. If you answered yes to any of the questions, you must answer the remaining questions in this Declaration and, unless an exemption applies, must register. WD-2643(I) Tax-Exempt Businesses, Banks, Insurance Companies, Others If you answer Yes to any of items 8-12, you still need to register but need not pay the registration fee. To register, you must submit proof of tax-exempt status to the Tax Collector, with other forms. Proof is usually an exemption letter from the IRS, noting 501(c) or (d) of the Internal Revenue Code. Also, submit this form and proof of tax-exempt status to the Office of Contract Administration (OCA). Yes No 8. This business is non-profit, tax-exempt. 9. This business is a bank or an insurance company. (If Yes, indicate your type of business: ) 10. This business owner is visually impaired as licensed under Ch. 6A, Title 12 USC and Art. 5, Ch. 6, Part 2, Div. 10 of the CA Welfare & Institutions Code. 11. This business is a skilled nursing facility licensed under Title 22, CA Admin. Code, Div. 5. Applying for a Business Registration Certificate If you answered yes to any of Questions 1-7, and no to Questions 8-11, check item 12, 13, or 14 and complete any applicable blanks. If no item is checked, or if the Declaration is not signed, this will constitute a basis for OCA to reject the bid. 12. This company has registered with the Tax Collector. Certificate # (6 digits, e.g., ). 13. This company applied for a Certificate by mailing the application and fee to the Tax Collector, or by submitting the application in person, on, 20. The application is pending. (NOTE: Completing this Declaration is not the same as applying for a Certificate.) If you submitted the application in person, please submit with this Declaration a copy of the fee receipt you received from the Tax Collector. 14. This company does not intend to apply for a certificate, although we do conduct business in San Francisco. 15. This company currently does not need to register (answered NO to questions 1-7) but if awarded a bid, questions # would be answered YES and this company will register. I understand that my representation, if any, that I am not engaged in business in San Francisco is subject to review by the Tax Collector. If the Tax Collector determines that I am conducting business in San Francisco, the City may either cancel the contract or withhold payment ten days after written notification by the Tax Collector. I declare (or certify) under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Executed this day of, 20, at, (City) (State) Name of Company (please print) Mailing Address for General Corresp., Purchase Orders, etc General Address Signature City, State, ZIP Name of Signatory (please print) Remittance Address, if different Remit Address Title Telephone Number City, State, ZIP Federal ID or Social Security Number Routing If you are registering, obtain an application from the Tax Collector s website ( Do not send this P-25 form to the Tax Collector. We encourage you to send this form with your bid or quotation in the envelope provided. If you submit this form separately, send it to: Office of Contract Administration, Business Tax Compliance, City Hall, Room 430, San Francisco, CA If you submitted this form previously and if your business tax status has not changed, discard this form. For more information - Regarding how to apply for a certificate, call the Tax Collector at (415) or (415) Regarding a bid, call the OCA at (415) Fill out identifying information COMPLETELY SFPUC v /APA - 2 Business Registration Certificate Requirement 48 Contractors Assistance Center

49 Bidding Requirements Sample Bid Forms Copyright 2010 City & County of San Francisco WD-2643(I) BIDDING COMPANY DOCUMENT CERTIFICATE OF BIDDER REGARDING APPRENTICESHIP TRAINING PROGRAM I,, NAME OF COMPANY OFFICER by affixing my signature hereto, acknowledge that I have read San Francisco Administrative Code section 6.22(O) and I make the following declaration regarding each apprenticeable trade for which I will provide labor to the Project: (Please check the appropriate box(es) and complete the listing of trade(s) in the space provided below) " I am a signatory to a recognized apprenticeship or training program under chapter 4 of the California Labor Code as certified by the State of California Division of Apprenticeship Standards for the following apprenticeable trades for which I will provide labor on the Project, and I will provide written proof of my status as a signatory within 10 days after the date of the City s written notification of award of the Contract: (List Trades Here) Complete as applicable " I have applied to become a signatory for the trades listed below but have not been accepted. Nevertheless, pursuant to San Francisco Administrative Code section 6.22(O) and California Labor Code section , I will pay into the appropriate apprenticeship fund(s) an amount equal to that paid by signatories. I acknowledge that I will be required to submit written evidence of such payments with all progress payment requests for payment for Work on the Project starting with the second such progress payment request and that providing such evidence is a condition that I must meet in order for to qualify for payment by the City. (List Trades Here) Complete as applicable Additionally, I attest that I will require each of my subcontractors to submit in accordance with Document a completed and signed Certificate of Subcontractor Regarding Apprenticeship Training Program form (Document 00488). I acknowledge that, for subcontractor(s) who declare on said Document that they have applied to become a signatory but have not been accepted and will pay into the appropriate apprenticeship fund(s) an amount equal to that paid by signatories, I must submit written evidence of such payments with all progress payment requests for payment for Work on the Project starting with the second such request and that providing such evidence is a condition I must meet in order to qualify for payment by the City. I also attest that I and all of my subcontractors will comply, as a material term of the Contract, with the requirements of the State Apprenticeship Program as set forth in the California Labor Code, division 3, chapter 4 (commencing at section 3070) and section and San Francisco Administrative Code section 6.22(O) and all requests by the City to provide proof that I and all subcontractors are in compliance with those requirements. I declare (or certify) under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that I am authorized to bind this entity contractually. If the Contract involves one or more trades with a recognized apprenticeship program for which you have declared that you are a signatory to a recognized apprenticeship or training program, written proof of status must be submitted for each trade within 5 working days after the date of the City s written notification of award of the Contract. Bidder's Name Bidder's Street Address Bidder's City, State, ZIP Bidder's Telephone No. Fill out identifying information COMPLETELY Name of Signer Title of Signer Date END OF DOCUMENT Signature of Bidder or Authorized Representative 49 Contractors Assistance Center

