15ASD009_IFB.pdf

Matthew Rodriquez Secretary for

Environmental Protection

The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. For a list of simple ways you can reduce demand and cut your energy costs, see our website: http://www.arb.ca.gov.

California Environmental Protection Agency

Printed on Recycled Paper

Air Resources Board

Mary D. Nichols, Chair 1001 I Street • P.O. Box 2815

Sacramento, California 95812 • www.arb.ca.gov Edmund G. Brown Jr.

Governor

INVITATION FOR BID

Notice to Prospective Bidders IFB No. 15ASD009

February 4, 2016

You are invited to review and respond to this Invitation for Bid (IFB) No. 15ASD009, entitled, “Chair and Furniture Repair and Cleaning Services.” In submitting your bid, you must comply with the instructions found herein.

This IFB is published online in the California State Contracts Register (CSCR) at https://caleprocure.ca.gov/pages/index.aspx. To ensure receipt of any addenda that may be issued, interested parties are encouraged to register online at: https://caleprocure.ca.gov.

The Air Resources Board (ARB) deadline for receipt of bids is February 25, 2016 no later than 3:00 p.m. Neither late received, nor faxed or emailed bids are acceptable. All late, faxed, and emailed bids will be rejected and returned to the potential bidder. Sealed bids must be received on or before the date and time specified herein at the following location:

Mailing and Street Address:

Contract Services Section Attn: Cathy Wieser 1001 I Street, 20th Floor Sacramento, CA 95814

You are advised that you are responsible for ensuring that your bid is received by the above listed contact person by the time and date required. Any bid reaching the contact person after the deadline date and time will be returned unopened.

In the opinion of the ARB, this IFB is complete and without need of explanation. However, if you have questions, notice any discrepancies or inconsistencies, or need any clarifying information, the contact person for this IFB is listed below. All questions must be submitted in accordance with the IFB instructions contained herein and sent via email directly to the below listed contact person and not through the Cal eProcure system.

Contact: Cathy Wieser Phone: (916) 322-8202 Email: cwieser@arb.ca.gov

We appreciate your interest in this project and hope to receive a bid from you if this is within your area of expertise.

http://www.arb.ca.gov/ https://caleprocure.ca.gov/pages/index.aspx https://caleprocure.ca.gov/

TABLE OF CONTENTS

SECTION PAGE

I. SCOPE OF WORK

II. BID INSTRUCTIONS AND INFORMATION

A. Responsive and Responsible Bidder B. IFB Key Action Dates

C. Submission of Bid

D. Bid Submission Withdrawal

E. Bidder Responsibilities

F. Minimum Bidder Qualifications

G. Bid Rejection

H. Signature

I. Bid Opening and Evaluation

J. Disposition of Bids

K. Selection and Award

L. Standard Conditions of Service

M. Socio-Economic and Preference Programs

N. Darfur Contracting Act Certification

O. Iran Contracting Act Certification

DRAFT STANDARD AGREEMENT

Standard Agreement (STD 213) Exhibit A – Scope of Work

Exhibit B – Budget Detail and Payment Provisions

Exhibit B – Attachment 1

Exhibit D – Special Terms and Conditions

Exhibit E – Additional Provisions

ATTACHMENTS

1. Required Attachment Checklist

2. Bid/Bidder Certification Sheet

3. Contractor Rate Sheet

4 Bidder References

5 Payee Data Record (STD 204)

6. Contractor Certification Clauses (CCC 307)

7. Bidder Declaration (GSPD-05-105)

8. DVBE Bid Incentive Instructions

9. Darfur Contracting Act Certification

10. Iran Contracting Act Certification

I. SCOPE OF WORK

The Air Resources Board (ARB) is seeking a Contractor to perform chair cleaning, repair, reupholstering, and refurbishing and furniture repair services for the ARB in the Sacramento, California area. Contractor shall furnish, at no additional cost to the State, all labor, materials, supplies, transportation, and equipment to perform the services.

More detailed information can be found in Draft Standard Agreement, Exhibit A, Scope of Work (SOW).

ARB’s budget for this project is $25,000. Bids exceeding this amount shall be deemed non responsive and ineligible for award. Contract term shall be for two (2) years.

II. BID INSTRUCTIONS AND INFORMATION

This section contains instructions for the organization and timely submission of your bid.

It also contains the bid requirements and other important information crucial for submittal of a responsive and responsible bid. It is the responsibility of the bidder to carefully read and follow all bid requirements within this Invitation for Bid (IFB). Compliance with the IFB instructions is mandatory for your bid to be considered for award. Failure to comply with the IFB instructions will cause your bid to be deemed non-compliant and non-responsive, thus, ineligible for award.

