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HomeMy WebLinkAboutCC Resolution 13254 (Purchase Patrol Boat & Trailer)RESOLUTION NO. 13254 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING USE OF STATE OF CALIFORNIA DEPARTMENT OF BOATING AND WATERWAY GRANT FUNDS IN THE AMOUNT OF $65,000 FOR ONE (1) POLICE DEPARTMENT ALUMINUM HULL QUICK RESPONSE PATROL BOAT AND ONE (1) TRAILER PURCHASED BY SEPTEMBER 30, 2012, AND AUTHORIZING THE MAYOR TO EXECUTE GRANT CONTRACT. Whereas, the City of San Rafael has operated the Police Department patrol boat, "Mission City", continuously since 1985; and Whereas, the State of California, Department of Boating and Waterways, has approved a grant in an amount up to $65,000 to the City of San Rafael for purchase of a new Aluminum Hull Quick Response Patrol Boat to enhance the effectiveness of the City's response to immediate law enforcement calls for service and rescue abilities for the City of San Rafael and our neighboring Local, State and Federal partners as well as our local communities, in addition to our existing program; and Whereas, this grant money will be spent by the Police Department to purchase 1 - Aluminum Hull Patrol Boat and 1- Trailer as specified in the State of California Department of Boating and Waterways Heavy Aluminum Patrol Boat procurement procedure manual. NOW, THEREFORE BE IT RESOLVED, that the Mayor of the City of San Rafael is hereby authorized and directed to execute the Boating Safety and Enforcement Grant Equipment and Operation Contract (#11-204-751), in the form on file with the City Clerk, to fund the purchase of 1- Aluminum hull patrol boat and 1- trailer, as specified in the State of California Department of Boating and Waterways Heavy Aluminum Patrol Boat, in an amount up to $65,000 by September 30, 2012. I, Esther Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council meeting held on November 7, 2011 by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro • !11041INTAF: ffA H' -W0= -R1 - ABSENT: COUNCILMEMBERS: None ESTHER BEIRNE, City Clerk STATE OF CALIFORNIA DEPARTMENT SPECIFICATION WRITING PROCUREMENT PROCEDURES Revised August 2011 TABLE OF CONTENTS INTRODUCTION........................................................................................................................ 1 Scope of Department's approval..........................................................................................2 When to write and submit specifications...........................................................2 Ensuring specifications are met.....................................................................3 Primary purpose of checklist...............................................................................................3 Secondary purpose of checklist...........................................................................................3 Unique or unusual conditions..............................................................................................3 Competitive bidding required..............................................................................................4 Needfor clarity....................................................................................................................4 ALUMINUM PATROL BOAT SPECIFICATIONS CHECKLIST .......................................... General Description...................................................................................5 General Use Statement.........................................................................................................5 BidderSpecifications...........................................................................................................6 General Construction Specifications...................................................................................7 ElectricalSpecifications......................................................................................................8 Interior Specifications.......................................................................................................... 8 Steering and Control Specifications....................................................................................9 Fuel System Specifications..................................................................................................9 EngineSpecifications..........................................................................................................9 Propulsion (Drive) Specifications......................................................................................10 Required Equipment Specifications...................................................................................10 Optional Equipment Specifications...................................................................................10 TrailerSpecifications.........................................................................................................10 Trials..................................................................................................................................11 References..........................................................................................................................12 SUGGESTED LANG URGE FOR INVITATIONS FOR BIDS: DISABLED VETERAN B USINESS ENTERPRISE PARTICIPATION REQUIREMENTS, CONTRACTOR CERTIFICATION CLAUSES, AND RECYCLING CERTIFICATION................................................................ 