50 Bidding Requirements Sample Bid Forms Copyright 2010 City & County of San Francisco WD-2643(I) ALL SUBCONTRACTORS DOCUMENT CERTIFICATE OF SUBCONTRACTOR REGARDING APPRENTICESHIP TRAINING PROGRAM I,, NAME OF COMPANY OFFICER by affixing my signature hereto, acknowledge that I have read San Francisco Administrative Code section 6.22(O) and I make the following declaration regarding each apprenticeable trade for which I will provide labor to the Project: (Please check the appropriate box(es) and complete the listing of trade(s) in the space provided below) " I am a signatory to a recognized apprenticeship or training program under chapter 4 of the California Labor Code as certified by the State of California Division of Apprenticeship Standards for the following apprenticeable trades for which I will provide labor on the Project, and I will provide written proof of my status as a signatory within 10 days after the date of the City s written notification of award of the Contract: (List Trades Here) Complete as applicable " I have applied to become a signatory for the trades listed below but have not been accepted. Nevertheless, pursuant to San Francisco Administrative Code section 6.22(O) and California Labor Code section , I will pay into the appropriate apprenticeship fund(s) an amount equal to that paid by signatories. I acknowledge that I will be required to submit written evidence of such payments for all progress payment requests for payment for Work on the Project submitted by the Bidder (General Contractor) to the City starting with the second such progress payment request. Further, I acknowledge that my providing such evidence for the Bidder (General Contractor) to submit to the City with its progress payment request(s) is a condition that I must meet in order for the Bidder (General Contractor) to qualify for payment by the City. (List Trades Here) Complete as applicable I also attest that I will comply, as a material term of the Contract, with the requirements of the State Apprenticeship Program as set forth in the California Labor Code, division 3, chapter 4 (commencing at section 3070) and section and San Francisco Administrative Code section 6.22(O) and all requests by the City to provide proof that I am in compliance with those requirements. I declare (or certify) under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that I am authorized to bind this entity contractually. Complete and deliver this declaration form as specified in Document Instructions to Bidders to the San Francisco Public Utilities Commission, SFPUC Contract Administration Bureau, 1155 Market Street, 9th Floor, San Francisco, CA If the subcontract involves one or more trades with a recognized apprenticeship program for which you have declared that you are a signatory to a recognized apprenticeship or training program, written proof of status must be submitted for each trade within 5 working days after the date of the City s written notification of award of the Contract. Bidder's Name Subcontractor's Name Subcontractor's Street Address Subcontractor's City, State, ZIP Name of Signer Title of Signer Signature of Subcontractor or Authorized Representative Date Subcontractor's Telephone No. END OF DOCUMENT Fill out identifying information COMPLETELY SFPUC v Certificate of Subcontractor Regarding 50 Contractors Assistance Center

51 Bidding Requirements Sample Bid Forms CITY AND COUNTY OF SAN FRANCISCO HUMAN RIGHTS COMMISSION CHAPTER 14B HRC ATTACHMENT 6 Construction Contracts FORM 3: HRC NON-DISCRIMINATION AFFIDAVIT 1. I will ensure that my firm complies fully with the provisions of Chapter 14B of the San Francisco Administrative Code and its implementing Rules and Regulations and attest to the truth and accuracy of all information provided regarding such compliance. 2. I acknowledge and agree that any monetary penalty assessed against my firm by the Director of the HRC shall be payable to the City and County upon demand. I further acknowledge and agree that any monetary penalty assessed may be withheld from any monies due to my firm on any contract with the City and County of San Francisco. 3. I declare and swear under penalty of perjury under the laws of the State of California that the foregoing statements are true and correct and accurately reflect my intentions. Fill out identifying information COMPLETELY Signature of Owner/Authorized Representative: Owner/Authorized Representative (Print): Name of Firm (Print): Title and Position: Address, City, ZIP Federal Employer Identification Number (FEIN): Date: v /HRC3-1 HRC Non-Discrimination Affidavit 51 Contractors Assistance Center

52 Bidding Requirements Sample Bid Forms CITY AND COUNTY OF SAN FRANCISCO HUMAN RIGHTS COMMISSION Fill out identifying information COMPLETELY for all subcontractors and suppliers FORM 5: HRC EMPLOYMENT FORM CHAPTER 14B HRC ATTACHMENT 6 Construction Contracts This form shall be completed by the Bidder and every listed subcontractor (see Section 4.03A) and supplier with a subcontract or purchase order of $50,000 or more. The apparent low Bidder shall submit these forms directly to the HRC Compliance Officer by 5:00 p.m. on the fifth business day after Bid opening. This form must be completed and returned in a timely manner or the Bid may be determined non-responsive and rejected. Contract Number: SECTION 1. Firm: Address: Contract Name: Vendor Number: City: STATE: ZIP: Phone: Type of Contractor s License(s): Federal I.D. Number: SECTION 2. Submit copies of the last four (4) quarters of the California Quarterly Payroll Tax Records. A. Bidder shall make good faith efforts with the assistance of community based organizations designated by the Contract Awarding Authority or local labor union hiring hall to hire economically disadvantaged individuals as required in Section 4.04 of this Attachment. B. List below your estimated number of trade workers by classification. Trade Subject to Collective Bargaining? Number of Estimated Trade Workers Onsite Classification Estimated Start Date Total Hours Estimated on Contract 52 Contractors Assistance Center

