Biohazardous and Pharmaceutical Waste Disposal Services

Transcription

1 California Department of Mental Health, Metropolitan State Hospital Page 1 of 37 M e t r o p o l i t a n S t a t e H o s p i t a l South Bloomfield Avenue, Norwalk, CA (562) INVITATION FOR BID Notice to Prospective Bidders June 2, 2011 You are invited to review and respond to this Invitation for Bid (IFB), entitled: Biohazardous and Pharmaceutical Waste Disposal Services Estimated Value for Each Contract: $10, $24, In submitting your bid, you must comply with the instructions found herein. Failure to comply with any of the requirements may result in rejection of your bid. By submitting a bid, you and/or your firm agrees to the terms and conditions stated in this IFB and your proposed contract. Note that all agreements entered into with the State of California will include by reference General Terms and Conditions that may be viewed and downloaded at Internet Site: If you do not have Internet access, a hard copy can be provided by contacting the person listed below. In the opinion of the California Department of Mental Health Metropolitan State Hospital, this Invitation for Bid is complete and without need of explanation. However, if you have questions, or should you need any clarifying information, the contact person for this IFB is: Jennifer Moon, SSMI Metropolitan State Hospital Public Phone Number: (562) Fax Number: (562) Address: Jennifer.Moon@msh.dmh.ca.gov This bid solicitation is published online in the California State Contracts Register, Bidsync website at To ensure receipt of any addenda that may be issued, and answered to questions posed, interested parties must register online at Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum. The State reserves the right to award an Agreement to one (1) or multiple Contractors. Jennifer Moon Staff Services Manager I General Services Department 1

2 California Department of Mental Health, Metropolitan State Hospital Page 2 of 37 TABLE OF CONTENTS I. Description of Services and Contract Term A. Description of Services 3 B. Contract Term 3 II. Bidder Minimum Qualifications 3 III. Bid Requirements and Information A. Key Action Dates 4 B. Bidders Questions 4 C. Submission of Bids 4 D. Evaluation and Selection 5 E. Award and Protest 6 F. Disposition of Bids 6 G. Agreement Execution and Performance 6 IV. Preference Programs A. Small Business Preference 6 B. Other Preference Programs 7 C. DVBE Incentive Program 7 V. Required Attachments Attachment 1 Required Attachment Checklist 8 Attachment 2 Bid/Bidder Certification Sheet 9 Attachment 3 Cost Sheet 11 Attachment 4 Bidder s References 12 Attachment 5 Statement of Qualifications 13 Attachment 6 Bidder Declaration Form 14 Attachment 7 Darfur Contracting Act Certification 15 Attachment 8 Disabled Veteran Business Enterprise Participation Program Requirements 16 Attachment 9 Contractor Certification Clauses (CCC 307) 18 Attachment 10 Payee Data Record (STD 204) 19 VI. Sample Contract Sample Standard Agreement (STD 213) 20 Exhibit A Scope of Work 21 Exhibit B Budget Detail and Payment Provisions 25 Exhibit C General Terms and Conditions * Exhibit D Special Terms and Conditions 26 Exhibit E Confidentiality and Information Security Provisions 32 Exhibit F Insurance Requirements 36 * Items shown are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at

3 California Department of Mental Health, Metropolitan State Hospital Page 3 of 37 I. Description of Services and Contract Term A. Description of Services Contractor shall provide all necessary materials, supplies, tools, equipment, transportation, licenses, permits, insurance and personnel to provide a biohazardous and pharmaceutical waste pick-up, transport, and disposal services at Metropolitan State Hospital, South Bloomfield Avenue, Norwalk, CA Please carefully review and consider the detailed Scope of Work located in Item VI, Sample Contract, Exhibit A Scope of Work (Page 21) in order to complete your bid. B. Contract Term: The anticipated term of the contract resulting from this IFB will be from July 1, 2011, or upon approval from Metropolitan State Hospital (MSH), through June 30, The contract resulting from this IFB shall be of no force or effect until it is signed by both parties and approved by the MSH. The Bidder awarded a contract is advised not to commence performance until a contract award has been made, all approvals have been obtained, and the awarded contract has been fully executed. II. Bidder Minimum Qualifications A. Each Bidder shall meet the following minimum requirements. If the Bidder does not meet the minimum requirements, the proposal may be deemed non-responsive and rejected without further review. All minimum requirements must be met by the prime bidder (the person, firm, or organization submitting the bid). All bidders are required to submit evidence of their appropriate current licenses, permits, and certification: 1. Current city business license 2. California Department of Toxic Substances Control, Hazardous Waste Transporter Registration 3. County permits (as required) 4. United States Environmental Protection Agency, ID Number Statement 5. California Department of Public Health, Permit for Medical Waste Management Transfer Station 6. California Department of Food and Agriculture, Divisions of Measurement Standards, Weighmaster License 7. California Department of Motor Vehicles, Motor Carrier Permit B. All bidders are required to submit proof for the following: 1. Contractor shall submit a Statement of Qualifications (see Attachment 5). Contractor and Contractor s personnel must possess experience working for three (3) years. 2. Contractor shall submit Bidder s Reference (see Attachment 4) subject to verification. If the Contractor has previously worked for any State Agency within the last five (5) years, this agency must be listed as a reference.