13-20 The Department of Boating and Waterways is required to review and approve specifications for patrol boats and trailers funded by the Department and purchased by local governmental agencies to ensure certain procurement standards set by the California State Administrative Manual and the Contract. Local governmental purchasing agencies may use their own procurement procedures as long as those procedures reflect applicable state and local laws and regulations and do not conflict with the standards identified in Exhibit B of the Contract. Local governmental representatives should check with their purchasing offices for guidance. Reference: Public Contract Code; California State Administrative Manual Sections 1200 et seq and Section 3503; The Funding Contract and it's Exhibits. Please review the reference documents as well as the sections of this checklist that speak to competitive bidding requirements and disabled veteran participation goals before writing specifications or beginning the procurement process. In addition to the procurement requirements, certain construction, environmental, and health issues need to be considered when preparing patrol boat specifications. This checklist is provided to help local governmental agencies understand the procurement process required and to help in the preparation of specifications for heavy aluminum patrol boats. Please make this document available to all those involved in the design of specifications or the purchase process of heavy aluminum patrol boats. If you have any questions regarding the specification writing process, which cannot be answered by your purchasing agent or office, please contact: California Department of Boating and Waterways Corrina Dugger (916) 263-8184 Law Enforcement Unit 2000 Evergreen Street Sacramento, CA 95815 ADMINISTRATIVE INFORMATION Scone of Department's approval A. The scope of the Department of Boating and Waterway's approval is limited to those items or issues required by State or Federal law, required for safety considerations, or dictated by economic factors and is provided for these reasons only. B. The Department's approval of specifications is not for design purposes and does not mean that the Department either approves or disapproves the specific design of the boat, nor does it prohibit the purchasing agency from issuing change orders to the approved specifications during construction as long as the changes remain within the scope and cost of the contract and do nothing to hinder or restrict the competitive bidding process. II When to write and submit specifications A. The Department expects the requesting agency to know what type and size boat they require, and approximately how much that boat and trailer will cost before a contract is written. The local agency should begin the needs assessment, product research, and preparation of the specifications as soon as the decision is made to request funding from the Department. B. The specifications can be submitted to the Department along with the funding request or it can be submitted after the Department has determined that funding is available. It is the practice of the Department to initiate the contract for funding only after having received the specifications (and approved inspection reports on the boat and trailer to be replaced, if appropriate). III Ensurine specifications are met A. It is the responsibility of the purchasing agency to develop specifications for a patrol boat, which meets their needs in terms of performance, construction and cost. B. It is further the responsibility of the purchasing agency to ensure that the manufacturer or vendor, the bid, and the boat and trailer meet all the specified requirements. I IV Primary purpose of checklist A. The primary purpose of this checklist is to provide a list of the necessary and suggested items to be included in specifications for heavy aluminum patrol boats and trailers. B. Items, which are necessarv. are printed in bold italics, If the necessary items are not met or exceeded in the specifications they will likely be returned unapproved. C. Items that are suggested are printed in standard type and style. The suggested items are included as a result of discussions with enforcement agencies, manufacturers, and others knowledgeable in the field of heavy aluminum patrol boat manufacture and use. A local agency's needs assessment and product research will dictate which of these items you include in your specifications. The wording of the suggested items is provided for information only; the wording of specifications should be chosen to meet specific needs of the submitting agency. V Secondary purpose of checklist A. The secondary purpose of the checklist is to provide phone numbers and other contact information on manufacturers, vendors, as well as other enforcement users of heavy aluminum patrol boats. This information is presented to assist purchasing agencies in product research and needs assessment. VI Unique or unusual conditions A. The checklist is not intended to be a sample specification; it is intended to give local agencies a starting point from which to research, plan and write specifications. Unique or unusual conditions and circumstances may exist which will require design and/or construction considerations not covered in this checklist. Care should always be taken to ensure the best possible design, appropriate selection of materials, and a finished product which is safe, stable, and able to perform as specified over the life of the contracted use. B. Please read through the checklist, discuss it with the appropriate purchasing agent or office responsible for purchasing, and design the specifications accordingly; care must be taken to comply with all competitive bidding requirements. 3 VII Competitive biddine reauired A. State law and reEulations require open competitive bidding. Specifications cannot be written in such a wav that precludes the competitive biddins process. This means that the specifications cannot be written so that onlv one vendor or manufacturer can meet them. One Wav to ensure that several manufacturers are capable of producing the boat specified would be to call a known manufacturer. believed. to be able to meet the specifications. Also. ask for the names of other manufacturers believed capable of meeting them. Contact these manufacturers to verifv this information. It is strongly suggested that requests for bids be sent to as many manufacturers as possible (preferably six [6] or more) to ensure a return bid from at least three [3] qualified bidders B. Descriptions of the patrol boat length, beam, and other measurements and descriptions should be in minimum/maximum language