53 Bidding Requirements Sample Bid Forms CITY AND COUNTY OF SAN FRANCISCO HUMAN RIGHTS COMMISSION CHAPTER 14B HRC ATTACHMENT 6 Construction Contracts SECTION 3. I will ensure that my firm complies fully with the nondiscrimination provisions of Chapter 12B of the San Francisco Administrative Code. I acknowledge and am hereby advised that upon a finding of non-compliance with the nondiscrimination provisions of Chapter 12B, the City is authorized to impose penalties which may include financial penalties and disqualification from providing goods and services to the City and County of San Francisco for a period not to exceed two (2) years. I declare that the above information is true and accurate and swear under penalty of perjury under the laws of the State of California. Owner/Authorized Representative (Signature) Name of Firm Name and Title (Print) Date FOR SUBCONTRACTOR TO SIGN AND COMPLETE v /HRC5-2 HRC Employment Form 53 Contractors Assistance Center

54 Bidding Requirements Sample Bid Forms Copyright 2010 City & County of San Francisco WD-2643(I) DOCUMENT EXPERIENCE STATEMENT At the time of the bid opening the Bidder shall furnish the following information regarding the qualifications of each proposed key team member and person or entity proposed to perform work as required by Document 00200, Article Contractor Qualifications. Submit completed form to Contract Administration Division as specified in Document Failure to provide and furnish complete information will render Bidder non-responsible and may cause the Bid to be rejected. RESUMES WILL NOT BE ACCEPTED IN LIEU OF THIS REQUIREMENT. Fill out identifying information COMPLETELY EXPERIENCE FOR (CHECK ONE): PROJECT POSITION OR SUBCONTRACTOR WORK: Key Team Member ; Subcontractor NAME OF PROPOSED PERSON OR SUBCONTRACTOR: BUSINESS ADDRESS: TELEPHONE: NUMBER OF YEARS WITH BIDDING CONTRACTOR: TOTAL NUMBER OF YEARS EXPERIENCE IN CONSTRUCTION INDUSTRY: IS PROPOSED PERSON EMPLOYED BY BIDDER? Yes; No; IF NO, LIST NAME AND PHONE OF EMPLOYER: NAME OF EMPLOYER: TELEPHONE: Project Experience: (a) PROJECT NAME: POSITION OR SCOPE OF WORK: DATES SPENT AT PROJECT: PROJECT COST: $ DESCRIPTION OF POSITION OR SCOPE OF WORK: NAME OF OWNER S REPRESENTATIVE: TITLE: TELEPHONE: BUSINESS ADDRESS: (b) PROJECT NAME: POSITION OR SCOPE OF WORK: DATES SPENT AT PROJECT: PROJECT COST: $ DESCRIPTION OF POSITION OR SCOPE OF WORK: NAME OF OWNER S REPRESENTATIVE: TITLE: TELEPHONE: BUSINESS ADDRESS: (c) Be as complete and accurate as possible. The winning bidder must be low and qualified. SFPUC v Experience Statement 54 Contractors Assistance Center

55 Bidding Requirements Sample Bid Forms Copyright 2010 City & County of San Francisco WD-2643(I) PROJECT NAME: POSITION OR SCOPE OF WORK: DATES SPENT AT PROJECT: PROJECT COST: $ DESCRIPTION OF POSITION OR SCOPE OF WORK: NAME OF OWNER S REPRESENTATIVE: TITLE: TELEPHONE: BUSINESS ADDRESS: (d) PROJECT NAME: POSITION OR SCOPE OF WORK: DATES SPENT AT PROJECT: PROJECT COST: $ DESCRIPTION OF POSITION OR SCOPE OF WORK: NAME OF OWNER S REPRESENTATIVE: TITLE: TELEPHONE: BUSINESS ADDRESS: (e) PROJECT NAME: POSITION OR SCOPE OF WORK: DATES SPENT AT PROJECT: PROJECT COST: $ DESCRIPTION OF POSITION OR SCOPE OF WORK: NAME OF OWNER S REPRESENTATIVE: TITLE: TELEPHONE: BUSINESS ADDRESS: Copy this page as needed to provide a complete listing. END OF DOCUMENT Be as complete and accurate as possible. The winning bidder must be low and qualified. SFPUC v Experience Statement 55 Contractors Assistance Center

56 Bidding Requirements Surety Bond & Finance Assistance Program Surety Bond & Finance Assistance Program The City and County of San Francisco is committed to providing local small and emerging contractors access to contract opportunities on City construction projects. The Surety Bond & Finance Program facilitates this objective by providing you, the contractor, with the tools needed to become competitive for public works construction projects. Recognizing that bonding and working capital are common barriers contractors face when bidding and completing contracts, the program addresses these challenges. The program benefits both the contractors and the City s economy in a positive way by reducing public work construction costs and increasing job opportunities available to local contractors. Securing the employment of more local contractors, results in a strong local economy and keeps money recycling within the City. Eligibility The program is for Contract Monitoring Division certified Small or Micro LBE Contractors bidding on City construction contracts. The program is for SFPUC Regional certified Contractors bidding on SFPUC contracts. Contact the Contract Monitoring Division at (415) , for eligibility or to become certified. Contact the San Francisco Public Utilities Commission website at sfwater.org, for eligibility or to become certified. Services Bid, Performance and Payment Bond Guarantees** Contract Financing Guarantees Accounting Assistance and Referrals Third Party Funds Administration Bonding and Financing Consultation and Technical Assistance Individual Counseling and Group Workshops on Contractor Related Topics Individual Counseling: In depth explanation of the bonding and lending process Provide Group Workshops: Outreach to contractors and subcontractors regarding upcoming work Explanation of bonding and lending process Explanation of bookkeeping essentials and the necessity of financial statements Explanation of funds control process How to estimate for upcoming bids Wage Determination and Scope of Work 56 Contractors Assistance Center