Please read and carefully follow the instructions listed in the following sections. The instructions are separated by category, each with its own requirements and necessary information for submission of a timely and responsive bid. All requirements and specifications in the IFB must be responded to, and all requested data must be supplied for a bid to be considered responsive.

A. Responsive and Responsible Bidder

1. Responsive and Responsible

Bids and Bidders must meet all of the minimum qualification requirements stated in the IFB. Each bid will first be reviewed to ensure the following items: bid is received by date and time specified; bid contains all the required documents (see Attachment 1, Required Attachment Checklist); and that the bid meets the format requirements specified. A responsive bid from a responsible Bidder is one that meets the definitions as stated below.

a. Definition of Responsive/Compliant Bid:

A Bidder’s solicitation response must be compliant with solicitation requirements without material deviation from the terms and conditions of the proposed contract.

A non-responsive bid is one that does not meet the requirements stated in the IFB; fails to provide all required documents/ attachments or deviates substantially from requirements. A bid that changes the terms and conditions of the IFB or the proposed contract provisions will be considered as a counterbid and will be rejected as non-responsive.

b. Definition of Responsible Bidder/Bidder:

The question of whether a particular Bidder is responsible involves an evaluation of the Bidder and other factors existing at the time of evaluation. If it is determined that you are not a responsible Bidder, your bid will be rejected.

In determining whether a Bidder is a responsible Bidder, ARB requires Bidder(s) to submit evidence of their qualifications at such times, and under such conditions, as required. See Attachment 1, Required Attachment Check List.

B. IFB Key Action Dates

Below is the tentative time schedule for this IFB. The ARB reserves the right to modify the IFB and/or change the date and time at its sole discretion, prior to the date fixed for submission of bids, by the issuance of an addendum to all parties who received a bid package.

1. ARB reserves the right to modify or cancel in whole or part of its solicitation.

2. Clarifications to bid will be given only in the form of addenda to all bidders.

Time Schedule Date Time

IFB Posted on Cal eProcure February 4, 2016 N/A

Deadline for Submission of Written Questions February 10, 2016 4:00 p.m.

Responses to Questions Posted February 16, 2016 3:00 p.m.

Bid Submission Due / Opening of Bids February 25, 2016 3:00 p.m.

Estimated Contract Start Date March 1, 2016 N/A

Dates listed above are estimates only and subject to change at ARB’s discretion. The estimated start date shall not be considered as the actual start date of the contract. No work shall begin until all required approvals and signatures are obtained.

Written questions must be submitted via electronic mail by the date indicated in Section II.B., IFB Key Action Dates. All written questions received prior to the date indicated for the Written Questions Deadline will be answered in the form of an addendum and posted online at https://caleprocure.ca.gov. Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum to all parties/participants.

If you have questions or should need any clarifying information, the contact person for this IFB is:

Contact Cathy Wieser Tel: (916) 322-8202

Email: cwieser@arb.ca.gov https://caleprocure.ca.gov/

C. Submission of Bid

1. All bids RECEIVED by ARB must be submitted under sealed cover and sent to ARB by the dates and times shown in the time schedule in Section II.B., “IFB Key Action Dates.” The sealed envelope must be plainly marked “BID” with “DO NOT OPEN” on the front. The IFB number and title must also be prominent.

The Envelope must show your firm name and address as shown in the following example:

IFB 15ASD009 BID: DO NOT OPEN

Air Resources Board Contract Services Section Attn: Cathy Wieser

Bids not submitted under sealed cover may be rejected. A minimum of two (2) copies of the bid packet must be submitted. Bidders may not submit multiple Cost Worksheets. Multiple Cost Worksheets from a bidder will cause the bidder’s offer to be rejected.

2. Entire bid package must be received by the date and time as stated in the time schedule in Section II.B, “IFB Key Action Dates.” Entire bid package means all pages, documentation, or other required materials. As a convenience the “Required Attachment Checklist”, Attachment 1, is provided as a guide to aid the bidder in complying with this IFB. Failure to comply with IFB requirements and instructions may cause your bid to be deemed non-responsive, thus, ineligible for award.

3. Time of delivery is of the essence and must be adhered to. Any bid received after the due date and time as outlined in the time schedule in Section II.B., “IFB Key Action Dates” will be rejected by ARB as not complying with a mandatory requirement of this IFB. NOTE: Postmark time is NOT acceptable.

4. Mail or deliver bids to the following address:

Contract Services Section Attn: Cathy Wieser

D. Bid Submission Withdrawal

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.

E. Bidder Responsibilities

1. Before submitting a response to this solicitation, bidders should review, correct all errors, and confirm compliance with the IFB requirements.