to ensure the broadest application of competitive bidding. C. Disabled veteran participation goals. If the patrol boat is to be funded with a contract from the Department of Boating and Waterways, and if the Department is to be the legal owner of the boat, there are additional requirements to be met in the purchasing process. These requirements involve making sure bidders meet disabled veteran business enterprise (DVBE) participation goals, filling out the contractors certification clauses, and recycling certification.. Refer to the Su22ested LanQuaee for Invitations for Bids. Consult the appropriate purchasing agent or office for additional advice. The purchasing agency is responsible for meeting these requirements. D. Brand names not used. It is also for competitive bidding reasons that specifications should not identify items by brand names alone. The use of brand names can be used to describe that which is acceptable; however, the use of the words "or approved equal" should be used in each instance. VIII Need for claritv The specifications should be straightforward, understandable, and so complete that prospective bidders can clearly understand the conditions under which the boat will be expected to perform and the requirements the boat must meet in terms of general construction, performance and durability. ALUMINUM PATROL BOAT SPECIFICATIONS CHECKLIST I. General Description A. Provide a short description of the boat needed. The description should include construction material, minimum and maximum length, shape of hull, type of propulsion and engine, and any other factors, which will help prospective "bidders, visualize the need. The description might be something like: "Marine aluminum river patrol/rescue boat; 21' to 23' in length; vee bottom; bow rider type with a 454 CI GM (or approved equal) gas engine with a Berkeley (or approved equal) water jet propulsion unit. The boat shall have dual consoles with steering and helm on starboard side." B. The boat length will be described in a two foot window, eg 21'to 23'Y in both the contract and the specifications.' II. General Use Statement The specifications must include a statement, which identifies the intended use of the boat including at least the following: A. Description of the waterways) to be patrolled. Indicate the type of waterway (lake or river), as well as the type of conditions likely to be encountered including the maximum wave conditions to which the boat will be subjected. If there are conditions which are specific to the area(s) to be patrolled, e.g., altitude, heavy seas, short choppy waves, shallow bottoms, or any extreme weather, water, or geographic conditions, include that information. B . Description of the patrol activity to be performed including the type of patrol as well as the anticipated number of hours of patrol. If there are seasonal differences in the type of patrol or the hours, include that information. C. Include language to require that the boat and trailer configuration, balance and construction allow stability, maneuverability, and durability on the waterways to be patrolled and for the patrol purposes intended. This language maybe incorporated into the above description of the waterways and patrol activity. This language may also be in the form of machinery tests and sea trials. See examples under the heading trials. 5 III. Bidder Specifications A. All work done, when and where governed, must comply with current USCG, NMMA and ABYC regulations. B. The boat and trailer design must be a design of a recognized manufacturer of heavy aluminum watercraft that has been in business continuously for a minimum of 24 consecutive months. C. Warranties will include: Engine and pump/IO = full manufacturers warranty Hull = minimum 10 years on materials and workmanship Equipment = manufacturer's warranty or California law D. It is intended that the manufacturer, when selecting components, materials and design practices for the specified boat and trailer, will use those which are the best available in the industry for type of operation and conditions for which the boat and trailer will be subjected. All components, materials and design practices will be selected to give maximum performances, service life and safety and does not merely reflect the minimum requirements of the specifications. E. Bids to include all costs of the finished boat and trailer, including labor, materials, all applicable taxes, delivery to purchaser at designated location, and all other costs for a completely operational boat and trailer upon receipt. F. There will be a monetary penalty for each day beyond the set delivery date. This penalty will be discussed and agreed upon between builder and purchaser at the time of the order. G. A representative of the purchasing agency will have advance notice, from manufacturer, of various stages of construction. The successful bidder is to provide for the total cost of three (3) on site inspections by two representatives during the construction period. The primary purpose of the inspections will be to assure compliance with all designs, specifications and installation instructions. H. The manufacturer or vendor awarded this bid, without additional charges, will deliver the completed boat and trailer to a location designated by the awarding agency and will be expected to spend two days instructing personnel how to operate and maintain this boat and trailer. I. J Owner/service manuals to accompany the boat and trailer upon delivery for any applicable components. Any other general bidder requirements deemed necessary. r u IV. General Construction Specifications A. All materials and equipment shall be new, shall be marine grade and shall meet appropriate Federal and industry standards for material and installation. B. The hull shall be constructed of marine grade aluminum. C. The bottom of the hull shall be a minimum of 3116" (.1875). D. The hull construction shall be welded, all welds continuous inside and outside all seams. No rivets. E. All fastenings to/through the hull shall be aluminum or 300 