57 Bidding Requirements Surety Bond & Finance Assistance Program Technical Assistance: Assistance with completion of paperwork/package required by sureties and lenders Identify possible deficiencies that might preclude contractor/subcontractor from bonding and/or lending Determine means to overcome possible deficiencies Assist contractors/subcontractors in obtaining first bond/loan and/or in increasing their bonding/ loan capacity Relationships Assemble team to best assist contractor s/subcontractor s needs, i.e. surety broker, surety company, lender, and professional services Work with contractor s/subcontractor s existing relationships, i.e. surety broker, surety-company, and lender Examples Utilize guarantee, when necessary, to obtain bond/loan Bond/Loan have been approved through obtaining better quality financial statements Funds Administration has been utilized with or without a guarantee to mitigate risk on the bond and/or loan Introduced to a surety broker with surety markets responsive to small and emerging contractors Introduced to a lender responsive to contractors Cost Program may subsidize fees associated with Third Party Funds Administration up to $5,000 * Program may subsidize fees associated with Accounting Assistance up to $3,200 * * - Subsidy Provided Based Upon Availability of Funds ** - Contractors/Subcontractors are responsible for bond premiums to Surety Companies Successes Contractors and Subcontractors have been able to bid on $302 million in contracts Contractors and Subcontractors have been awarded $87 million in construction contracts Contractors and Subcontractors have obtained $6.1 million in working capital loans 57 Contractors Assistance Center

58 SMALL BUSINESS POLICIES AND REGULATIONS

59 Small Business Policies and Regulations LBE New Ordinance The new ordinance implemented on April 8, 2013, allows SFPUC-LBEs eligibility to receive prime bid discounts and meet LBE subcontracting goals on all shared cost regional construction projects (repair and replacement and capital improvement projects) and nonshared cost projects located 70 miles beyond the San Francisco line. Non Shared Cost Projects Non-shared cost projects located 70 miles outside of the jurisdictional boundaries of of the City and County San Francisco, the awarding department will only apply the 10% bid discount to SFPUC- LBEs where application of the discount will not adversely impact the ranking of a bid submitted by any Micro-LBE, Small-LBE or SBA-LBE certified under Section 14B (i.e. if an LBE firm is the apparent low bidder the awarding department will not apply the 10% bid discount to the SFPUC-LBE). A SFPUC-LBE will be eligible for LBE subcontracting goal for all non-shared cost projects located 70 miles outside of the jurisdictional boundaries of San Francisco. Shared Cost Projects Shared cost projects outside of the jurisdictional boundaries of the City and County San Francisco, SFPUC-LBEs will be eligible for the 10% prime bid discount and also, can receive LBE participation credit towards the LBE subcontracting goal. (Shared cost projects are regional WSIP, repair and replacement (R&R) and regional capital improvement program projects, with two-thirds of the cost paid for by the Bay Area Water Supply Conservation Agency, and one-third paid for by San Francisco ratepayers). Background Created in September 2006, the SFPUC-LBE Program was instituted to allow disadvantaged small construction firms located outside of the City and County of San Francisco within the regional section of the Hetch Hetchy water service area opportunity to bid and compete for contracts under the $4.6 Billion Water System Improvement Program. The WSIP is a shared cost capital improvement program, with two-thirds of the cost paid for by regional customers of the SFPUC, and one-third paid for by San Francisco ratepayers. Under the WSIP certified small disadvantaged construction firms located outside of City and County of San Francisco in the Hetch Hetchy water service area can receive LBE prime contractor discounts and meet LBE subcontracting goals on regional WSIP construction projects. The SFPUC-LBE certification program applies only for public works/construction services, construction materials supplies, construction equipment rental, and/or trucking Contractors Assistance Center

60 Small Business Policies and Regulations Introduction to CMD New Ordinance Language on Legislation Chapter 14B.5 San Francisco Public Utilities Commission s (SFPUC) Local Business Enterprise (LBE) Program Bid Review for Shared Cost Projects Bids Received Application of SFPUC-LBE or SF LBE 10% Bid Discount Yes SFPUC-LBE or SF LBE Low Bidder Yes No No Application of SBA 2% Bid Discount Yes SBA Low Bidder Yes No No Lowest Overall Bid DONE Contractors Assistance Center

61 Small Business Policies and Regulations Introduction to CMD New Ordinance Language on Legislation Chapter 14B.5 San Francisco Public Utilities Commission s (SFPUC) Local Business Enterprise (LBE) Program Bid Review for Non- Shared Cost Projects Bids Received Application of SF LBE 10% Bid Discount Yes SF LBE Low Bidder Yes No No Application of SBA 2% Bid Discount Yes SBA Low Bidder Yes No No Application of SFPUC- LBE 10% Bid Discount Yes SFPUC- LBE Low Bidder Yes No Lowest Overall Bidder No Done 61 Contractors Assistance Center

