15ED003_IFB_final_.pdf

Matthew Rodriquez Secretary for

Environmental Protection

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. 15ED003

February 1, 2016

You are invited to review and respond to this Invitation for Bid (IFB) No. 15ED003, entitled, “Personal Protection Equipment (PPE) Fire Retardant Clothing (FRC) for Southern California Enforcement Division field staff.” 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 22, 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: Lisa Macias 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 caleprocure system.

Contact: Lisa Macias Phone: (916) 322-8452 Email: lisa.macias@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.

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 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. General Requirements H. Bid Rejection I. Signature J. Bid Opening and Evaluation K. Disposition of Bids L. Selection and Award M. Standard Conditions of Service N. Socio-Economic and Preference Programs O. Darfur Contracting Act Certification

DRAFT STANDARD AGREEMENT

Draft Standard Agreement (STD 213) Exhibit A – Scope of Work Exhibit A, Attachment 1………………………………………………………………………… Exhibit A, Attachment 2…………………………………………………………………………………… 17 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 Cost 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

I. SCOPE OF WORK

The Occupational Safety and Health Administration (OSHA) requires employers to provide Personal Protection Equipment and Fire Retardant Clothing (PPE/FRC) for employees working in hazardous environments that may involve the following hazards: Electric Arc (electricians, electric utility lineman, etc.), Combustible Dust Explosion (workers in the paper and pulp industry, food processing, paint, and may more industries) and any workers who come in contact with energized electrical equipment. The Air Resources Boards’ (ARB) Enforcement Division staff routinely conducts inspections in these and other environments that require

PPE/FRC.

ARB is seeking a Bidder to provide weekly rental, laundering, maintenance and delivery services as described in Exhibit A, Scope of Work. The PPE/FRC will be used by Enforcement Division (ED) staff in Southern California.

Contract term shall be for 24 months.

The Bidder must be available and begin work immediately upon Agreement execution to start the process of fitting and sizing ARB employees with the applicable PPE/FRC. It is mandatory that the weekly rental, laundering, maintenance and delivery services for PPE/FRC start on or before April 1, 2016.

More detailed information can be found in the Draft Standard Agreement.

ARB’s budget for this project is $13,100.00. Bids exceeding this amount shall be deemed non responsive and ineligible for award.

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 Checklist.

B. IFB Key Action Dates

It must be understood that time is always of the essence, both for the bid submittal and Agreement execution. Bidders are advised of the key action dates and times shown below and are expected to adhere to them. 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 caleprocure February 1, 2016 N/A Deadline for Submission of Written Questions February 9, 2016 3:00 p.m.

Responses to Questions Posted February 16, 2016 5:00 p.m.

Bid Submission Due / Opening of Bids February 22, 2016 3:00 p.m.

Contractor Must be Available to Start Work March 14, 2016 TBD

Estimated Contract Start Date April 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:

Contract Analyst: Lisa Macias Tel: (916) 322-8452

Email: lisa.macias@arb.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 15ED003 BID: DO NOT OPEN

Contract Services Section Attn: Lisa Macias, Contract Analyst

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 Contractor Cost Sheets. Multiple Contractor Cost Sheets 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: Lisa Macias, Contract Analyst https://caleprocure.ca.gov/

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 Contractor 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: http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx..

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.

http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx

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/

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 the minimum qualification. Bids that do not meet the minimum qualifications will be determined non-responsive and ineligible for award.

1. The Bidder must have a minimum of three (3) years’ experience in PPE/FRC laundering services described in the Draft Standard Agreement, Exhibit A, Scope of Work.

a. The Bidder must submit a statement of experience of PPE/FRC laundering services.

G. General Requirements

1. The Bidder must have the ability to provide the PPE/FRC as described in the Draft Standard Agreement and in the quantities listed.

2. The Bidder must have the ability to provide PPE/FRC with a minimum Arc Thermal Performance Value of 8.

3. The Bidder must be available to start work immediately upon Agreement execution to begin fitting and sizing ARB employees with the applicable PPE/FRC.