2. Costs incurred for developing bids and in anticipation of award of the agreement are entirely the responsibility of the bidder and shall not be charged to ARB. This includes, but is not limited to: delivery, drayage, express, parcel post, packing, cartage, insurance, license fees, permits, cost of bonds, any and all travel related expenses incurred in the performance of completing the bid for submittal; or for any other purpose unless expressly included and itemized in the bid solicitation.

3. Prior to submission of bid, bidder shall examine any specifications and instructions or other materials required and included in the bid package to ensure that they meet all the requirements stated in this IFB.

4. It is the bidder’s responsibility to promptly notify the ARB Contract Analyst identified in the solicitation, by phone, letter, email, or visit, if the bidder believes that the solicitation is unfairly restrictive, contains errors or conflicting language, or needs clarification. Such notification must be submitted no later than 72 hours prior to bid opening date and time. All such correspondence received after the 72 hour deadline will not be considered and deemed ineligible for review and/or response from ARB.

5. Bidder must complete and submit Cost Sheet, Attachment 3. Submission of this attachment is mandatory. Failure to fully complete and return attachment with your bid will cause your bid to be rejected and deemed non-responsive.

6. References must be provided using Bidder References Form, Attachment 4.

Submission of this attachment is mandatory. Failure to fully complete and return this attachment with your bid may cause your bid to be rejected and deemed non-responsive.

7. Bidder must complete and submit to ARB, the Payee Data Record (STD 204), Attachment 5, to determine if the selected bidder is subject to State income tax withholding, pursuant to California Revenue and Taxation Code, Section 18662. This form can be found on the Internet at www.osp.dgs.ca.gov under the “forms” link.

Contract payment cannot be made unless a completed STD 204 has been returned to

ARB.

8. Bidder is responsible for reviewing, reading, understanding, and complying in full with the State’s General Terms and Conditions along with the Contractor Certification Clauses (CCCs) at: www.dgs.ca.gov/ols. The bidder must sign and return CCCs, Attachment 6.

9. The bidder must be an individual or firm licensed to do business in California and shall obtain at his/her expense all license(s) and permit(s) required by law for accomplishing any work required in connection with this Agreement.

10. The bidder must own and operate a legitimate business. If the bidder is a corporation, said corporation must be registered in the State of California to operate said business in the State and be a corporation in good standing with the Secretary of State. All businesses must be registered with the Secretary of State or appropriate State jurisdiction prior to date of contract award. Evidence of registration will be from the Secretary of State’s website: http://kepler.sos.ca.gov/ http://www.dgs.ca.gov/ols http://kepler.sos.ca.gov/

All business entities doing business within the State and not operating as a corporation or partnership must be registered with the appropriate jurisdiction (county or city). All businesses not registered with the appropriate jurisdiction, or with the Secretary of State, prior to award date will be deemed non-responsive and ineligible for contract award.

11. In the event that any license(s) and/or permit(s) expire at any time during the term of this agreement, bidder agrees to provide agency a copy of the renewed license(s) and/or permit(s) within 30 days following the expiration date. In the event the bidder fails to keep in effect at all times all required license(s) and permit(s), the State may, in addition to any other remedies it may have, terminate this Agreement upon occurrence of such event.

F. Minimum Bidder Qualifications

The Bidder must provide a detailed response, outlining information as to how the Bidder meets each of the minimum qualifications. Bids that do not meet the minimum qualifications will be determined non-responsive and ineligible for award.

At least three (3) consecutive years of experience of the types listed below. All experience must have occurred within the past five (5) years. It is possible to attain the experience types listed below during the same period. Bidders must have the experience in:

1. All aspects of chair repairs including mechanisms and frame repair.

2. Upholstery skills for leather, plastics, vinyl, and mesh.

3. Cleaning of all upholstery types.

4. Furniture repairs including, but not limited to, wood and metal touch up paint, wood stain/putty and shelving dowels.

The Bidder must submit documentation of relevant experience and include résumé(s).

G. Bid Rejection

1. Bids must be submitted for the performance of all the services described herein. Any deviation from the work specifications will not be considered and will cause a bid to be rejected.

2. Bids must be completed in all respects as required by the IFB. A bid will be rejected if it is conditional or incomplete, or if it contains any alterations of forms or other irregularities of any kind. The State may reject any or all bids and may waive any immaterial deviation in a bid. The State's waiver of immaterial defect shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements, if awarded the agreement. A bid must be rejected if any such defect or irregularity constitutes a material deviation from the IFB requirements.

3. ARB reserves the right to reject any or all bids for any reason. The agency is not required to award an agreement. Each bid will be checked in detail to determine its compliance to the IFB requirements. If a bid fails to meet any IFB requirements, ARB will determine if the deviation is material; a material deviation will cause rejection of the bid. A non-material deviation (errors in mathematical computation, spelling, etc.) will be examined to determine when the deviation is acceptable. If accepted, the bid will be processed as if no deviation had occurred.