62 Small Business Policies and Regulations Construction Contracts Defining LBE: Ordinance 41B The City and County of San Francisco s Contract Monitoring Division ( CMD ) administers the City 0s Chapter 14B Local Business Enterprise ( LBE ) Program. The purpose of the LBE Program is to help small, local businesses compete effectively for City contracts. What are the benefits? When bidding as a subcontractor - eligible to be utilized to meet the LBE subcontracting goal (each applicable contract has a required LBE subcontracting goal that all bidders must meet) When bidding as a prime - eligible for the 10% bid discount/rating bonus For all City projects, regardless of location, SF-LBEs are eligible to receive these benefits LBE must be certified on bid due date to be eligible for the above benefits CMD certified LBEs are not the same as State/Federal DBEs Basic LBE Certification Eligibility Requirements: Primary Business Location - must be headquartered or have the principal place of business within the City and County of San Francisco, including Treasure Island or within the Water System for SFPUC LBEs Must be operating in San Francisco or the SFPUC region with a paid Business License for at least 6 months Owners must have expertise, license, etc. in the category seeking certification Must be able to prove business owners have performed contracts in the industry in which they seeking certification All businesses owned by married spouses or domestic partners are considered under common ownership unless the businesses are in unrelated industries and no community property or other jointly owned assets were used to establish or are used to operate either business Economic Thresholds The aggregate average gross annual receipts of all of the businesses under such common ownership must not exceed the below limits in the prior 3 years: Micro-LBE Threshold Small-LBE Threshold Class A and Class B General Contractors $7,000,000 $14,000,000 Specialty Construction Contractors $3,500,000 $7,000,000 Goods/Materials/Equipment and General Services $3,500,000 $7,000,000 Professional Services and Architect/Engineering $1,250,000 $2,500,000 Trucking $1,750,000 $3,500, Contractors Assistance Center

63 Small Business Policies and Regulations Construction Contracts Difference between SF LBE and SFPUC LBE Certified Firms The SF LBE Certification Program is applicable to businesses located in the City and County of San Francisco. The SFPUC-LBE Certification Program is ONLY applicable to construction, specialty construction, construction material suppliers, construction equipment rental firms and trucking services that are located within the Water System Improvement Program (WSIP) regions. Definition of SFPUC Regional Projects 1. Projects to be performed outside of the jurisdictional boundaries of San Francisco that are identified as regional projects and included in the formally approved Capital Improvement Program of the San Francisco Public Utilities Commission s ( SFPUC ) approximately $4.6 billion project to seismically reinforce and otherwise enhance the Hetch Hetchy water supply system, also known as the Water System Improvement Program ( WSIP ), as it may be amended from time to time; 2. Projects to be performed exclusively outside of the jurisdictional boundaries of San Francisco for which some or all of the cost will be shared by members of the Bay Area Water Supply and Conservation Agency (BAWSCA); or 3. Projects under contracts with the SFPUC to be performed exclusively 70 miles or more beyond the jurisdictional boundaries of San Francisco. PUC Regional Projects shall include, but are not limited to, Repair and Replacement work ( R&R ) to be performed in association with a regional Capital Improvement Program or other BAWSCA cost sharing project, or to be performed exclusively 70 miles or more beyond the jurisdictional boundaries of San Francisco. Projects that SFPUC LBEs will be eligible to receive the bid discount and eligible to be utilized to meet the LBE subcontracting goal: When bidding as a prime, certified SFPUC LBEs shall be eligible for the prime contractor bid discount for all PUC Regional Projects where costs will be shared with regional water customers For PUC Non Cost-Sharing Regional Projects located 70 miles outside of the City and County of San Francisco, the SFPUC LBE bid discount shall only apply if application of the bid discount will not adversely impact the ranking of a bid submitted by a Small, Micro or SBA SF LBE SFPUC LBEs would be eligible for LBE subcontracting participation credit on all SFPUC Regional Project contracts whether or not the contract will be subject to cost-sharing LBE Subcontracting Goals for Construction Contracts Goals are established contract by contract, based on Breakdown of scope of work Availability of LBEs 63 Contractors Assistance Center

64 Small Business Policies and Regulations Construction Contracts Project Cost Breakdown (Engineer s Estimate) Demolition of Paving $1,500 Trucking (Hauling Debris) $500 Traffic Control $3,000 AC Pavement $35,000 Painting $11,00 Concrete Work $100,000 Electrical $4,500 Painting $600 Plumbing $600 Fence and Handrails $55,400 Subtotal $212,100 Overhead, Bonds, Insurance and Profit (15%) $31,900 TOTAL $244,000. Good Faith Outreach Options for achieving the Good Faith Outreach Requirements 1. A bidder must achieve 80 out of 100 points on CMD Form 2B. OR 2. A bidder can demonstrate in its bid that it exceeded the established LBE subcontracting goal requirement by 35% or more. If a bidder does so, the bidder is not required to conduct the good faith outreach steps on CMD Form 2B. 3. Please refer to attachments. Good Faith Outreach Option 1 SECTION B All bidders that do not qualify for the exception set forth in Section 14B.8(B) of the Administrative Code must complete this Section B and submit supporting documentation as requested. SUPPORTING DOCUMENTATION FOR ITEMS 2 AND 41 BELOW MUST BE SUBMITTED WITH THE BID. SUPPORTING DOCUMENTATION FOR ITEM 5 AND 6, BELOW, SHALL BE SUBMITTED BY THE APPARENT LOW BIDDER BY 5:00P.M. ON THE FIFTH BUSINESS DAY FOLLOWING BID OPENING. Bidders may obtain a list of certified LBEs from the CMD website: sfgov.org/cmd A bidder must achieve at least 80 points, as determined by CMD, to be deemed compliant with the good faith outreach requirements. A bidder who fails to achieve at least 80 points will be declared non-responsive, and the bid will be rejected. Please check yes or no for each item listed below. 64 Contractors Assistance Center