series stainless steel. If stainless steel, they shall be isolated from aluminum. F. Minimum or minimum/maximum beam and draft requirements. G. Hull configuration (modified vee; flat bottom; etc) and minimum structural support required. H. Deck hardware including placement (we strongly suggest marine grade, oversized, bolted through with backing supports or welded and reinforced) I. Type, size and placement of bilge blower. J. Type, size and placement of bilge pump(s), including minimum GPM. K. Type and placement of railings, cleats, rub strake, towing hitt, bow eye, and other related items. Indicate the towing capabilities required. L. Painting of hull including any requirements for placement of stripes or insignias or other markings. Bottom paint must meet all current California and Federal environmental requirements. M. Gunwale width and height of sides. N. General description of windshield construction, shape, and placement. Windshield shall be constructed of safety glass. Q. Pump protector (swim platform) including size, shape, construction, accommodation requirements and placement. P. Construction and placement of light stantion. Q. Any other general construction requirements deemed necessary. I V. Electrical Snecifications A. International rules navigational lights, marine grade, U.S. Coast Guard approved, are to be installed. B Type, size, and placement of batteries, including number and placement of battery switches. Marine batteries must be used. C. Placement of instrument panel and gauges including type of lights. Gauges will include: hour meter; tachometer; volt meter; oil pressure with audible alarm*, water temperature; oil temperature with oil pan sending unit*. *Not required on outboards. D. Type, size, and placement of heater/defroster package. E. Placement of fuses and toggle switches. F. Type, size, and placement of windshield wipers. G. Type, size, and placement of cockpit lights and their switches including any specific instructions for work areas which need to be lighted. H. Size and placement of electrical conduits or harnesses. I. Requirements for light bars, sirens, PA, spot/search lights, communication and navigation equipment in terms of size, type and placement. J. Type, size, and placement of power winch, including any instructions for mounting of a remote control switch. K. Any other electrical requirements deemed necessary. VI. Interior Specifications Include a specific description of those things required (may include, but not be limited to): A. Type and placement of helm and passenger seating. B. Shape of deck and work areas including placement of drains. C. Decking materials and construction. D. Insulation of deck and other areas to insure dba at the operator's console does not exceed 90'. E. Construction, configuration and placement of engine cover. F. Type, size, and placement of consoles including instructions for lockable storage areas, cushions, etc. G. Gunwale and other storage areas. R (CON'T) H. Requirement for all storage areas to be lockable and keyed alike. 1. Any other interior specifications deemed necessary. VII. Steering and Control Specifications A. Placement of steering and controls. B. Description of the type of steering and controls requested. If a brand name is used specify it is named for comparison purposes only and that an approved equal will be accepted. VIII. Fuel Svstem Specifications A. All installation and materials shall meet minimum Federal specifications. B. Tank material must be marine grade aluminum, pressure tested and certified. C. Indicate the minimum and maximum gallon age required in total and for each tank as appropriate. D. Placement of fuel tank(s). E. Placement of gas fill inlet. F. Fuel filters (heavy-duty water and sediment filtering are suggested.) G. Any other items you deem necessary. IX. Engine Specifications A. Engine must be a new marine engine. B. Engine must meet California State engine exhaust limitations at 50'. C. Maximum of 90' dBA at the operator's console. D. All sound deadening materials must be fire retardant. E. Engine equipped with a closed cooling system filled with anti -freeze. Raw, cooling heater equipped with a sediment/sand trap. While this is not a requirement it is strongly recommended. F. Engine oil system equipped with a heat exchanger capable of maintaining the temperature below the oxidation temperature of engine oil. G. Minimum and maximum size of engine(s) needed expressed in CID and Hp. 9 X. Propulsion (Drive) Specifications A. List the type of propulsion. This can be a jet pump, outboard or inboard/outboard unit. B. In the case of a jet pump, stainless steel impellers may be specified. It is recommended that a hand held screen rake, and a clean out extension for hand clean out hole be required as well. XI. Reauired Equipment Specifications List here all equipment required on the completed boat and trailer. XII. Optional Equipment Specifications List here any optional pieces of equipment to be purchased with or installed on the boat if funds allow. We suggest the bid package instruct manufacturers or vendors to bid each piece of equipment separately so there will be a way to compare one bid with another. This will allow the purchasing agency, if cost becomes the deciding factor, to eliminate one or more pieces of optional equipment from each bid received and still make a fair comparison without having to reject all bids. XIII. Trailer Specifications A. Trailer must meet Federal and SAF requirements. B. Trailer capacity to exceed boat weight fully fueled and equipped. C. Indicate number of axles required. D. Indicate whether bunk beds or rollers are requested. E. Describe the type and placement of lights. F. Describe the braking system required. G. It is suggested the trailer be galvanized (hot dipped). H. Indicate if side marker posts are required. I. Indicate if Bearing Buddies (or approved equal) and rubber caps on the trailer wheels are necessary. Indicate if a spare tire and wheel is required with the trailer, if so indicate placement; it is suggested that a lockable