4. Bids that contain false or misleading statements, or which provide references, which do not support an attribute or condition claimed by the bidder, will be rejected. If, in the opinion of the State, such information was intended to mislead the State in its evaluation of the bid, and the attribute, condition, or capability is a requirement of this IFB, it will be the basis for rejection of the bid.

5. Bids received past the date and time specified in the table in Section II.B., “IFB Key

Action Dates,” will be deemed non-responsive and rejected. Under no circumstances will any bids be accepted past the date and time stated in the table. All such bids received past the date and time will not be accepted.

H. Signature

1. An individual who is authorized to bind the bidding firm contractually shall sign the Bid/Bidder Certification Sheet, Attachment 2. The signature must indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected.

2. All documents requiring a signature must bear an original signature of a person authorized to bind the bidding firm and must be duly authorized to sign the contract/agreement if awarded the bid.

I. Bid Opening and Evaluation

1. The bids will be publicly opened and read promptly at the time and place indicated in the IFB, as stated in the table in Section II.B., “IFB Key Action Dates.”

2. A vendor’s bid must constitute an irrevocable offer for a period of at least 90 days following the scheduled date for contract award and execution.

3. ARB will put each bid through an administrative evaluation process pursuant to the published requirements to determine the bidder’s responsiveness to the IFB.

J. Disposition of Bids

Upon bid opening, all original documents submitted in response to this IFB will become the property of the State of California and ARB, and will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.).

K. Selection and Award

1. Award, if made, will be to the lowest responsive, responsible bidder.

2. 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 facsimile transmission, overnight courier, or personal delivery five (5) working days prior to the award of the agreement.

3. Bidders may protest the proposed award(s) by filing a notice of protest with the ARB and the DGS, Office of Legal Services. The Agreement(s) shall not be awarded until either the protest has been withdrawn or the State has decided the matter.

4. Proposed contractor will receive a fully executed contract with all necessary terms and conditions and exhibits/attachments. Proposed contractor should carefully read the entire contract and be sure to sign contract and all required documents.

5. Such award, if made, will be made within 60 days after opening of bids, if not sooner.

Contract shall be signed by bidder and returned within ten (10) working days of receipt. If lowest responsive, responsible bidder refuses or fails to execute the contract, ARB may award the contract to the next lowest responsive, responsible bidder.

6. Protest notices should contain full contact information, including a fax number, and must be filed with:

Contract Services Section Attention: Manager 1001 I Street, 20th Floor Sacramento, CA 95814 Phone Number: (916) 445-4845 Fax Number: (916) 327-2940

Department of General Services Office of Legal Services Attention: Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605 Phone Number: (916) 376-5080 Fax Number: (916) 376-5088

7. Within five (5) calendar days after filing the protest notice, the protesting Bidder shall file with DGS, Office of Legal Services and the Air Resources Board a detailed written statement specifying the grounds for the protest.

The Agreement shall not be awarded until either the protest has been withdrawn or the State has decided the matter.

L. Standard Conditions of Service

1. Services shall be available on the express 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. 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) and Contractor Certification Clauses (CCC) are not negotiable. The GTC and CCCs are included in the sample agreement attached to this package and may also be viewed at the Internet site:

www.dgs.ca.gov/ols under Standard Contract Language.

http://www.dgs.ca.gov/ols

1. The State does not negotiate rates and/or costs listed on any bid submitted.

5. No oral understanding or agreement shall be binding on either party. Any changes or alterations to the contract/agreement must be in writing and approved by both parties and/or Department of General Services’ Office of Legal Services, if required.

M. Socio-Economic and Preference Programs

1. Disabled Veteran Business Enterprise (DVBE) Incentive (Optional)

a. This solicitation does not require a minimum amount of Disabled Veteran Business Enterprises (DVBE) participation. However, you are strongly encouraged to either become certified, if eligible, or to subcontract a portion of the work to a certified DVBE.

If a prime bidder is a certified DVBE or commits to subcontracting with DVBE(s), it may be eligible to receive an incentive provided that the DVBE provides a commercially useful function as defined in California Code of Regulations, Title 2, Section 1896.61(l). For evaluation purposes only, the State shall apply an incentive to bids that propose California certified DVBE participation as identified on the Bidder Declaration (GSPD-05-105), Attachment 7, and confirmed by the State.

The incentive amount in the table below varies in conjunction with the percentage of DVBE participation in accordance with “California Disabled Veteran Business Enterprise (DVBE) Bid Incentive Instructions,” Attachment 8.