65 Small Business Policies and Regulations Construction Contracts 1. Did your firm attend the pre-bid meeting scheduled by the City to inform all bidders of the LBE program requirements for this project? If the City does not hold a pre-bid meeting, all bidders will receive 15 points. 2. Did your firm advertise, not less than 10 calendar days before the due date of the bid, in one or more daily or weekly newspapers, trade association publications, LBE trade oriented publications, trade journals, or other media, such as: Daily Pacific Builder, Daily Construction Service, San Francisco Builder s Exchange, Small Business Exchange, SFPUC Contracts & Bids website (sfwater.org/contracts), or the Bids Contracts Section of the Office of Contract Administration s website (mission.sfgov.org/ocabidpublication). If so, you must enclose a copy of the advertisement with your bid. The advertisement must provide LBEs with adequate information about the plans, specifications, and requirements for the work. If the City gave public notice of the project less than 15 calendar days prior to the bid due date, no advertisement is required, and all bidders will receive 10 points. Yes (15 points) Yes (10 points) No (0 points) No (0 points) Good Faith Outreach - Option 2 Example: The LBE subcontracting goal is 10%. Good faith efforts requirements under Option 1 will be waived if the Bidder: 1) Meets the 10% LBE subcontracting goal; AND 2) Has a total LBE participation that equals or exceeds 13.5% of the base bid amount. The 13.5% represents the 10% LBE subcontracting goal plus 35% of that 10% subcontracting goal. LBE Subcontracting Goal Set for the Project 10.0% 35% of 10% LBE Subcontracting Goal 3.5% Total LBE Participation Must Equal or Exceed: 13.5% Micro-LBE Set Aside Program Micro Set-Aside Guidelines for Public Work/Construction Contracts Contracts that are $400,000 or less may be eligible to be set-aside for Micro-LBEs Only certified Micro-LBEs and Micro SFPUC LBEs are eligible to submit bids on these Micro-LBE Set-Aside Contracts To be considered for a Micro-LBE Set-Aside, there must be two or more qualified Micro-LBEs that submit bids The Micro LBE prime must self-perform at least 25% of the scope of work 65 Contractors Assistance Center

66 Small Business Policies and Regulations Construction Contracts LBEUTS This new system replaces the City s Diversity Tracking System. For contracts advertised on or after July 1, 2013, all contractors and subcontractors are required to use this secure web-based system to submit prime and subcontractor payment information (CMD Forms 7 and 9), along with the monthly progress payment invoices. Trainings are held on the last Tuesday of every month at City Hall Room 421 at 10:30 a.m. For more information on the LBEUTS, please visit: 66 Contractors Assistance Center

67 Small Business Policies and Regulations Tips for Navigating CMD 67 Contractors Assistance Center

68 WORKFORCE POLICIES AND REGULATIONS

69 Workforce Policies and Regulations Project Labor Agreement Project Labor Agreement All contractors and sub-contractors with contracts valued over $350,000 are required to complete a Letter of Assent; CityBuild Form 1; and two PLA documents: 00458, Initial Employment Projections; and 00459, Agreement to Hire Apprentices from Participating Referral Agencies form. The Prime Contractor must also submit Certification Form Project Labor Plan Review forms to develop a Project Labor Plan. Project Labor Meeting Prime contractors and subcontractors meet with SFPUC Labor Relations Specialists to discuss scope of work, projected start dates, and to provide a list of key employees from the service territory. Estimated start dates for hiring apprentices from referral agencies are also considered. WSIPLA administrative staff will assist contractors with achieving the local hiring goals and state apprenticeship requirements. Local Area Hire Goal (section 3.7) The PLA has set a goal that 50% of journey hours and 50% of apprentice labor hours be executed by employees that reside within the SFPUC Water System Service Territory (as define d by zip code). California Prevailing Wage Laws & Apprenticeship Ratios (section 13.1) WSIPLA administrative staff monitor contractor s good faith efforts to employ apprentices on the project consistent with the ratios contained in the applicable apprenticeship program approved by the State of California s Division of Apprenticeship Standards. Community-Based Organizations (section 13.3) The SFPUC, contractors, and workforce stakeholders support efforts to work with pre-apprenticeship training agencies located in the county where the work is being performed. In order to maximize employment opportunities for those communities and individuals impacted by the region-wide $4.6B capital improvement program, qualified economically disadvantaged service territory residents are identified and referred through a collaborative process for entry-level, apprentice positions where available. Partner Referral Agencies San Francisco City and County s CityBuild Academy; Alameda County s Cypress Mandela Training Center, Inc.; San Mateo County s JobTrain Project Build; and San Joaquin County s YouthBuild. 69 Contractors Assistance Center

70 Workforce Policies and Regulations City Build San Francisco: Building Tomorrow s Workforce Today CityBuild Offers: CityBuild Pre-Apprenticeship Academy (CBA) Construction Administration Training Program (CATP) Employment Networking Services (For Union & experienced construction workers) CityBuild Academy Training Tracks Orientation Schedule Orientations are one hour and are held at various Access Points & affiliate sites April 10, Comprehensive Access Point, 1500 Mission St 10:00am April 17, EDD, 801 Turk St 1:00pm (Right to Work documents required) April 24, Bayview Access Point, 1715 Yosemite Ave 1:00pm May 8, Western Addition Access Point, 1449 Webster St 10:00am May 15, 2014 Mission Access Point, 2301 Mission St, Suite 301 1:00pm May 22, 2014 Human Services Agency, 3120 Mission St 1:00pm June 12, 2014 Chinatown Access Point, 601 Jackson St 10:00am June 26, 2014 Visitacion Valley Access Point, 1099 Sunnydale Ave 1:00pm CityBuild Academy Training Tracks Minimum Qualifications: Age 18 or older Authorized to work in the U.S. San Francisco resident (with proof of domicile*) High School Diploma or GED* Valid CA Driver License* *Applies only to pre-apprenticeship program CityBuild Academy Training Tracks: CityBuild Academy Pre-Apprenticeship: One semester of state of the art classroom and handson training with City College of San Francisco - Evans Campus Construction job readiness training Employment sponsorship as a Union apprentice Tool and Union initiation assistance Support of dedicated employment case managers & liaisons Math tutoring/preparation Up to 7 construction certifications Vocational English as a Second Language (VESL) support offered through City College Construction Administration Training Program: Job training certificate after 1 semester of practical training and on the job instruction with City College of San Francisco - Mission Campus Basic accounting, QuickBooks, bookkeeping, & Microsoft Office instruction Construction terminology Construction Administration Job Readiness Training On the job training internship with a partner construction company 70 Contractors Assistance Center