mount be included for the spare. J. Indicate size of hitch. K. It is suggested fenders be strong enough to be used as steps. L. It is suggested a tongue jack with a wheel strong enough to accommodate the tongue weight be required. A Trailer serial number to be cold -stamped onto front of tongue. in XIV. Trials In addition to a complete visual inspection of the equipment, care should be taken to require trials for performance required by the specifications and to make arrangements for appropriate witnesses and approval of the trails by the appropriate personnel of the purchasing agency. The sample trial language, which follows, is offered for informational purposes only. A. The boat must successfully complete, to the satisfaction of the purchasing agency, the trials listed below. B. The successful bidder shall repair, correct, re -design, as appropriate, at no additional cost, if the boat fails the tests. The successful bidder will be responsible for transporting the boat back to the original place of manufacture for any work or modifications needed after sea trials. C. These trials shall be at the manufacturers' or vendors' expense and may be held both at the place of manufacture and at a location designated by the purchasing agency. D. The successful bidder shall notify the purchasing agency at least (3) days before the date set for the sea or machinery trials. E. Before open sea trials are run a trial of all machinery shall be made at the dock. The engine shall be run at idle, at 1000 RPM with clutch engaged for one (1) hour. During these trials, all engine temperature and oil pressures shall be monitored and all piping inspected for leaks. DBA at the operators console will be tested and certified. F. After dock trials have been successfully completed and all machinery installations are deemed satisfactory, open sea trials shall be run. G. Sea trials will be performed while carrying all the specified equipment and payload which would be carried on patrol or SAR, e.g., full fuel tanks, all required rescue equipment, full complement of personnel and miscellaneous equipment or equivalent weight. H. Speed runs will be performed over a measured mile course, one run in each direction beginning at 1000 RPM and then every 500 RPM thereafter not to exceed the maximum recommended RPM recommended by the engine manufacturer. During all runs the engine instrument readings shall be recorded. dBA at the operators console will be tested and certified through the entire range of engine operation with windows and hatches closed and with any canvas enclosures in place. I. The boat shall be able to maintain an average speed of not less than (indicate the required MPH here) in calm water without exceeding 90% of the manufacturer's recommended maximum engine speed. J. The boat shall be given maneuvering trials to determine turning circle at various RPM, course keeping, maneuvering at slow speeds, and towing capabilities. K. The performance trials should demonstrate constant stable and safe control of the boat through all of its tested operations. 11 XIV. References We suggest bidders be required to provide at least three (3) references for whom heavy aluminum patrol boats of a similar size and type have been manufactured. References to include the name of the organization, contact person and telephone number. THIS IS A REFERENCE LIST ONLY! Recommendations are neither made nor intended. The list is not meant to be all- inclusive. Other manufacturers may exist and their absence from this list carries no negative connotation. ALMAR, INC RIVER MARINE (ALUMAWELD) ATTN: Mike Blocher ATTN: Doug Rein 1750 Greensiding Road 7230 Crater Lake Hwy Roseburg, OR 97470 White City, OR 97503 (541) 673-2438 (541) 826-7171 NORTHWIND MARINE MOOSE BOATS ATTN: Don Donart Port Sonoma Marina 605 South Riverside Drive 274 Sears Point Road Seattle, Washington 98108 Petaluma, CA 94954 (206) 767-4497 (707) 778-9828 RIVER HAWK BOATS WOOLDRIDGE BOATS ATTN: Mike Zoller ATTN: Glen Wooldridge 682 Brian Way 1303 South 96a' Street. Medford, OR 97501 Seattle, WA 98108 (541) 779-2545 (206) 722-8998 ALUMINUM CHAMBERED BOULTON POWERBOATS BOATS Attn: Mike Boulton 803 Harris Avenue, # 9 3241 Crater Lake Hwy. Bellingham, WA 98225 Central Point, OR 97502 (360) 647-0345 (541) 826-7330 NORTH RIVER ROGUE JET BOATWORKS ATTN: Mike Blocher ATTN: Bruce Wassom P. O. Box 340 2845 Merry Lane Roseburg, OR 97470 White City, Oregon 97503 (541) 673-2438 ext. 121 (541) 944-2155 JETSTREAM CONCEPTS/CUSTOM WELD BOATS ATTN: Maggie Taylor 240 Garden Highway Yuba City, CA 95991 (530) 742-5752 12 SUGGESTED LANGUAGE FOR INVITATIONS FOR BIDS/REOUESTS FOR PROPOSALS: DISABLED VETERAN BUSINESS ENTERPRISE PARTICIPATION REOUIREMENTS State law requires that State contracts (and contracts of local government agencies when the State will hold a proprietary interest) have participation goals of 3 percent for Disabled Veteran Business Enterprises (DVBEs). PLEASE READ THESE REOUIREMENTS CAREFULLY, FAILURE TO COMPLY WITH THE DVBE REOUIREMENT MAY CAUSE YOUR BID TO BE DEEMED NON-RESPONSIVE AND YOU TO BE INELIGIBLE FOR AWARD OF THIS CONTRACT. I. CONTRACT GOALS/"GOOD FAITH EFFORTS" In order to be "responsive" to this requirement, the bidder must do either of the following two alternatives: a) Meet or exceed the goals of 3 percent DVBE participation for the proposed contract by one of the following two ways: 1- Commit to use DVBEs for not less than 3 percent of the contract amount; or 2- If the bidder is a DVBE, commit to performing not less than 3 percent of the contract amount with its own forces: Or b) Make a "good faith effort" to meet the goals by doing ALL of the following by the final bid/proposal date: 1- Contact this AGENCY to identify DVBEs; 2- Contact other State or Federal government agencies or local DVBE organizations to identify potential DVBEs for this contract; 3- Advertise in trade papers and papers focusing on DVBEs, unless time limits imposed by the AGENCY do not permit that advertising; 4- Send solicitations to potential DVBE subcontractors/suppliers for this contract with sufficient lead time to fully entertain and consider responding bids; and 5- Consider responding DVBEs for participation in this contract. 