4 California Department of Mental Health, Metropolitan State Hospital Page 4 of 37 III. Bid Requirements and Information A. Key Action Dates: Event Date Time IFB available to prospective bidders June 2, 2011 n/a Pre-Bid Conference and/or Walkthrough n/a n/a Final Date for Submission of Questions June 17, :00 p.m. Final Date for Bid Submission June 20, :00 p.m. Public Bid Opening June 20, :00 p.m. Notice of Intent to Award n/a n/a Proposed Start Date of Agreement July 1, 2011 n/a B. Bidder Questions: 1. Bidders should notify the MSH Contact Person immediately through BidSync ( if they need clarification about the services being sought or have questions about the IFB instructions or requirements. The level of detail that shall be provided, in response, is subject to the availability of MSH resources. Note: it is the responsibility of the bidder to check BidSync for questions and/or changes within the IFB as all questions, answers, amendments, etc. will be posted. MSH will not be held responsible for inaccurate bids due to vendor s oversight in reviewing any and all information via BidSync. 2. Verbal remarks regarding this IFB are unofficial and are not binding on MSH unless later confirmed in writing as an official addendum. 3. Bidders that fail to report a known or suspected problem with the IFB or fail to seek clarification and/or correction of the IFB, submit a bid at their own risk. C. Submission of Bids: 1. All bids must be submitted under a sealed cover and received by MSH by the dates and times shown in Section III, Bid Requirements and Information, Item A Key Action Dates. The sealed cover must be plainly marked with the IFB number and title, must show your firm name and address, and must be marked DO NOT OPEN, as shown in the following example: Biohazardous and Pharmaceutical Waste Disposal Services Metropolitan State Hospital ATTN: General Services/Jennifer Moon Administration Building, 3 rd Floor South Bloomfield Avenue Norwalk, CA DO NOT OPEN 2. Bids not submitted under a sealed cover shall be rejected. A minimum of one (1) original and one (1) copy of the bid must be submitted. 3. All bids shall include the documents identified in Section V, Attachment 1 - Required Attachment Checklist. Bids not including the proper required attachments shall be deemed non-responsive. A non-responsive bid is one that does not meet the basic bid requirements. 4. All documents requiring a signature must bear an original signature of a person authorized to bind the bidding firm.

5 Bid Requirements and Information (Continued) California Department of Mental Health, Metropolitan State Hospital Page 5 of Mail delivery, hand delivery, or overnight delivery of bids should be addressed as defined in Section C - Submission of Bids, Item Bids must be submitted for the performance of all the services described herein. Any deviation from the work specifications will not be considered and shall cause a bid to be rejected. 7. A bid shall be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The State may reject any or all bids and may waive an immaterial deviation in a bid. The State s waiver of an immaterial defect shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the agreement. 8. Costs for developing bids and in anticipation of award of the agreement are entirely the responsibilities of the bidder and shall not be charged to the State of California. 9. An individual, who is authorized to bind the bidder contractually, shall sign the Bid/Bidder Certification Sheet. The signature should indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected. 10. A bidder may modify a bid, after its submission, by withdrawing its original bid and resubmitting a new bid prior to the bid submission deadline. Bidder modifications offered in any other manner, oral or written, will not be considered. 11. A bidder may withdraw their bid proposal by submitting a written withdrawal request to MSH Contract Office, signed by the bidder or an authorized agent. A bidder may thereafter submit a new bid prior to the bid submission deadline. Bids may not be withdrawn without cause, subsequent to bid submission deadline. Withdrawn bids shall be returned only at the bidder s expense, unless such expense is waived by the awarding agency. 12. The awarding agency may modify the IFB, prior to the date fixed for submission of bids, by the issuance of an addendum to all parties who received a bid package. 13. The awarding agency reserves the right to reject all bids. The agency is not required to award an agreement. 14. Before submitting a response to this solicitation, bidders should review, correct all errors, and confirm compliance with the IFB requirements. 15. Where applicable, bidder must carefully examine work sites and specifications. Bidder shall investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered. No additions or increases to the agreement amount will be made due to a lack of careful examination of work sites and specifications. 16. The State does not accept alternate contract language from a prospective contractor. A bid with such language will be considered a counter proposal and will be rejected. The State s General Terms and Conditions (GTC) are not negotiable. 17. No oral understanding or agreement shall be binding on either party. D. Evaluation and Selection: 1. At the time of the bid opening, each bid will be checked for the presence or absence of required information in conformance with the submission requirements of this IFB. 2. The State will evaluate each bid to determine its responsiveness to the published requirements. 3. Bids that contain false or misleading statements, or which provide references, which do not support an attribute or condition claimed by the bidder, may be rejected.