71 Workforce Policies and Regulations City Build San Francisco: Building Tomorrow s Workforce Today CityBuild Employment Networking Services Customers interested in utilizing CityBuild Employment Networking Services must attend at least one Information Session and provide domicile documentation for certification. Domicile information is available at: Information Sessions for Union and/or Experienced Workers 2nd Thursday of each month at 10am and 4th Thursday of each month at 6pm 3120 Mission St, San Francisco, CA April 10, :00am May 8, :00am June 12, :00am April 24, :00pm May 22, :00pm June 26, :00pm If you are interested in the CityBuild Academy Training Program please refer to the orientation schedule on the reverse side of this flyer. Already Registered with CityBuild? Speak with a CityBuild Employment Liaison Drop-In Hours: Mondays from 11:00am - 3:00pm 3120 Mission Cesar Chavez Employment Liaison shifts: Zelda Saeli, Joseph Bryant, Lilli Morales 11am-1pm Fathina Holmes, Prentiss Jackson 1pm-3pm (Liaison schedule subject to change without notice) Drop-In Hours are for individuals who have already attended an Information Session. CityBuild services are offered in partnership with: City College of San Francisco, Trade Unions, A. Philip Randolph Institute, Anders & Anders Foundation, Charity Cultural Services Center, Chinese for Affirmative Action, Mission Hiring Hall and Young Community Developers Building the Construction Workforce of Tomorrow For More Information: Rev Contractors Assistance Center

72 Workforce Policies and Regulations Construction Workforce Policies Know Your Construction Workforce Policies! Construction projects in San Francisco may include different workforce policies. Use this guide to help determine which policy may be in place on specific projects. If you have questions contact CityBuild at Policy Name Policy Description Policy Requirements First Source Most private large scale new construction projects and public works projects which are fully or partially federally funded. Notable current projects: 1 Rincon, 45 Lansing, 181 Fremont, 1321 Mission, 1400 Mission, 2558 Mission, Central Subway, Presidio Parkway, SFO Air Traffic Control Tower, Transbay Terminal Good Faith Effort that 50% of all new hires be networked through CityBuild. Contractors must notify CityBuild of all new hiring opportunities. There are no mandatory local percentage requirements on these projects. SF Local Hiring Policy OCII (Redevelopment) Applies to City public works and improvement projects valued above $400,000 since March 25th, Notable current projects: Most projects administered by PUC, DPW, MTA, PORT, Rec & Park and SFO. This includes park, street and sewer repair projects as well as new construction and renovation of City buildings such as the War Memorial Building and SFO Terminals. Applies to projects approved by the Office of Community Investment and Infrastructure (OCII) This is the successor agency to the SF Redevelopment Agency. Notable current projects: most Mission Bay Development projects and the Hunter s Point Shipyard. Mandatory local percentage requirements apply. Local workers must perform a certain percentage of overall work hours by trade. 50% of all apprentice hours, by trade, must be worked by local residents. Local is defined as a San Francisco resident. For projects at SFO, San Mateo County residents are considered local as well. Good Faith Effort that 50% of all work hours be performed by local residents, with priority given to project area residents. There are no mandatory local percentage requirements. Section 3 Federal Workforce Goals Applies to projects receiving funding by HUD and administered by the Mayor s Office of Housing or OCII. Notable current projects: 121 Golden Gate, Franciscan Towers, Western Park Apts Ocean, 201 Turk For all federal or federally assisted contracts over $10,000. Notable current projects: Central Subway, Naval Shipyard, SFO Air Traffic Control Tower, SFO Runway Safety Improvement Project, Transbay Transit Center 30% of all new hires shall be Section 3 eligible residents. Overall project goal of 30% participation by section 3 residents. Section 3 residents are (1) a resident of public housing or (2) a low income resident of SF. Federal Goals pertaining to female and minority participation also apply. Workforce goal of 6.9% female participation by trade and 25.6% minority participation by trade. These goals are administered by the Office of Federal Contract Compliance Programs. 72 Contractors Assistance Center

73 Workforce Policies and Regulations Office of Labor Standards Government Requirements Requirements for contractors and subcontractors bidding public works contracts in the City and County of San Francisco: Proper Contractors Licenses at the Time of Bid List Subcontractors at the time of bid Pay Employees the Correct Prevailing Wage Rates for each Craft, Classification and Type of Work Performed If employees perform multiple crafts, contractor must keep accurate records & pay prevailing wage for each craft Workers Compensation Coverage Submit Certified Payroll Records in the Elation Electronic System Submit Fringe Benefits Statement in the Elation Electronic System Keep itemized pay stubs Employ Electricians Certified by Division of Apprenticeship Standards (As of 1/1/2006) Employ Apprentices registered in a State Approved Apprenticeship program Make apprenticeship contributions Cooperate with OLSE Jobsite Visits and Employee Interviews Use OLSE daily sign in sheet with the names and crafts of all employees on the jobsite. Display OLSE poster at the Jobsite, informing workers of the prevailing wage requirements. Penalties of $50 per worker per day apply for non-payment of prevailing wage Comply with San Francisco Paid Sick Leave Ordinance and the Health Care Security Ordinance for work performed within the geographic boundaries of the City & County of San Francisco 73 Contractors Assistance Center