Confirmed DVBE Participation of: DVBE Incentive:

5% or Over 5%

4% to 4.99% inclusive 4%

3% to 3.99% inclusive 3%

2% to 2.99% inclusive 2%

1% to 1.99% inclusive 1%

2. Small Business or Microbusiness Preference (Optional)

a. If Bidder is claiming the 5% certified Small Business or micro business preference, or is committing to subcontract 25% or more of their net bid price to one of more Certified Small Businesses or microbusinesses, complete Bidder Declaration (GSPD-05-105), Attachment 7, and attach a copy of the certification.

Additional References: http://www.pd.dgs.ca.gov

Questions regarding the certification approval process or the Small Business program should be directed to the Department of General Services, Procurement Division at (800) 559-5529 or (916) 375-4940. For the 24-Hour Recording & Mail Request call (916) 322-5060.

Small business or micro business bidders or proposers using the non-small business preference shall be granted a preference consisting of 5% of the bid price of the lowest responsive, responsible bidder that is not a small business.

http://www.pd.dgs.ca.gov/

N. Darfur Contracting Act Certification (Mandatory Submittal)

Public Contract Code Sections 10475-10481 applies to any company that currently or within the previous three years has conducted business activities or other operations outside of the United States. For any contractor that submits a bid or proposal, the contractor must certify that it is either 1) not a scrutinized company; or 2) a scrutinized company that has been granted permission by the Department of General Services.

This form must be completed and submitted with your bid. See Darfur Contracting Act Certification, Attachment 9.

O. Iran Contracting Act (If Applicable)

Public Contract Code Sections 2202-2208 applies to any company that is submitting a bid for a contract for goods or services of $1,000,000 or more. See Iran Contracting Act Certification, Attachment 10.

STANDARD AGREEMENT

STD 213 (Rev 06/03) AGREEMENT NUMBER

15ASD009

REGISTRATION NUMBER

1. This Agreement is entered into between the State Agency and the Contractor named below:

STATE AGENCY'S NAME

Air Resources Board (ARB or State)

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 2 pages

Exhibit A, Attachment 1 - Locations 1 page

Exhibit B - Budget Detail and Payment Provisions 1 page

Exhibit B - Attachment 1- Contractor’s Rate Sheet 1 page

Exhibit C* - General Terms and Conditions (GTC-610) (online)

Exhibit D - Special Terms and Conditions 4 pages

Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.

These documents can be viewed at

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

CONTRACTOR California Department of General Services Use Only

CONTRACTOR’S NAME (if other than an individual, state whether a corporation, partnership, etc.)

BY (Authorized Signature)

DATE SIGNED(Do not type)

PRINTED NAME AND TITLE OF PERSON SIGNING

ADDRESS

STATE OF CALIFORNIA

AGENCY NAME

BY (Authorized Signature)

DATE SIGNED(Do not type)

PRINTED NAME AND TITLE OF PERSON SIGNING Exempt per:

ADDRESS

1001 I Street, 20th Floor, Sacramento, CA 95814

SAMPLE AGREEMENT

(For Reference only)

Z0

EXHIBIT A

SCOPE OF WORK

1. Scope of Work

Contractor shall perform chair and furniture repair, including but not limited to: chair and furniture cleaning, repair, reupholstering and refurbishing services in the Sacramento, California area outlined in this Agreement for the Air Resources Board (ARB).

2. Scheduling and Availability

All services shall be performed during the normal business hours of 8:00 AM to 5:00 PM, Monday to Friday, unless otherwise specified. Excluded are State of California holidays, as per the California Department of Human Resources.

3. Contractor Responsibility

A. Contractor agrees to provide office and furniture repair, chair cleaning, reupholstering and refurbishing services for the Air Resources Board on an as needed basis.

Contractor shall provide all labor, staff, transportation, equipment, tools, parts, and materials necessary to provide services. There will be no charge for travel time.

B. The services shall be performed at the following Sacramento facility locations:

1001 I Street, Sacramento, CA 95814

1301 V Street, Sacramento, CA 95818

1310 T Street, Sacramento, CA 95811

1927 13th Street, Sacramento, CA 95812

8311 Galena Ave, Sacramento, CA 95828

8340 Ferguson Ave, Sacramento, CA 95828

8151 Demtre Ave, Sacramento Ca, 95828

C. Contractor shall respond to all service calls within eight (8) hours, or one (1) business day, and shall complete all services within one (1) to five (5) days, depending upon type of service described herein. The start time and completion time of each service call shall be determined at the start of each service request and shall be agreed upon by both ARB and the Contractor.

D. The services shall be provided during State business hours, Monday through Friday, 8:00 AM to 5:00 PM, excluding holidays. Excluded are State of California holidays, as per the California Department of Human Resources.

E. The Services covered by this agreement shall include, but not be limited to the following:

1) Pick-up and delivery of all items in a covered vehicle, as needed.