6 Bid Requirements and Information (Continued) California Department of Mental Health, Metropolitan State Hospital Page 6 of Award if made, will be to the lowest responsive bidder. E. Award and Protest: 1. Whenever an agreement is awarded under a procedure, which provides for competitive bidding, but the agreement is not to be awarded to the low bidder, the low bidder shall be notified by telegram, electronic facsimile transmission, overnight courier, or personal delivery five (5) working days prior to the award of the agreement. 2. Upon written request by any bidder, notice of the proposed award shall be posted in a public place in the office of the awarding agency at least five (5) working days prior to awarding the agreement. 3. If any bidder, prior to the award of agreement, files a written protest with the California Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA and Metropolitan State Hospital, Contracts Unit, South Bloomfield Avenue, Norwalk, CA on the grounds that the (protesting) bidder is the lowest responsive responsible bidder, the agreement shall not be awarded until either the protest has been withdrawn or the California Department of General Services has decided the matter. 4. Within five (5) days after filing the initial protest, the protesting bidder shall file with the California Department of General Services and the awarding agency a detailed written statement specifying the grounds for the protest. The written protest must be sent to the California Department of General Services, Office of Legal Services, 707 Third Street, 7 th Floor, Suite 7-330, West Sacramento, California A copy of the detailed written statement should be mailed to the awarding agency. It is recommended that any protest be submitted by certified or registered mail. F. Disposition of Bids: Upon bid opening, all documents submitted in response to this IFB will become the property of the State of California, and will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and subject to review by the public. G. Agreement Execution and Performance 1. Performance shall start not later than on the expressed date set by the awarding agency and the Contractor, after all approvals have been obtained and the agreement is fully executed. Should the Contractor fail to commence work at the agreed upon time, the awarding agency, upon five (5) days written notice to the Contractor, reserves the right to terminate the agreement. In addition, the Contractor shall be liable to the State for the difference between Contractor's bid price and the actual cost of performing work by the second lowest bidder or by another contractor. 2. All performance, under the agreement, shall be completed on or before the termination date of the agreement. 3. Contractor shall agree to all security provisions when the performance of work takes place on any State Hospital grounds. IV. Preference Programs A. Small or Micro Business Preference 1. Bidders that are certified as a small business in California are encouraged to apply. As an incentive, state law allows certified small business (SB) and microbusiness (MB) firms as well as non-small businesses, who subcontract with a certified SB/MB firm, to receive a bidding preference in applicable state solicitations. The effect of the preference is to help SBs/MBs be more competitive in the bid process, thereby enhancing state contract awards directly and indirectly to SB/MB. The preference is only used for computation purposes to determine the winning bidder; the contract is awarded at the actual bid amount. An explanation of on-line

7 Preference Programs (Continued) California Department of Mental Health, Metropolitan State Hospital Page 7 of 37 small business certification, information on how to become certified as a small business, and other related information can be found on the internet. 2. Under the California s Prompt Payment Act and in relation to business conducted with the state, Californiacertified small businesses and recognized nonprofit organizations are entitled to have their properly executed and undisputed invoice handled promptly for payment. When such invoice is not paid within 45 days, these firms are also entitled to receive greater interest penalty payments. B. Other Preference Programs Additional preference programs exist for business enterprise zone and military base closure areas in accordance with the Target Area Contract Preference Act (TACPA), Local Agency Military Base Recovery (LAMBRA) Act, and the Enterprise Zone Act (EZA). For information regarding these programs, please go to the following website: C. Disabled Veteran Business Enterprise (DVBE) Program Requirements 1. The State hereby waives the mandatory DVBE participation requirement. However, the State is committed to achieving legislatively established goals for the participation of DVBEs in all state contracting and seeks to use verified DVBE business whenever possible. Therefore, the State requests your voluntary participation in reporting any certified DVBEs, including yourself, that will be used in the performance of this Agreement. 2. An incentive is offered to those who achieve the following DVBE participation goals. The percentage will be calculated based on the lowest responsive bid. The DVBE Incentive will be given according to the following scale to those bidders who meet or exceed the requirements and complete Attachment 8: Confirmed DVBE Participation Incentive Amount 5% and over 5% 4%-4.99% 4% 3%-3.99% 3% 3. Attachment 8 is NOT mandatory in this bid package. V. Required Attachments Refer to the following pages for additional Required Attachments that are a part of this solicitation.