13 II. DOCUMENTATION REOUIREMENTS Whether the contract goal or the "good faith effort" alternative is chosen, ATTACHMENT 1A must be completed and included in the Final Bid/Proposal. This attachment shows the type of work and company proposed for DVBE participation, their subcontractors (if any), and other related information and must be submitted in the Final Bid/Proposal. If none, state "N/A" or "NONE" on the first line of ATTACHMENT 1A. Contracting tier should be indicated with the following level designations: 0 = Prime or Joint Contractor; 1= Primary subcontractor/supplier; 2 = Subcontractor/supplier of Level 1 subcontractor/supplier; 3 = Subcontractor/supplier of Level 2 subcontractor/supplier; etc. DVBE CERTIFICATION The bidder should include a copy of the DVBE certification letter from the Office of Small and Minority Business (OSMB) for each firm listed on ATTACHMENT 1A. GOOD FAITH EFFORT In addition to the above, for those bidders/vendors opting to document "good faith effort", the bidder must document contacts with other State and Federal governmental agencies, and other organizations that helped identify or provide a list of interested DVBEs for this procurement. A list of dates, times (if known), organizations contacted and contact names and phone numbers is information needed to corroborate the information. The information required to document "good faith efforts" is set out in ATTACHMENT 4. Bidders/vendors who propose goal attainment are permitted to submit documentation for making a "good faith effort" to insure against the possibility that the AGENCY will not agree that goal attainment has, in fact, been met. The bidder/vendor's efforts to meet the contract goal and/or make a "good faith effort" to meet the goal must be sincere and the documentation must be sufficient to reasonably demonstrate that sincerity to the AGENCY. FINAL DETERMINATION OF GOAL ATTAINMENT OR "GOOD FAITH EFFORT" BY THE BIDDER/VENDOR SHALL BE AT THE AGENCY'S SOLE DISCRETION. III. USE OF PROPOSED DVBE If awarded the contract(s), the successful bidder/vendor must use the DVBE subcontractor and/or supplier proposed in the Final Bid/Proposal unless the Contractor requested substitution via prior written notice to the AGENCY, and the AGENCY has approved such substitution. At a minimum, the request must include: a) A written explanation of the reason for the substitution; and b) The identity of the person or firm substituted. 14 THE REQUEST AND THE AGENCY'S APPROVAL OR DISAPPROVAL IS NOT TO BE CONSTRUED AS AN EXCUSE FOR NON-COMPLIANCE WITH ANY OTHER PROVISION OF LAW, INCLUDING BUT NOT LIMITED TO, THE SUBLETTING AND SUBCONTRACTING FAIR PRACTICES ACT OR ANY OTHER CONTRACT REQUIREMENTS RELATING TO SUBSTITUTION OF SUBCONTRACTORS. FAILURE TO ADHERE TO AT LEAST THE DVBE PARTICIPATION PROPOSED BY THE SUCCESSFUL BIDDER/VENDOR MAY BE CAUSE FOR CONTRACT TERMINATION AND RECOVERY OF DAMAGES UNDER THE RIGHTS AND REMEDIES DUE THE AGENCY UNDER THE DEFAULT SECTION OF THE CONTRACT(S). V. DVBE PARTICIPATION REOUIREMENT For the purpose of this DVBE participation requirement, the following definitions apply: a) Disabled Veteran means a veteran of the military, naval or air services of the United States with at least a 10 percent service -connected disability who is a resident of the State of California. b) DVBE means a business concern certified by the Office of Small and Minority Business as meeting all of the following: 1- A sole proprietorship owned by a disabled veteran; or a firm or partnership, 100 percent of the stock or partnership interests of which are owned by one or more disabled veterans; 2- Managed by, and the daily business operations are controlled by, one or more disabled veterans; and 3- A sole proprietorship, corporation or partnership with its home office located in the United States, which is not a branch or subsidiary of a foreign corporation, firm or other business. C) If the AGENCY reserves the right to make multiple awards or a single contract award as a result of this solicitation, the bidder/vendor is deemed responsive to this requirement if there would be compliance based on award of a single contract, notwithstanding that the bidder/vendor may be unable to achieve compliance to meet the established goal if the AGENCY exercises its right to make multiple awards. VI. CONTRACT AUDITS Contractor agrees that the AGENCY or its delegate will have the right to review, obtain and copy all records pertaining to performance of the contract. Contractor agrees to provide the AGENCY or its delegate with any relevant information requested and shall permit the AGENCY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. Contractor further agrees to maintain such records for a period of three (3) years after final payment under the contract. 15 VII. BIDDERS MUST RETURN THEIR BID FORMS WITH THE FOLLOWING FORMS PROVIDED BY THE AGENCY a) Summary of Disabled Veteran Business Participation. ATTACHMENT 1A-- List to include all subcontractors, materials and equipment suppliers contacted, nature of work or material to be provided. b) OSMB DVBE Certification.