74 Workforce Policies and Regulations Local Hiring Policy San Francisco Local Hiring Policy for Construction Fact Sheet The effective date of the San Francisco Local Hiring Policy for Construction is March 25, Contracts first advertised for bid on or after March 25, 2011 are covered by the new ordinance. The mandatory participation level is 30% of all project hours within each trade to be performed by local residents, with no less than 15% of all project work hours within each trade to be performed by disadvantaged workers. All contractors, regardless of tier, are subject to these requirements. A local resident is defined as an individual who is domiciled within the City and County of San Francisco at least 7 days prior to commencing work on the project. An individual may have only one domicile, which is their principal residence and where they intend to return when they are absent. The mandatory participation level will increase annually over seven years up to a mandatory participation level of 50% of project work hours within each trade performed by local residents, with no less than 25% of all project hours within each trade performed by disadvantaged workers. At least 50% of the project work hours performed by apprentices within each trade shall be performed by local residents, with no less than 25% of project work hours performed by apprentices within each trade to be performed by disadvantaged workers. The local hiring ordinance applies to contracts for public work or improvement projects in excess of $400,000. The ordinance establishes various consequences of non- compliance with the policy, including the authority of assessment of penalties against contractors that do not meet the local hiring requirements. The penalty for failing to meet the local hiring requirement shall be the amount equal to the journeyman or apprentice prevailing wage rate for the primary trade used by the contractor for each hour the contractor fell short. Contractors may request a conditional waiver from local hiring requirements on a project- specific basis for specialized trades, by receiving credit for local hiring on non- covered projects, or sponsoring new apprentices. A contractor may utilize the Office of Economic and Workforce Development s CityBuild Referral Program if their preferred method of hiring does not enable them to meet the local hiring requirements of the policy. The Office of Economic and Workforce Development is charged with the enforcement of this policy. For more information and updates about the San Francisco Local Hiring Policy for Construction, please visit Questions about the new policy can also be addressed by ing Local.Hire.Ordinance@sfgov.org or by calling the Local Hire hotline at Contractors Assistance Center

75 Workforce Policies and Regulations Local Hiring Policy Exemptions Building Tomorrow s Workforce Today LOCAL HIRING POLICY SPECIALTY CRAFTS EXEMPTION LIST The Construction Specialty Crafts listed below are exempted from the requirements of San Francisco s mandatory Local Hiring Ordinance. For a covered project, contractors shall report all work hours performed for each designated exempt trade. These work hours will be excluded from the required local hiring percentages of a covered project. In addition to categorically exempted crafts below, OEWD is developing policies and procedures that will exempt trades that perform work less than 5% of the total Project Work Hours based on the City s Payroll Report System (PRS), from the mandatory Local Hire Policy. 1. PILE DRIVER Any Marine Diving, Underwater, or Marine-Related Pile-Driving Work. 2. OPERATING ENGINEERS Helicopter pilot Crane operators and oilers Boat, barge, dredge and/or floating equipment operators, deck engineers and oilers 3. TUNNEL/UNDERGROUND WORK PERFORMED BY OPERATING ENGINEERS AND LABORERS TRADE 4. ELECTRICAL UTILITY LINEMAN Lineman / Cable Splicer 5. STAINLESS STEEL WELDING REGARDLESS OF CRAFT 6. IRONWORKER CONNECTOR 7. MILLWRIGHT Contractors Assistance Center

76 Workforce Policies and Regulations First Source Hiring Overview Applies to projects with estimates in excess of $350,000, consisting of 10 or more residential units and/or 25,000 square feet or more of commercial space. Contractors are required to work in good faith with the City s Office of Economic and Workforce Development (OEWD) to employ San Francisco residents in 50% of all new hire opportunities. Contractors must provide CityBuild with a list of Core Employees who will be working on the project, and must notify CityBuild of all new hiring opportunities. Core Employees are defined as workers who are documented on contractor s active payroll 60 of the previous 100 working days prior to award of contract. New hiring opportunities are work that will not be performed by a contractor s Core Employees. CityBuild has the discretion to require contractors to submit payroll records to verify that employees listed meet the definition of Core Employees. Guidelines Prior to starting work on a project, a CityBuild Workforce Meeting is scheduled to discuss construction schedule and labor needs. Form 1: Workforce Projection. Must be submitted to CityBuild by the Prime Contractor for approval within 30 days of contract award. Contractors are required to list work projections and provide a list of Core Employees who will work on the project. Form 4: First Source Monthly Workforce Summary Report is to be submitted by every contractor performing work on the project during the previous month. The prime contractor must collect and submit these to CityBuild by the 10 th of each month. Form 3: Job Notice should be submitted to CityBuild at least 3 business days in advance of a new hire start date. Penalties Liquidated Damages may be assessed for each instance of non-compliance: $5,000 for the first New Hire not properly noticed and $10,000 for each subsequent violation. Failure to comply may lead to delay in release of permits by the Department of Building Inspections. A Corrective Action Plan may be negotiated to avoid penalties. 76 Contractors Assistance Center

77 Workforce Policies and Regulations Labor Standards Enforcement Pre-Bid and Pre-Construction Information Labor Standards Requirements Labor Standards Resources The current prevailing wage rates are available on the Internet, or from OLSE or the Contracting Department. For specific information about prevailing wage requirements you can visit the websites listed below: OLSE Website (select Prevailing Wage option) Sign in Sheets CPR Form Paid Sick Leave Ordinance Health Care Security Ordinance OLSE Video SF Administrative Code, Chapter 6 Link to Elation Systems DIR Prevailing Wage Rates DIR Public Works Manual Apprentice Wage Rates Apprenticeship Programs, Requirements & Forms Contractors State License Status Public Works Projects/Public Works Information Interactive Databases Forms CheckLicense.aspx Contractors are encouraged to call OLSE for information or to answer any questions about labor standards requirements. Our telephone number is: (415) Contractors Assistance Center

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