8 California Department of Mental Health, Metropolitan State Hospital Page 8 of 37 ATTACHMENT 1 REQUIRED ATTACHMENT CHECKLIST Bidder Name: A complete bid or bid package will consist of the items identified below. Complete this checklist to confirm the items in your bid. Place a check mark or X next to each item that you are submitting to the State. For your bid to be responsive, all required attachments must be returned. This checklist must be returned with your bid package. (X) Attachment No. Attachment Name/Description Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5 Attachment 6 Attachment 7 Required Attachment Checklist Bid/Bidder Certification Sheet Cost Sheet Bidder References Statement of Qualifications Bidder Declaration Form Darfur Contracting Act Certification Attachment 8 Disabled Veteran Business Enterprise Participation Program Requirements Attachment 9 Contractor Certification Clauses (CCC 307) Attachment 10 Payee Data Record (STD 204) Other Attachments License(s), Certificate(s), etc. required by Bidder Minimum Qualifications (Section II, Page 3)

9 California Department of Mental Health, Metropolitan State Hospital Page 9 of 37 ATTACHMENT 2 BID/BIDDER CERTIFICATION SHEET This Bid/Bidder Certification Sheet must be signed and returned along with all the "required attachments" as an entire package, in duplicate, with original signatures. The bid must be transmitted in a sealed envelope in accordance with IFB instructions. NOTE: Do not return Section III, Bid Requirements and Information nor the Sample Agreement at the end of this IFB. By signing below, I certify: A. My all-inclusive bid is submitted as detailed in Attachment 3, Cost Sheet. B. All required attachments are included with this Certification Sheet. C. I have reviewed the Bidder Instructions (GSPD-451) at: D. The signature affixed hereon and dated certifies compliance with all the requirements of this bid document. The signature below authorizes the verification of this certification. An Unsigned Bid/Bidder Certification Sheet May Be Cause For Rejection 1. Company Name 2. Telephone Number 3. Address (street number/state/zip code) ( ) 2a Fax Number ( ) Indicate your organization type: 4. Sole Proprietorship 5. Partnership 6. Corporation Indicate the applicable employee and corporation number: 7. Federal Employee ID No. (FEIN): 8. California Corporation No. 9. Indicate applicable license and/or certification information: 10. Bidder s Name (Print) 11. Title 12. Signature: 13. Date 14. Are you certified with the Department of General Services, Office of Small Business Certification and Resources (OSDS) as a: a. California Small Business No Yes b. Disabled Veteran Business Enterprise No Yes If yes, enter certification number: If yes, enter your service code number: NOTE: A copy of your Certification is required to be included if either of the above items is checked Yes. Date application was submitted to OSDS, if an application is pending:

10 California Department of Mental Health, Metropolitan State Hospital Page 10 of 37 COMPLETION INSTRUCTIONS FOR BID/BIDDER CERTIFICATION SHEET Complete the items on the Official State Bid Form/Bidder Certification Sheet by following the instructions below. Item No. Instructions 1, 2, 2a, 3 Must be completed. Item is self-explanatory. 4 Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one person owns all the assets of the business in contrast to a partnership or corporation. The sole proprietor is solely liable for all the debts of the business. 5 Check if your firm is a partnership. A partnership is a voluntary agreement between two or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them. An association of two or more persons to carry on, as co-owners, a business of profit. 6 Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals. 7. Enter your federal employee tax identification number or Social Security Number if your firm is a sole proprietorship. 8. Enter your corporation number assigned by the California Secretary of State s Office. This information is used for checking if a corporation is in good standing and qualified to conduct business in California. 9. Complete, if applicable, by indicating the type of license and/or certification that your firm possesses and that is required for the type of services being procured. 10, 11, 12, 13 Must be completed. Items are self-explanatory. 14 If certified as a Small Business Enterprise, place a check in the YES box, and enter your certification number on the line. If certified as a Disabled Veterans Business Enterprise, place a check in the YES box and enter your service code on the line. If you are not certified to one or both, place a check in the NO box(es). If your certification is pending, enter the date your application was submitted to OSDS.

11 California Department of Mental Health, Metropolitan State Hospital Page 11 of 37 ATTACHMENT 3 COST SHEET Description Quantity Unit Rate Quantity Unit Total Amount for the FY 2011/2012 Fiscal Year (July 1, 2011 through June 30, 2012) Biohazardous Waste Pick-up 850 pounds x x 12 months = Pharmaceutical Waste Pick-up 100 pounds x x 12 months = 2012/2013 Fiscal Year (July 1, 2012 through June 30, 2013) Biohazardous Waste Pick-up 850 pounds x x 12 months = Pharmaceutical Waste Pick-up 100 pounds x x 12 months = Grand Total The cost sheet listed above is based on an estimated volume of services, to be provided by Contractor, and is not binding on the contracting agency. The estimated volume of services is not a guarantee, neither expressed nor implied, on the actual volume of monthly services that shall be required for this contract.