-- To be attached to bid if bidder/vendor claims DVBE certification for himself or any subcontractors or suppliers. f) Documentation of Good Faith Efforts. ATTACHMENT 4-- List all agencies, organizations, advertisements and solicitations made by bidder/vendor for participation in this contract by Disabled Veteran Business Enterprises. If the bidder has elected to use the "good faith effort" alternative, then all five items listed on Attachment 4 should be addressed. (Bidders/Vendors who have proposed goal attainment are permitted to submit "good faith effort documentation" to insure against the possibility that the awarding agency will not agree that goal attainment has been met.) DISABLED VETERAN OWNED Attachment 1-A COMPANY NATURE OF CONTRACTING TIER CLAIMED DVBE NAME WORK WITH DVBE CERTIFICATION VALUE W COMPLETION INSTRUCTIONS THIS FORM MUST BE COMPLETED WHETHER THE CONTRACT GOALS OR THE "GOOD FAITH EFFORT" ALTERNATIVE IS CHOSEN. IF NO PARTICIPATION IS OBTAINED, STATE "N/A" OR "NONE". COMPANY NAME - List the name of the company proposed for DVBE participation. If the prime contractor is a DVBE, the name MUST be listed for participation. NATURE OF WORK - Identify the proposed work to be performed by the prime contractor or subcontractors. CONTRACTING WITH - List the name of the Department or company with which the company listed is contracting. TIER - The contractor tier should be indicated with the following level designations: 0 = Prime or Joint Contractor 1= Primary Subcontractor/Supplier 2 = Subcontractor/Supplier of Level 1 Subcontractor/Supplier 3 = Subcontractor/Supplier of Level 2 Subcontractor/Supplier, etc. CLAIMED DVBE VALUE - The total dollar amount of the value claimed by a disabled veteran business enterprise. CERTIFICATION - In order to obtain DVBE participation credit, a certification for that DVBE MUST be on file with the Office of Small & Minority Business. A copy of the certification from OSMB should be submitted with the Final Bid/Proposal. The certification must comply with the following requirements: o Meet all requirements set forth in Article 6 [commencing with Section 999] of Chapter 6, Division 4 of the California Military Code; and o Provide to the Office of Small & Minority Business, by no later than five o'clock [5:00 p.m.] on the date on which the subject bid is opened, an Award of Entitlement from the United States Department of Veterans Affairs or the U. S. Department of Defense, issued within six [6] months of the date on which certification is sought, which would certify or declare the existence of a service -connected disability, of at least 10 percent, at the time of application for or renewal of certification as a DVBE. WA DOCUMENTATION OF GOOD FAITH EFFORTS In order to show a "Good Faith Effort", you must address ALL items listed below. (Use addition sheets if necessary.) 11 List below the contacts made with this agency in an effort to identify potential DVBEs for participation in this contract. Include dates, times (if known), contact names and phone numbers. 21 List the contacts made with State, Federal and Disabled Veteran Business Enterprises (DVBE) organizations in an effort to identify potential DVBEs for participation in this contract. Include dates, times (if known), contact names and phone numbers. 31 List the trade papers or other papers focusing on DVBEs in which you advertised for participation in this contract. Include the dates of the advertisement. 41 List potential DVBEs that you solicited for participation in this contract along with the dates you sent the solicitations. 51 List DVBEs that you considered for participation in'this contract. If your efforts, identified DVBEs that you did not select for participation, state the reasons the DVBEs were not selected. SAMPLE DVBE EVALUATION PROCESS 1- Assign one person as the DVBE evaluator for all contracts. Appoint a contract review committee to be used in case the evaluator is unable to make a determination. (See paragraph 5 below.) 2- After the appropriate contract manager opens bids and the usual determinations are made regarding the general responsible/responsive elements of the bid, forward all bids to the DVBE evaluator. 3- The DVBE evaluator will review all bids for compliance using the following two-step evaluation process: Step 1 - DOES THE BID CONTAIN COMPLETED PARTICIPATION SUMMARY FORMS ATTACHMENT 1A? These forms must be completed whether the contract goals or the "good faith effort" alternative is chosen. The percentages must be verified as correct. If the form is submitted and complete proceed to step 2. IF THESE FORMS ARE NOT SUBMITTED OR ARE INCOMPLETE, THE BID IS DEEMED NON-RESPONSIVE AND IS REJECTED. Step 2 - IDENTIFY WHETHER THE BIDDER IS A DVBE OR NOT. Listed on the following pages are the various headings for the bidder. Find the appropriate one and follow the steps listed for approval. You may wish to use the listed steps as a checklist. 4. The DVBE evaluator makes reject/accept determinations based on the review and prepares a recommendation to the contract manager. A sample format follows: BIDDER NAME COMMENTS RECOMMENDATION Apparent low bidder Summary forms not included with bid REJECT BID Apparent 2nd bidder Bidder is DVBE but did not submit REJECT BID certification form with bid Apparent 3rd bidder Bidder is not DVBE and written evidence of REJECT BID good faith effort was not sufficient Apparent 4th bidder Bidder provides sufficient evidence of good AWARD BID faith effort for DVBE 5- If the DVBE evaluator is unable to make a reject/accept determination based on the review, all bids will be reviewed again by a contract review committee. If consensus is reached, proceed with recommendation to award bid. 6- If the contract review committee cannot reach consensus, all bids will be forwarded to the agency's legal counsel for advice on bid award. 1 of 1.1101i 1 i Criteria 1: Does the bidder commit to performing not less than three percent (3%) of the contract amount with its own forces? If the contractor has chosen this method, then check the following: 1) Attachment l A is attached, completed and all percentages are correct and meet the 3% DVBE requirements. 2) A copy of the OSMB DVBE certification letter is attached as appropriate for the bidder and any other DVBE listed on Attachment IA. IF THE ABOVE FORMS ARE NOT SUBMITTED OR ARE INCOMPLETE, THE BID IS DEEMED NON-RESPONSIVE AND IS REJECTED. 19 THE BIDDER IS NOT A DVBE: Criteria 1: Does the bidder commit to use not less than three percent (3%) for DVBEs? If the contractor has chosen this method, then check the following: 1) Attachment I is completed and attached, and the 3% DVBE requirements are met. 2) A copy of the appropriate OSMB DVBE certification letter is attached for each DVBE listed on Attachment 1A. IF THE ABOVE FORMS ARE NOT SUBMITTED OR ARE INCOMPLETE THE BID IS DEEMED NON-RESPONSIVE AND IS REJECTED. Criteria 2: Does the bidder present written evidence of a "good faith effort"? If the contractor has chosen this method, then check the following: 1) Attachment 4 is attached and all 5 steps have been addressed for DVBEs. 