4. The Bidder must be able to deliver all PPE/FRC with Emblem Illustrations as described in Exhibit A, Attachment 2, to ARB by April 1, 2016.

5. The Bidder must provide insurance and endorsements as described in the Draft Standard

Agreement, Exhibit D, Special Terms and Conditions, if selected for award.

http://kepler.sos.ca.gov/

H. 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.

I. 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.

J. 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.

K. 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.).

L. 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 five (5) 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.

M. 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:

http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx. under Standard Contract Language.

4. 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.

N. 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.

O. 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.

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

STANDARD AGREEMENT

STD 213 (Rev 06/03)

DRAFT STANDARD AGREEMENT AGREEMENT NUMBER

15ED003

REGISTRATION NUMBER

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

STATE AGENCY'S NAME

CONTRACTOR'S NAME

2. The term of this Agreement is: through

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 Exhibit A, Attachment 1 - Quantity Listing Exhibit A, Attachment 2 - Emblem Illustration

3 pages 1 page 1 page

Exhibit B - Budget Detail and Payment Provisions 1 page

Exhibit B, Attachment 1 - Contractor Cost Sheet 2 pages Exhibit C* - General Terms and Conditions (GTC 610) Online

Exhibit D - Special Terms and Conditions 4 pages

Exhibit E - Additional Provisions 1 page

Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto. The documents can be viewed at http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx.

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

EXHIBIT A

SCOPE OF WORK

A. PURPOSE

The Occupational Safety and Health Administration (OSHA) requires employers to provide Personal Protective Equipment (PPE) and Fire Retardant Clothing (FRC) for employees working in hazardous environments that may involve the following hazards: Electric Arc (electricians, electric utility lineman, etc.), Combustible Dust Explosion (workers in the paper and pulp industry, food processing, paint, and may more industries) and any workers who come in contact with energized electrical equipment. The Air Resources Board’s (ARB) Enforcement Division staff routinely conducts inspections in these and other environments that require PPE/FRC.

B. SCOPE OF WORK

Contractor shall provide a one-time orientation and perform weekly rental, laundering, maintenance and delivery services for PPE/FRC as described herein. Contractor shall provide and be responsible for all personnel, labor, subcontractors, materials/equipment, travel, tax and any other items necessary to perform and complete all services.

The Contractor must be available to begin work immediately upon Agreement execution to start the process of fitting and sizing ARB employees with the applicable PPE/FRC. It is mandatory that the weekly rental, laundering, maintenance and delivery services for PPE/FRC start on or before April 1, 2016.

C. LOCATION

The Contractor shall perform weekly rental, laundering, maintenance and delivery services for ARB’s Enforcement Division (ED) staff in Southern California. Contractor shall pick up and deliver PPE/FRC to ARB at 9528 Telstar Avenue; El Monte, California, 91731.

D. ORIENTATION

Within three weeks of Agreement execution the Contractor and ARB shall meet to discuss the arrangements in sizing ARB employees who will utilize the clothing and pick-up and delivery schedules. The date and location of the orientation shall be mutually agreed upon by both parties. The orientation will include the following:

1. Determine appropriate sizes for ED Staff for PPE/FRC.

2. Discuss and develop Pick-up and Delivery schedule and access to ARB facility.

3. Provide literature/requirements regarding the appropriate use of the PPE/FRC.

E. CLOTHING SPECIFICATIONS

Contractor shall provide PPE/FRC in the quantities listed in Exhibit A, Attachment 1, to this Scope of Work. Quantities are estimates and may change based on usage of clothing and a reduction/increase in staff or size changes. If changes to the quantities are needed, the ARB Project Manager or designee shall provide the Contractor with a written request detailing the changes. Contractor shall make the requested changes within ten (10) business days unless another timeframe is mutually agreed upon by both parties.

Clothing shall meet the following specifications:

1. Each shirt, pant, and coverall shall be blue in color.

2. Each shirt, pant, and coverall shall be labeled inside with the applicable ARB employee name to identify which ARB employee is using it.