2) Clean, repair, upholster and refurbish furniture and chairs, including but not limited to: chairs, ergonomic chairs, lounge chairs and sofas, desks, credenzas, tables, and book shelves.

3) Repair materials include, but not limited to: wood, metal, touch up paint, wood stain/putty, shelving dowels, chair casters, chair arms, fabric, foam, thumb tacks, staples, gas cylinders, tilt controls, suspensions.

4) If any one repair exceeds $50.00, a written estimate is required and must be approved by ARB project manager prior to commencement. Estimate must include rates for all materials and hourly labor rates.

F. Contract Representatives

The Project Managers during the term of this agreement will be:

The parties may change their Contract Representative(s) upon providing ten (10) days written notice to the other party’s Contract Representative(s). The notifying party shall provide complete contact information for the replacement Contract Representative(s) to include the information provided above.

Agency: Air Resources Board Contractor:

Division: Administrative Services Section:

Attention: Attention:

Address: Address:

Phone: Phone:

Email: Email:

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

A. Invoicing & Payment

1. For services satisfactorily rendered, upon receipt and approval of an invoice(s), the State agrees to compensate the Contractor for costs specified in accordance with Exhibit B, Attachment 1, Contractor’s Rate Sheet.

2. Contractor shall submit one (1) original and one (1) copy of each invoice. Invoices must include the Agreement Number and must be submitted not more frequently than monthly in arrears to:

Air Resources Board Accounting Section

P.O. Box 1436 Sacramento, California 95812

B. Budget Contingency Clause

1. 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 of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this

Agreement.

2. 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 Contractor to reflect the reduced amount.

C. Prompt Payment Clause

Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

EXHIBIT B, ATTACHMENT 1

CONTRACTOR RATE SHEET

(Contractor’s Rate Sheet to be inserted upon Agreement Award)

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

A. Excise Tax

The State of California is exempt from federal excise taxes, and no payment will be made for any taxes levied on employees’ wages. The State will pay for any applicable State of California, local sales, or use taxes on the services rendered or equipment or parts supplied pursuant to this Agreement. California may pay any applicable sales and use tax imposed by another state.

B. Settlement of Disputes

1. In the event of a dispute, Contractor shall file a “Notice of Dispute” with ARB within ten (10) days of discovery of the problem. Within ten (10) days, the ARB shall meet with the Contractor and Project Manager for purposes of resolving the dispute.

2. Any dispute concerning a question of fact arising under the terms of this Agreement which is not disposed of within a reasonable period of time by Contractor and State employees normally responsible for the administration of this Agreement shall be brought to the attention of the Executive Officer or designated representative of each organization for resolution. The decision of the State Executive Officer or designated representative shall be final.

3. In the event of a dispute, the language contained within this Agreement shall prevail over any other language.

4. The existence of a dispute not fully resolved shall not delay Contractor to continue with the responsibilities under this Agreement which is not affected by the dispute.

C. Potential Subcontractors

1. The State allows the use of subcontractors to enable contractors to expand their ability to meet the needs of the State. If any subcontractor’s portion of the project exceeds 25 percent of the value of that project, the subcontractor and their staff are subject to all the requirements and provisions of the contract resulting from this Agreement. Use of subcontractors does not relieve the contractor from its responsibility to the State under this Agreement.

2. The State reserves the right to contact, consult, or undertake business discussions with any subcontractor’s employee during the term of this Agreement if needed and may reject proposed personnel at any time.

3. Nothing contained in this Agreement or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve the Contractor of his responsibilities and obligations hereunder. The Contractor agrees to be responsible to the

State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor’s obligation to pay its subcontractors is an independent obligation from the State’s obligation to make payments to the Contractor. As a result, the

State shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.

D. Stop Work Order

State reserves the right to issue an order to stop work in the event that a dispute should arise, or in the event that State gives Contractor a notice that the Agreement will be terminated. The stop work order will be in effect until the dispute has been resolved or the Agreement has been terminated.

E. Termination

1. In addition to the rights under Exhibit C of the Standard Agreement, State reserves the right to terminate this Agreement at its sole discretion at any time upon thirty (30) days prior written notice to Contractor.

2. In the case of early termination, Contractor shall submit one (1) original and one (1) copy of the invoice covering services to termination date, following the invoice requirements of this

Agreement.

3. Upon receipt of the invoice, a final payment will be made to Contractor. This payment shall be for all State-approved costs that in the opinion of State are justified, and shall include labor, and materials purchased or utilized (including all non-cancellable commitments) to termination date.

F. Amendments

1. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required. No oral understanding or agreement not incorporated in this Agreement is binding on any of the parties.