2) Attachment IA is completed and attached, indicating DVBE participation is none. IF THESE FORMS ARE NOT SUBMITTED OR ARE INCORRECT (Has the DVBEs been solicited?) THE BID IS DEEMED NON-RESPONSIVE AND IS REJECTED. 20 STANDARD AGREEMENT STD. 213 (NEW 02/98) SCPRS NUMBER AGREEMENT NUMBER eP 1170280 11 # 09-204-751 1. This Agreement is entered into between the State Agency and the Contractor named below STATE AGENCY'S NAME DEPARTMENT OF BOATING AND WATERWAYS CONTRACTOR'S NAME CITY OF SAN RAFAEL POLICE DEPARTMENT 2. The term of this Agreement is: FIFTEEN (15) YEARS 3. The maximum amount $ 65,000.00 of this Agreement is: SIXTY-FIVE THOUSAND DOLLARS 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement: Exhibit A — Standard Terms and Conditions Exhibit B — Administrative Requirements Exhibit C — Audits of State and Local Governments Exhibit D — Suggested Language for Certifications Exhibit E — Darfur Contracting Act *View at www.des.ca.)4ov/contracts IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CONTRACTOR'S NAME (I, f other than an individual, state whether a corporation, partnership, etc.) CITY OF SAN RAFAEL POLICE DEPARTMENT BY (Author- e Sioatrl (` PRINTF N)6IME AND TI OF PERSON SIGNING ALBERT J. BFiRO, MAYOR ADDRESS 1400 FIFTH AVENUE SAN RAFAEL CA 94915 AGENCY NAME DATE SIGNED Il/r4rlfr ATTEST: STATE OF CALIFORNIA DEPARTMENT OF BOATING AND WATERWAYS BY (Authorized Signature) ( DATE SIGNED PRINTED NAME AND TITLE OF PERSON SIGNING LUCIA C. BECERRA, ACTING DIRECTOR ADDRESS 2000 EVERGREEN STREET SUITE 100 SACRAMENTO CA 95815 CALIFORNIA Department of General Services Use Only Exempt per STANDARD AGREEMENT STD. 213 (NEW 02198) SCPRS NUMBER AGREEMENT NUMBER eP 1170280 11 # 09-204-751 1. This Agreement is entered into between the State Agency and the Contractor named below STATE AGENCY'S NAME DEPARTMENT OF BOATING AND WATERWAYS CONTRACTOR'S NAME CITY OF SAN RAFAEL POLICE DEPARTMENT 2. The term of this Agreement is: FIFTEEN (15) YEARS 3. The maximum amount $ 65,000.00 of this Agreement is: SIXTY-FIVE THOUSAND DOLLARS 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement: Exhibit A — Standard Terms and Conditions Exhibit B — Administrative Requirements Exhibit C — Audits of State and Local Governments Exhibit D — Suggested Language for Certifications Exhibit E — Darfur Contracting Act *View at www.das.ca.aovicontracts IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CONTRACTOR'S NAME (tf other than an individual, state whether a corporation, partnership, etc.) CITY OF SAN RAFAEL POLICE DEPARTMENT BY (Authdri ed�i rk, J PRINTED'NAME AID ITLE OF PPRSON SIGNING ALBERT Jm ' ORO, MAYOR ADDRESS 1400 FIFTH AVENUE SAN RAFAEL CA 94915 AGENCY NAME DATE SIGNED 11!1,4l1t ATTEST &5#cZ9�''•. eiry, i K STATE OF CALIFORNIA DEPARTMENT OF BOATING AND WATERWAYS BY (Authorized Signature) I DATE SIGNED PRINTED NAME AND TITLE OF PERSON SIGNING ' LUCIA C. BECERRA, ACTING DIRECTOR ADDRESS 2000 EVERGREEN STREET SUITE 100 SACRAMENTO CA 95815 CALIFORNIA Department of General Services Use Only Exempt per STANDARD AGREEMENT STD. 213 (NEW 02198) SCPRS NUMBER AGREEMENT NUMBER el? 1170280 11 # 09-204-751 1. This Agreement is entered into between the State Agency and the Contractor named below STATE AGENCY'S NAME DEPARTMENT OF BOATING AND WATERWAYS CONTRACTOR'S NAME CITY OF SAN RAFAEL POLICE DEPARTMENT 2. The term of this Agreement is: FIFTEEN (15) YEARS 3. The maximum amount $ 65,000.00 of this Agreement is: SIXTY-FIVE THOUSAND DOLLARS 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement: Exhibit A — Standard Terms and Conditions Exhibit B — Administrative Requirements Exhibit C — Audits of State and Local Governments Exhibit D — Suggested Language for Certifications Exhibit E — Darfur Contracting Act *View at www.des.ca.eovicontracts IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CONTRACTOR'S NAME (If other than an individual, state whether a corporation, partnership, etc;) CITY OF SAN RAFAEL POLICE DEPARTMENT BY (Authorized Sig aturO' PRINTF -D NAME AND TITL OF 4_0N SI NTNG ALBERT J. BARO, MAYOR ADDRESS 1400 FIFTH AVENUE SAN RAFAEL CA 94915 DATE SIGNED t(J /W/11 ATTEST 4sf'6�z GUfy Gcc�PK STATE OF CALIFORNIA AGENCY NAME DEPARTMENT OF BOATING AND WATERWAYS BY (Authorized Signature) I DATE SIGNED PRINTED NAME AND TITLE OF PERSON SIGNING LUCIA C. BECERRA, ACTING DIRECTOR ADDRESS 2000 EVERGREEN STREET SUITE 100 SACRAMENTO CA 95815 CALIFORNIA Department of General Services Use Only RExempt per STANDARD AGREEMENT STD 213 (NEW 02/98) SCPRS NUMBER eP 1170280 11 1. This Agreement is entered into between the State Agency and the Contractor named below STATE AGENCY'S NAME DEPARTMENT OF BOATING AND WATERWAYS CONTRACTOR'S NAME CITY OF SAN RAFAEL POLICE DEPARTMENT 2. The term of this Agreement is: FIFTEEN (15) YEARS 3. The maximum amount $ 65,000.00 of this Agreement is: SIXTY-FIVE THOUSAND DOLLARS AGREEMENT NUMBER # 09-204-751 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement: Exhibit A — Standard Terms and Conditions Exhibit B — Administrative Requirements Exhibit C — Audits of State and Local Governments Exhibit D — Suggested Language for Certifications Exhibit E — Darfur Contracting Act *View at www.dcs.ca.2ovlcontracts IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CONTRACTOR'S NAME (If other than an individual, state whether a corporation, partnership, etc.) CITY OF SAN RAFAEL POLICE DEPARTMENT BY (Authoriz�d Si$naamg) =f� PRINTED NAME AND TITV✓ OF PERSON SIGNING ALBERT J. BORK, MAYOR ADDRESS 1400 FIFTH AVENUE SAN RAFAEL CA 94915 AGENCY NAME DATE SIGNED I I1411r ATTEST:{�. ct- ry STATE OF CALIFORNIA DEPARTMENT OF BOATING AND WATERWAYS BY (Authorized Signature) I DATE SIGNED PRINTED NAME AND TITLE OF PERSON SIGNING LUCIA C. BECERRA, ACTING DIRECTOR ADDRESS 2000 EVERGREEN STREET SUITE 100 SACRAMENTO CA 95815 CALIFORNIA Department of General Services Use Only Exempt per