3. Each PPE shirt and coverall shall include a 2.5 inch tall and 4.5 inch wide emblem patch on the left chest side, above any pockets, similar to the emblem illustration in Exhibit A, Attachment 2.

4. All materials used in the creation of the PPE/FRC shall be fire retardant meeting current regulatory and/or industry standards.

5. If indicated in Exhibit A, Attachment 1, Contractor shall provide PPE/FRC with a minimum Arc Thermal Performance Value of 8.

6. All shirts shall be button down and have long sleeves.

7. All pants shall have zippers.

8. Coveralls can have either zippers or buttons.

F. DELIVERY SCHEDULE AND ACCESS TO FACILITY

1. Upon Agreement execution the Contractor and ARB shall mutually agree upon a pick-up and delivery schedule. This mutual agreement shall take place at the Orientation described herein.

2. If Contractor cannot meet the delivery window for some reason they shall contact ARB to arrange access to the facility. In such an event the Contractor shall contact TBD.

3. Scheduled Pick-Up and Delivery: Scheduled Pick-Up and Delivery is defined as the weekly pick-up and delivery schedule mutually agreed upon by ARB and the Contractor. The rate for Scheduled Pick-Up and Delivery for PPE/FRC is shown in Exhibit B, Attachment 1 - Contractor Cost Sheet (Table 1).

4. Unscheduled Pick-Up and Delivery: Unscheduled Pick-Up and Delivery is defined as an additional delivery/pick-up outside of the agreed upon Scheduled Pick-Up and Delivery. If ARB requests an additional pick-up or delivery within the week, the rate for Unscheduled Pick-Up and Delivery for PPE/FRC is shown in Exhibit B, Attachment 1 – Contractor Cost Sheet (Table 3).

G. NORMAL BUSINESS HOURS

All weekly pick-up and delivery services shall be performed during normal business hours of 8:00 a.m. to 5:00 p.m. (PST), Monday through Friday, unless otherwise specified. Excluded are State of California holidays, as per the California Department of Human Resources.

H. LAUNDERING

Contractor shall provide weekly laundering that meets industry standards. Appropriate water temperatures, water softness, and chemical formulas shall be obtained to best suit PPE/FRC.

I. MAINTENANCE AND REPAIR

Contractor shall provide maintenance and repair services as needed and at no additional cost to ARB.

1. Maintenance shall include size changes when needed.

2. Contractor is responsible for inspecting all PPE/FRC once picked up for laundering and repairing if needed.

3. Repairs shall include but are not limited to repairing holes, replacing missing buttons, and broken zippers.

4. FRC materials must be used in all repairs to PPE/FRC.

J. REPLACEMENT

1. If PPE/FRC are old and beyond repair, the Contractor shall replace them with new ones.

2. The PPE/FRC replacement rates are shown in Exhibit B, Attachment 1 - Contractor Cost Sheet (Table 2).

K. PROGRAM MANAGEMENT

Contractor shall manage PPE/FRC program with ARB’s Project Manager. Contractor shall ensure compliance with industry standards to protect ARB employees. Contractor shall ensure all ARB employees needing PPE/FRC equipment have sufficient number of uniforms and that used uniforms are returned by the following week’s pick-up and delivery date. ARB staff shall coordinate with the Contractor in order to determine the equipment needs and compliance to OSHA laws.

L. PROJECT REPRESENTATIVES

The Project Managers during the term of this Agreement shall be:

Agency: Contractor:

Division: Section:

Attention: Attention:

Address:

Address:

Phone: Phone:

Email: Email:

Direct all inquiries to the Project Managers.

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.