2. ARB reserves the right to amend this Agreement through a formal written amendment, signed by the parties, for additional time and/or funding.

G. Insurance Requirements

A. Commercial General Liability

Contractor must furnish to the State a certificate of insurance to remain in effect at all times during the term of this Agreement. Contractor shall maintain general liability on an occurrence form with limits not less than $1,000,000 per occurrence for bodily injury and property damage liability combined with a $2,000,000 annual policy aggregate. The policy must include coverage for liabilities arising out of premises operations, independent contractors, products, completed operations, personal & advertising injury, and liability assumed under an insured contract. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the Contractor’s limit of liability. The policy must include:

California Environmental Protection Agency/Air Resources Board, State of California, its officers, agents, and employees are included as additional insured, but only with respect to work performed under this Agreement.

This endorsement must be supplied under a form acceptable to the Office of Risk and Insurance Management.

In the case of Contractor’s utilization of subcontractors to complete the contracted scope of work, Contractors shall include all subcontractors as insured under Contractor’s insurance or supply evidence of insurance to the State equal to policies, coverage and limits required of Contractor.

B. Automobile Liability

Contractor must furnish to the State a certificate of insurance to remain in effect at all times during the term of this Agreement. Contractor shall maintain motor vehicle liability with limits not less than $1,000,000 combined single limit per accident. Such insurance shall cover liability arising out of a motor vehicle including owned, hired and non-owned motor vehicles.

The policy must include:

California Environmental Protection Agency/Air Resources Board, State of California, its officers, agents, and employees are included as additional insured, but only with respect to work performed under this Agreement.

C. Workers’ Compensation and Employers’ Liability

Contractor must furnish to the State a certificate of insurance to remain in effect at all times during the term of this Agreement. Contractor shall maintain statutory workers’ compensation and employers’ liability for all its employees who will be engaged in the performance of the Agreement. Employers’ liability limits of $1,000,000 are required. The policy must include:

When work is performed on State owned or controlled property the Workers’ Compensation policy shall contain a waiver of subrogation in favor of the State. The waiver of subrogation endorsement shall be provided.

D. General Provisions Applying to all Policies

1. Coverage Term – Coverage needs to be in force for the complete term of the Agreement.

If insurance expires during the term of the Agreement, a new certificate must be received by the State at least ten (10) days prior to the expiration of this insurance. Any new insurance must still comply with the original terms of the Agreement.

2. Policy Cancellation or Termination and Notice of Non-Renewal – Contractor shall provide to the State within five (5) business days following receipt by Contractor a copy of any cancellation or non-renewal of insurance required by this Agreement. In the event

Contractor fails to keep in effect at all times the specified insurance coverage, the State may, in addition to any other remedies it may have, terminate this Agreement upon the occurrence of such event, subject to the provisions of this Agreement.

3. Deductible – Contractor is responsible for any deductible or self-insured retention contained within their insurance program.

4. Primary Clause – Any required insurance contained in the Agreement shall be primary, and not excess or contributory to any other insurance carried by the State.

5. Insurance Carrier Required Rating – All insurance companies must carry a rating acceptable to the Office of Risk and Insurance Management. If the Contractor is self-insured for a portion or all of its insurance, review of financial information including a letter of credit may be required.

6. Endorsements – Any required endorsement must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance.

7. Inadequate Insurance – Inadequate or lack of insurance does not negate the Contractor’s obligations under the Agreement.

9. Force Majeure

Except for defaults of subcontractors, neither party shall be responsible for delays or failures in performance resulting from acts beyond the control of the offending party. Such acts shall include but shall not be limited to acts of God, fire, flood, earthquake, other natural disaster, nuclear accident, strike, lockout, riot, freight embargo, public regulated utility, or governmental statutes or regulations superimposed after the fact. If a delay or failure in performance by the Contractor arises out of a default of its subcontractor, and if such default of its subcontractor, arises out of causes beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either of them, the Contractor shall not be liable for damages of such delay or failure, unless the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required performance schedule.

EXHIBIT E

ADDITIONAL PROVISIONS

A. DVBE Audit

Contractor agrees that the State or its delegate will have the right to review, obtain, and copy all records pertaining to Contractor’s compliance with the Disabled Veteran Business Enterprise (DVBE) requirements as contained in Public Contract Code sections 10115 et. seq. Contractor agrees to provide State or its delegate with any relevant information requested and shall permit State or its delegate access to its premises, upon reasonable notice, during normal business hours for the purposes 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 the DVBE requirements. Contractor further agrees to maintain such records for a period of three (3) years after final payment under this Agreement.

ATTACHMENT 1

REQUIRED ATTACHMENT CHECKLIST

A complete bid or bid package will consist of the items identified below. Be sure that your bid includes all required documents, as stated in this IFB. 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 should be returned with your bid package also. Completion of this checklist does not preclude the State from confirming your bid’s compliance with all IFB requirements.