12 California Department of Mental Health, Metropolitan State Hospital Page 12 of 37 ATTACHMENT 4 BIDDER REFERENCES 1. List below three references for services performed within the last five (5) years, which are similar to the scope of work to be performed in the contract. If the Contractor has previously worked for any State Agency within the last five (5) years, this agency must be listed as a reference. 2. References will be contacted to verify work experience. The bidder may be deemed non-responsive if a poor reference is received, or if the reference is not for work similar to the scope of work defined in the Sample Agreement, Exhibit A Scope of Work. REFERENCE 1 Name of Firm Street Address City State Zip Code Contact Person Telephone Number Dates of Service Brief Description of Service Provided Value or Cost of Service REFERENCE 2 Name of Firm Street Address City State Zip Code Contact Person Dates of Service Brief Description of Service Provided Telephone Number Value or Cost of Service REFERENCE 3 Name of Firm Street Address City State Zip Code Contact Person Telephone Number Dates of Service Value or Cost of Service Brief Description of Service Provided

13 California Department of Mental Health, Metropolitan State Hospital Page 13 of 37 ATTACHMENT 5 STATEMENT OF QUALIFICATIONS Explain why you believe your firm is qualified to perform the work described in this bid. Address your experience in response to the Bidder Minimum Qualifications referenced in Section II of this IFB.

14 California Department of Mental Health, Metropolitan State Hospital Page 14 of 37 ATTACHMENT 6 BIDDER DECLARATION FORM (GSPD ) All bidders must complete the Bidder Declaration Form (GSPD ) and include it with the bid response. The Bidder Declaration Form can be found at: If you do not have internet access, please contact Jennifer Moon at (562)

15 California Department of Mental Health, Metropolitan State Hospital Page 15 of 37 ATTACHMENT 7 DARFUR CONTRACTING ACT CERTIFICATION Public Contract Code Sections applies to any company that currently or within the previous three years has had business activities or other operations outside of the United States. For such a company to bid on or submit a proposal for a State of California contract, the company must certify that it is either a) not a scrutinized company; or b) a scrutinized company that has been granted permission by the Department of General Services to submit a proposal. If your company has not, within the previous three years, had any business activities or other operations outside of the United States, you do not need to complete this form. OPTION #1 - CERTIFICATION If your company, within the previous three years, has had business activities or other operations outside of the United States, in order to be eligible to submit a bid or proposal, please insert your company name and Federal ID Number and complete the certification below. I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that a) the prospective proposer/bidder named below is not a scrutinized company per Public Contract Code 10476; and b) I am duly authorized to legally bind the prospective proposer/bidder named below. This certification is made under the laws of the State of California. Company/Vendor Name (Printed) Federal ID Number By (Authorized Signature) Printed Name and Title of Person Signing Date Executed Executed in the County and State of OPTION #2 WRITTEN PERMISSION FROM DGS Pursuant to Public Contract Code section 10477(b), the Director of the Department of General Services may permit a scrutinized company, on a case-by-case basis, to bid on or submit a proposal for a contract with a state agency for goods or services, if it is in the best interests of the state. If you are a scrutinized company that has obtained written permission from the DGS to submit a bid or proposal, complete the information below. We are a scrutinized company as defined in Public Contract Code section 10476, but we have received written permission from the Department of General Services to submit a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of the written permission from DGS is included with our bid or proposal. Company/Vendor Name (Printed) Federal ID Number Initials of Submitter Printed Name and Title of Person Initialing

16 California Department of Mental Health, Metropolitan State Hospital Page 16 of 37 ATTACHMENT 8 DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION PROGRAM REQUIREMENTS DVBE participation program requirements are NOT mandatory in this bid package. The bidder s proposal may contain the completed forms from DGS website depending on the option chosen for Disabled Veteran Business Enterprise (DVBE) participation. A. DVBE Incentive Option without the DVBE Program Requirement 1. In accordance with section 999.5(a) of the Military and Veterans Code, an incentive will be given to bidders who provide DVBE participation. For evaluation purposes only, the State shall apply an incentive to bids that propose California certified DVBE participation as identified on the Bidder Declaration Form (GSPD ) and confirmed by the State. The DVBE Incentive will be given according to the following scale to those bidders who meet or exceed the requirements: Confirmed DVBE Participation Incentive Amount 5% and over 5% 4% -4.99% 4% 3%-3.99% 3% 2. The incentive will be calculated based on low price. The net bid price of responsive bids will be reduced (for evaluation purposed only) by the amount of the DVBE incentive as applied to the lowest responsive bid net price. If the #1 ranked responsive, responsible bid is a California certified small business, the only bidders eligible for the incentive will be the California certified small businesses. The incentive adjustment for awards based on low price cannot exceed 5% or $100,000.00, whichever is less, of the #1 ranked net bid price. When used in combination with a preference adjustment, the cumulative adjustment amount cannot exceed $100, B. All bidders who would like to be considered for the DVBE incentive must complete the Bidder Declaration Form (GSOD ) and include it with the bid response. The Bidder Declaration Form can be found at: C. To receive the DVBE incentive, the bidder must do at least one of the following: 1. Be a certified DVBE bidder. As a certified DVBE bidder, the bidder must commit to performing at lease 3% of the contract bid amount with the prime bidder s firm or in combination with another DVBE. All DVBE participation must be documented on the Bidder Declaration Form (GSPD ). In addition, the DVBE bidder shall submit the Disabled Veteran Business Enterprise Declaration (STD 843). All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign the form(s). The form can be found at: and must be included with the bid response.