EXHIBIT A, ATTACHMENT 1

QUANTITY LISTING

SOUTHERN California

USER TYPE QTY TYPE QTY Arc Flash Rated

Fuels Enforcement Section

TRINH COVERALL 2 SHIRT/PANTS

OSORNIO COVERALL 2 SHIRT/PANTS 8 I 8

LLAMAS COVERALL 1 SHIRT/PANTS 5 I 5

AVON COVERALL 1 SHIRT/PANTS 5 I 5

LOPEZ COVERALL 4 SHIRT/PANTS 4 I 4

District Support Section

Diesel Equipment Enforcement Section

GILL COVERALL 1 SHIRT/PANTS

Ll COVERALL 1 SHIRT/PANTS

PATNO COVERALL 1 SHIRT/PANTS

CHANEY COVERALL 1 SHIRT/PANTS

OSORNIO COVERALL 1 SHIRT/PANTS

Railroad & Marine Enforcement Section

UNDERHILL COVERALL SHIRT/PANTS 3 I 3 YES

Field Enforcement Section

AREVALOS COVERALL SHIRT/PANTS 3 I 3

ANDUJAR COVERALL SHIRT/PANTS 3 I 3

ARMENTA COVERALL SHIRT/PANTS 3 I 3

BUENROSTRO COVERALL SHIRT/PANTS 3 I 3

WATKINS COVERALL SHIRT/PANTS 3 I 3

YANG COVERALL SHIRT/PANTS 3 I 3

ABDUL-KARIM COVERALL SHIRT/PANTS 3 I 3

ALATORRE COVERALL 3 SHIRT/PANTS 3 I 3

PRATI COVERALL 3 SHIRT/PANTS 3 I 3

TOTAL COVERALLS 21 SHIRT/PANTS 52 / 52

EXHIBIT A, ATTACHMENT 2

EMBLEM ILLUSTRATION

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

A. Invoicing and Payment

1. For services satisfactorily rendered, and upon receipt and approval of the invoice the State agrees to compensate the Contractor for actual expenditures incurred in accordance with Exhibit B, Attachment 1 – Contractor Cost Sheet, which is attached hereto and made a part of this Agreement.

2. Contractor shall submit one (1) original and one (1) copy of each invoice. Invoices must include the Agreement Number, Line Item number, Item Description, Employee Name, Quantity, Price, Invoice Amount and Invoice Total, and must be submitted not more frequently than monthly in arrears to:

Air Resources Board Accounting Section

P.O. Box 1436 Sacramento, California 95812

3. To prevent any potential issues with rounding all invoiced amounts shall not exceed the hundredths place.

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.

D. Travel & Per Diem

1. The Contractor shall only be compensated for Scheduled and Unscheduled Pick-Up and Delivery at the costs provided in Exhibit B, Attachment 1 - Contractor Cost Sheet. The Contractor will not be reimbursed for other travel costs or per diem.

2. Scheduled and Unscheduled Pick-Up and Delivery shall consist of the travel from the Contractor’s business to ARB’s facility and return.

EXHIBIT B, ATTACHMENT 1

CONTRACTOR COST SHEET

Rates listed in the Attachment 3, Contractor Cost Sheet, will be included in the final Agreement.

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

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

1. 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.

2. 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.

3. 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.

4. 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.

H. 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.

B. Confidentiality of State Information

It is expressly understood and agreed that information Contractor receives from State in performing its obligations under this Agreement may be deemed confidential by State.

Therefore, Contractor agrees to:

1. Observe complete confidentiality with respect to such information, including without limitation, agreeing not to disclose or otherwise permit access to such information by any person or entity in any manner whatsoever.

2. Ensure that Contractor’s employees, agents, representatives, and independent

Contractors are informed of the confidential nature of such information and ensure by agreement or otherwise that they are prohibited from copying or revealing, for any purpose whatsoever, the contents of such information or any part thereof, or from taking any action otherwise prohibited under this Agreement.

3. Not use such information or any part thereof in the performance of services to others or for the benefit of others in any form whatsoever whether gratuitously or for valuable consideration, except as permitted under this Agreement.

4. Notify State promptly and in writing of the circumstances surrounding any possession, use or knowledge of such information or any part thereof by any person other than those authorized by this paragraph.

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.