Attachment Attachment Name/Description

_________ Attachment 1 Required Attachment Checklist

_________ Attachment 2 Bid/Bidder Certification Sheet

_________ Attachment 3 Contractor Rate Sheet

_________ Attachment 4 Bidder References

_________ Attachment 5 Payee Data Record (STD 204)

_________ Attachment 6 Contractor Certification Clauses (CCC 307)

_________ Attachment 7 Bidder Declaration (GSPD-05-105)

Attachment 8 DVBE Incentive Instructions (Informational Only)

_________ Attachment 9 DARFUR Contracting Act Certification

__________ Attachment 10 Iran Contracting Act Certification (If Applicable)

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.

A. All required attachments are included with this certification sheet.

B. 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.

C. Completion of this attachment does not preclude the State from confirming and verifying all information submitted and evaluating for compliance with the solicitation requirements.

An Unsigned Bid/Bidder Certification Sheet May Be Cause For Rejection

1. Company Name 2. Telephone Number 2a. Fax Number

3. Address

Indicate your organization type:

4. Sole Proprietorship 5. Partnership 6. Corporation

Indicate the applicable employee and/or 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 (OSBCR) as:

a. Small Business Enterprise Yes No If yes, enter certification number:

d. Non-small business subcontracting 5% to a small business Yes No

c. Disabled Veteran Business Enterprise Yes No If yes, enter your service code below:

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 OSBCR, if an application is pending:

Instructions for Bid/Bidder Certification Sheet

Complete the numbered items on the Bid/Bidder Certification Sheet by following the instructions below.

Item Numbers Instructions

1, 2, 2a, 3

Must be completed. These items are self-explanatory.

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 and corporation. The sole proprietor is solely liable for all the debts of the business.

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 for profit.

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.

Enter your federal employee tax identification number.

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.

Complete if your firm holds a California license/certification which are required for this bid.

10, 11, 12, 13

Must be completed. These items are self-explanatory.

If certified as a Small Business Enterprise, place a check in the “Yes” box, and enter your certification number on the line. If non-small business sub-contracting for 25% of the net amount of the contract, place a check in the “Yes”. 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. If your certification is pending, enter the date your application was submitted to OSBCR.

ATTACHMENT 3

CONTRACTOR RATE SHEET (Mandatory Submittal)

Contractor shall be paid in accordance with the rates and costs listed below which shall remain unchanged throughout the term of the Agreement

A. Chair and Furniture Repair Labor Rates

Minimum Service Charge*

Hourly Rate for Labor

$ x 8 hours

Total Cost (A)

B. Materials Cost (Please provide for each chair type all costs listed below for purpose of cost evaluation. Photos of each chair provided on following page.)

#1.Magnum Ergonomic Chair

#2..Manhattan Ergonomic Chair

Cost for Both Chairs

Gas Cylinders (per chair)

Chair Casters (per Chair)

Tilt Controls (new, per chair)

Tilt Controls (refurbished, per chair)

Suspensions (per chair)

Total Cost (B)

C. Upholstery Cleaning Rates (Includes labor)

Office Chair x 2 chairs

Lounge Chair x 2 chairs

Sofa x 1 lineal foot

Total Cost (C)

Total Amount A + B + C $

The Total Amount shall be utilized to determine the lowest responsive/responsible quote for evaluation purposes.

(The rates provided are all-inclusive and include all labor and equipment, insurance, taxes and supervision needed to perform chair cleaning, repair, reupholstering and refurbishing services within the Agreement).

*The minimum Service Charge shall be paid upon Contractor request in lieu of the hourly Labor Rate per approved service request and not per item repaired.

#1 Magnum Series Chair #2 Manhattan Ergonomic Chair

ATTACHMENT 4

BIDDER REFERENCES

Submission of this attachment is mandatory. Failure to complete and return this attachment with your bid may cause your bid to be rejected and deemed non-responsive. By furnishing the references, the bidder authorizes the State to contact the named company, person or entity to discuss the Contractor’s past performance.

List below three references of where chair and furniture repair and cleaning services was performed within the last three (3) years.

REFERENCE 1

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

REFERENCE 2

Street Address City State Zip Code

Contact Person Telephone Number

REFERENCE 3

Street Address City State Zip Code

Contact Person Telephone Number

ATTACHMENT 5

PAYEE DATA RECORD

ATTACHMENT 6

CONTRACTOR CERTIFICATION CLAUSES

CCC 307

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.

Contractor/Bidder Firm Name (Printed)

Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

Date Executed Executed in the County of

II. CONTRACTOR CERTIFICATION CLAUSES

1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted,…