17 California Department of Mental Health, Metropolitan State Hospital Page 17 of 37 DVBE PARTICIPATION PROGRAM REQUIREMENTS (CONTINUED) 2. Commit to using certified DVBEs and meet the contract goal of 3% of the combined total cost. At the time that a bidder submits the final proposal, the bidder will have calculated the dollar value of the total cost proposed in response to the requirements of this IFB. For this reason, if the bidder claimed to meet the DVBE goal, the bidder shall identify all subcontractors proposed for participation in the contract, the actual dollar figure, and the percentage (3% or more of the combined total cost shown on the Cost Sheet, representing the rate of participation for each proposed DVBE Subcontractor). This data shall be identified on the Bidder Declaration Form (GSPD ) and submitted with the bidder s completed bid package. 3. Information submitted by the bidder to claim the DVBE incentive will be verified by the State. Only the DVBEs who shall perform a commercially useful function relevant to the Scope of Work included in this IFB may be used to qualify the bidder for a DVBE incentive. For more information regarding the DVBE incentive, commercially useful function definition, and how to locate DVBEs, please view the following website:

18 California Department of Mental Health, Metropolitan State Hospital Page 18 of 37 ATTACHMENT 9 CONTRACTOR CERTIFICATION CLAUSES (CCC - 307) The Contractor Certification Clauses Form (CCC - 307) is available at the following website: If you do not have internet access, please contact Jennifer Moon at (562) THE REST OF THIS PAGE IS BLANK

19 California Department of Mental Health, Metropolitan State Hospital Page 19 of 37 ATTACHMENT 10 PAYEE DATA RECORD (STD 204) The Payee Data Record (STD 204) is available at the following website: If you do not have internet access, please contact Jennifer Moon at (562) THE REST OF THIS PAGE IS BLANK

20 California Department of Mental Health, Metropolitan State Hospital Page 20 of 37 VI. Sample Contract STATE OF CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 06/03) AGREEMENT NUMBER REGISTRATION NUMBER 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME California Department of Mental Health - Metropolitan State Hospital CONTRACTOR'S NAME 2. The term of this Agreement is: 3. The maximum amount of this Agreement is: 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. Exhibit A Scope of Work 4 pages Exhibit B Budget Detail and Payment Provisions 1 page Exhibit C* General Terms and Conditions GTC 610 Check mark one item below as Exhibit D: Exhibit - D Special Terms and Conditions (Attached hereto as part of this agreement) Exhibit - D* Special Terms and Conditions Exhibit E Confidentiality and Information Security Provisions Exhibit F Insurance Requirements 6 pages 4 pages 2 pages Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto. 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.) California Department of General Services Use Only BY (Authorized Signature) PRINTED NAME AND TITLE OF PERSON SIGNING DATE SIGNED(Do not type) ADDRESS AGENCY NAME STATE OF CALIFORNIA California Department of Mental Health - Metropolitan State Hospital BY (Authorized Signature) DATE SIGNED(Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING Exempt per: SCM Volume 1, b ADDRESS South Bloomfield Avenue Norwalk, CA 90650

21 California Department of Mental Health - Metropolitan State Hospital Page 21 of 37 EXHIBIT A SCOPE OF WORK 1. Contractor agrees to provide to Metropolitan State Hospital biohazardous and pharmaceutical waste pick-up, transport, and disposal services. 2. The services shall be performed at Metropolitan State Hospital, South Bloomfield Avenue, Norwalk, CA Pick up and removal of waste shall be one (1) time per week, on Wednesday at the designate common storage area. If Wednesday is a state-observed holiday, the Contractor shall arrange the pick up for the following business day. Time of pick up shall be between the hours of 8:00 a.m. and 3:30 p.m. 4. The Contract Managers during the term of this agreement will be: State Agency: Name: Phone: Fax: Metropolitan State Hospital Contractor: Name: Phone: Fax: Direct All Inquiries To: State Agency: Metropolitan State Contractor: Hospital Section/Unit Contracts Office Section/Unit: Attention: Attention: Address: Address: Phone: Phone: Fax: Fax: 5. Contractor shall supply all personnel, labor, tools, supplies, materials, equipment, insurance, incidentals, a properly equipped service vehicle, and pay all taxes, permits, inspection fees, and transportation costs necessary to provide biohazardous and pharmaceutical waste pick-up, transport, and disposal services. 6. All services shall be performed in compliance with the California Health and Safety Code (CHSC), Sections , entitled Medical Waste Management Act (MWMA). 7. The Contractor shall be in environmental and regulatory compliance with all applicable agencies, including but not limited to, Joint Commission Environment of Care (Joint Commission), Department of Transportation (DOT), and the Environment Protection Agency (EPA). 8. Contractor must possess knowledge of employee health and safety with regard to the Federal and State Hazardous Communication Standards set forth in CFR ; GISO Section 5194; California Labor Code Sections ; and any other applicable local, state, or federal requirements. 9. Contractor shall handle and process the waste generated by the State in a manner that complies with all local, State, and Federal regulations governing the transportation and disposal of biohazardous and pharmaceutical waste. 10. State shall store waste in a manner and location that complies with all local, State and Federal regulations governing the storage of biohazardous and pharmaceutical waste. The storage of waste shall be confined to an area on the hospital grounds which only authorized personnel shall have access.

22 California Department of Mental Health - Metropolitan State Hospital Page 22 of 37 SCOPE OF WORK (Continued) 11. Contractor shall be properly licensed by the local, State, and Federal authorities to provide pick-up, transport, and disposal of biohazardous and pharmaceutical waste, throughout the term of the Agreement. 12. Types of Waste Generated A. Sharps Waste Sharps waste is defined as any device having acute rigid corners, edges or protuberances capable of cutting, piercing, including, but not limited to: Hypodermic needles, blades, needles with attached tubing, root canal files, broken glass items, Pastuer pipettes, blood vials contaminated with blood and other mechanical biohazardous devices. B. Biohazardous Waste Biohazardous waste is defined as microbiological specimens, waste containing excretions, exudate or secretions from humans or animals that are required to be in isolation. Laboratory waste containing human or animal specimen cultures, liquid blood or body fluids and culture dishes or devices used to transfer, inoculate and mix cultures. Wastes from the production of bacteria, cultures and stocks of infectious agents from research and industrial laboratories. Human and animal specimen cultures from medical and pathology laboratories. Waste that contains recognizable fluid blood or fluid blood products and containers or equipment containing fluid or blood that is from animals known to be infected with diseases known to be highly communicable to humans. C. Non-hazardous Pharmaceutical Waste Pharmaceutical waste is medications determined to be unusable (e.g. expired, recalled, deteriorated or damaged). D. MSH generates no medical waste, which contains recognizable human anatomical remains. E. MSH generates no mixed waste containing hazardous or radiological materials. F. MSH generates no pathological or chemotherapeutic wastes. 4. Biohazardous Containers A. Contractor shall provide approximately twelve (12), forty-four (44) gallon containers to be located as designated by the State. Contractor shall provide for the treatment of approximately eight hundred and fifty (850) pounds of infectious waste per month. Contractor will charge for infectious waste treatment by weight. Contractor shall invoice the State at a per pound rate for biohazardous waste handling and treatment. B. Contractor shall provide movable, leak proof, rodent-proof, plastic containers with tight fitting lids. Containers shall be identified as Contractor's and shall be kept clean and in good repair. Containers shall be labeled with the words "BIOHAZARDOUS WASTE" or with the international biohazard symbols and the word "BIOHAZARD" on all sides of the containers. 5. Pharmaceutical Waste Containers Contractor shall provide approximately twelve (12), forty-four (44) gallon gray containers or smaller to be located as designated by the State. Contractor shall provide for the treatment of approximately one hundred (100) pounds of pharmaceutical waste per month. Contractor will charge for pharmaceutical waste treatment by weight. Contractor shall invoice the State at a per pound rate for pharmaceutical waste handling and treatment.

23 California Department of Mental Health - Metropolitan State Hospital Page 23 of 37 SCOPE OF WORK (Continued) 6. Contractor shall have accurate scales to measure tare weights excluding the weight of the re-usable containers. Contractor shall also regularly monitor the scales to validate accuracy. 7. All waste containers will be transported to a common storage area by MSH. At each service, the plastic containers containing waste are to be picked up and replaced with clean, disinfected containers. The containers shall be secured with a lid, not stacked, and ready for use. 8. Additional containers shall be provided upon request, at no additional charge. 9. Contractor agrees that if any waste is not picked up as per schedule and the containers become overfilled and waste is spilled, Contractor shall clean area around containers in accordance with any applicable rules and regulations that apply. 10. All trucks collecting waste from the hospital grounds shall be identified as Contractor's and shall be maintained in such condition so as to preclude leakage of contents, oil, or grease on grounds. 11. Contractor shall check in and out and to obtain entrance to designated areas with the Contract Manager, every visit. 12. Contractor, performing services as the contracted Medical Waste Hauler, shall complete the tracking record, as described below, and provide a copy to MSH at each pick-up: A. Name, address, and telephone number of the Medical Waste Hauler B. Description of type and quantity of medical and pharmaceutical waste being transported C. Generator s Name D. Date and time of pick-up from MSH E. Name, address, telephone number, date, and signature of authorized representative of permitted treatment facility receiving MSH waste 13. All waste collected from MSH shall receive proper treatment prior to disposal and post disposal by the Contractor in accordance with all local, State, and Federal regulations. 14. Contractor shall ensure that Contractor s staff utilizes all personal protective equipment (PPE) required for the pick-up, transport, and disposal of all waste. 15. Contractor shall maintain in effect at all times, during the term of the Agreement, a valid Certificate of Insurance in accordance with State of California requirements as referenced in Exhibit F. 16. Contractor shall conduct its operations in such a manner as to avoid damage to MSH property or to adjacent property. If any such property is damaged by reason of the Contractor s operations, it shall be replaced or restored at the Contractor s expense and to the satisfaction of the Contract Manager. 17. Contractor and/or Contractor s staff shall cooperate with MSH security procedures and will perform all services specified in a safe and professional manner. Contractor s personnel shall be trained in safety measures to preclude accidents endangering MSH personnel, Patients/Individuals, and/or property. 18. Contractor and Contractor s service staff MUST be able to pass a background check with the State of California to be eligible for a contractor identification badge (ID). The ID badge will allow the Contractor to act as an independent service provider. Contractor and/or technicians shall submit to the background check within 5 business days upon execution of the contract. Failure to do so will result in termination of the contract.

24 California Department of Mental Health - Metropolitan State Hospital Page 24 of 37 SCOPE OF WORK (Continued) 19. All work shall be coordinated and approved by the MSH Contract Manager. In the event additional work is required, Contractor shall provide the Contract Manager with a written estimate for review and approval prior to commencing the work.

25 California Department of Mental Health - Metropolitan State Hospital Page 25 of 37 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS 1. Invoicing and Payment A. For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified in section 5 Budget Detail. B. Invoices shall be submitted not more frequently than monthly in arrears. 2. Instruction to the Contractor Invoices for services to be paid by MSH must be submitted in duplicate within forty-five (45) days after the services were performed and shall include the MSH Agreement Number, Date of Services Performed, Description of Services Provided, Itemization of Costs, and Total Amount Due. Invoice(s) shall be submitted to: 3. Budget Contingency Clause Metropolitan State Hospital ATTN: ACCOUNTING/Accounts Payable South Bloomfield Avenue Norwalk, CA A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be invalid and of no further force and effect. In this event, the State shall have no further liability to pay any funds whatsoever to the Contractor or to furnish any other considerations under this Agreement, and the Contractor shall not be obligated to perform any provisions of this Agreement. B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to the Contractor to reflect the reduced amount. C. If this Agreement overlaps Federal and State fiscal years, and should funds not be appropriated by Congress and approved by the Legislature for the fiscal year(s) following that during which this Agreement was executed, the State may exercise its option to cancel this Agreement. D. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by Congress or the Legislature which may affect the provisions or terms of funding of this Agreement in any manner. 4. Prompt Payment Clause Payment will be made in accordance with, and within the time specified in Government Code Chapter 4.5, commencing with Section Budget Detail Budget Detail will be Attachment 3 Cost Sheet as submitted by the Contractor.

26 California Department of Mental Health - Metropolitan State Hospital Page 26 of 37 EXHIBIT D SPECIAL TERMS AND CONDITIONS 1. Subcontracts Except for subcontracts identified in the proposal in accordance with the Request for Proposal or Invitation for bid, Contractor shall submit any subcontracts which are proposed to be entered into in connection with this Contract to the State Agency (State) for its prior written approval before entering into the same. No work shall be subcontracted without the prior written approval of the State. Upon the termination of any subcontract, State shall be notified immediately. Any subcontract shall include all the terms and conditions of this Contract and its attachments. 2. Publications and Reports A. The State reserves the right to use and reproduce all publications, reports, and data produced and delivered pursuant to this Contract. State further reserves the right to authorize others to use or reproduce such materials, provided the author of the report is acknowledged in any such use or reproduction. B. If the publication and/or report are prepared by non-employees of the State, and the total cost for such preparation exceeds $5,000, the publication and/or report shall contain the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of the publication and report in a separate section of the report (Government Code Section 7550). 3. Progress Reports If progress reports are required by the Contract, Contractor shall provide a progress report in writing, or orally if approved by the State Contract Manager, at least once a month to the State Contract Manager. This progress report shall include, but not limited to, a statement that the Contractor is or is not on schedule, any pertinent reports, or interim findings. Contractor shall cooperate with and shall be available to meet with the State to discuss any difficulties, or special problems, so that solutions or remedies can be developed as soon as possible. 4. Presentation Upon request, Contractor shall meet with the State to present any findings, conclusions, and recommendations required by the Contract for approval. If set forth in the Contract, Contractor shall submit a comprehensive final report for approval. Both the final meeting and the final report shall be completed on or before the date indicated in the Contract. 5. Department of Mental Health Staff Department of Mental Health staff shall be permitted to work side by side with Contractor s staff to the extent and under conditions as directed by the State Contract Manager. In this connection, Department of Mental Health staff shall be given access to all data, working papers, etc., which Contractor seeks to utilize. 6. Confidentiality of Data and Documents A. Contractor shall not disclose data or documents or disseminate the contents of the final or any preliminary report without written permission of the State Contract Manager. However, all public entities shall comply with California Public Records Act (Government Code Sections 6250 et seq.) and the Freedom of Information Act (Title 5 of the United States Code Section 552), as applicable. B. Permission to disclose information or documents on one occasion shall not authorize Contractor to further disclose such information or documents on any other occasions except as otherwise provided in the Contract or required by law.