15MLD049_IFB_Addendum.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. 15MLD049

February 5, 2016 REVISED FEBRUARY 19, 2016 – Page 10 new Socio-Economic Language inserted and Attachments 9 and 10 added. No other changes.

You are invited to review and respond to this Invitation for Bid (IFB) No. 15MLD049, entitled, “Analytical Balance Calibrations.” In submitting your bid, you must comply with the instructions found herein.

This IFB is published online in the California State Contracts Register 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 or State) deadline for receipt of bids is March 4, 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, California 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 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.

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

Standard Agreement (STD 213) Exhibit A - Scope of Work Exhibit B - Budget Detail and Payment Provisions Exhibit D - Special Terms and Conditions Exhibit E – Additional Provisions ………………………………………………………………24

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. EPA Form 6100-4

10. EPA Form 6100-3

11. Darfur Contracting Act Certification

I. SCOPE OF WORK

The Air Resources Board (ARB) is seeking a Contractor to perform annual maintenance and repair services on 30 analytical balances.

Contractor shall provide and be responsible for all labor and materials, parts, telephone support, travel and any necessary equipment system and software version upgrades to perform the services detailed in this agreement to keep the equipment operational. Services shall be provided at the following locations: 1301 V Street, 1900 14th Street and 1927 13th Street, Sacramento, California 95811.

Contract term shall be 24 months.

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

ARB’s budget for this project is $8,300.00. 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 Check List.

B. IFB Key Action Dates

Below is the tentative time schedule for this IFB. 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 02/05/2016 N/A

Deadline for Submission of Written Questions 02/16/2015 4:00 p.m.

Responses to Questions Posted 02/23/2016 4:00 p.m.

Bid Submission Due / Opening of Bids 003/04/2016 3:00 p.m.

Estimated Contract Start Date 04/1/2016 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 15MLD049 BID: DO NOT OPEN

Contract Services Section

Attn: Cathy Wieser, Contract Analyst

Sacramento, CA 95814

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. (See Contractor Cost Sheet, Attachment 3.

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:

Attn: Cathy Wieser, Contract Analyst

Sacramento, CA 95814

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 this 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 (CCC) at: www.dgs.ca.gov/ols/Resources/standardcontractlanguage.aspx. The bidder must sign and return the CCCs, Attachment 6, with the bid package.

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/

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 http://www.dgs.ca.gov/ols/Resources/standardcontractlanguage.aspx http://kepler.sos.ca.gov/ 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 perform all calibration test using National Institute of Standards and Technology (NIST) traceable weights and be able to provide American Association for Laboratory Accreditation (A2LA) Certificate which meets all requirements of International Organization for Standardization/International Electrotechnical Commission (ISO/IEC) 17025 for all calibration ranges.

1. Bidder must have NIST traceable weights capable of calibration scales with maximum weights ranges from 250 grams through 61 Kilograms.

2. The Bidder must provide documentation showing current A2LA certification.

G. General Requirements

1. 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.

2. If you are a bidder located within the State of California, a business license from the city/county in which you are headquartered is necessary; however, if you are a corporation, a copy of your incorporation documents/letter from the Secretary of State’s Office can be submitted. If you are a Contractor outside the State of California, you will need to submit to ARB a copy of your business license or incorporation papers for your respective State showing that your company is in good standing in that State.

3. If bidder possesses a current factory Training Certificate for maintenance, then please also submit with your bid.

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, electronic mail, 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:

Attention: Manager 1001 I Street, 20th Floor Sacramento, CA 95814 Phone Number: (916) 322-6712 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.

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: www.dgs.ca.gov/ols 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.

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

N. Socio-Economic and Preference Programs

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

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

2. Small Business or Microbusiness Preference (Optional)

If Bidder is claiming the 5 percent certified Small Business or micro business preference, or is committing to subcontract 25 percent 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 percent of the bid price of the lowest responsive, responsible bidder that is not a small business.

3. Disadvantaged Business Enterprises (DBEs) Federal Requirements

The Proposer shall not discriminate on the basis of race, color, national origin on sex in the performance of this contract. The Proposer shall carry out applicable requirements of 40 CFR Part 33 (including, but not limited to, the Six Good Faith Efforts in 40 CFR Part 33.301 and Contract Administrative Requirements in 40 CFR Part 33.302) in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the Proposer to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies.

Proposer must complete and submit EPA form 6100-4 (DBE Subcontractor Utilization Form), Attachment 9. This is a Mandatory Submittal.

Proposer must also complete and submit form EPA 6100-3 (DBE Subcontractor Performance Form), Attachment 10, pursuant to 40 CFR Part 33.302, only if using DBE subcontractors.

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

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 11.

STATE OF CALIFORNIA

STANDARD AGREEMENT

STD 213 (Rev 06/03) AGREEMENT NUMBER

REGISTRATION NUMBER

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

STATE AGENCY'S NAME

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 pages Exhibit A- Attachment 1 – Equipment List page Exhibit B - Budget Detail and Payment Provisions page Exhibit B - Attachment 1 – Contractor’s Rate Sheet pages Exhibit C* - General Terms and Conditions (GTC-610) (online) Exhibit D - Special Terms and Conditions pages Exhibit E – Additional Provisions 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 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

1001 I Street, 20th Floor, Sacramento, CA 95814 http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx

EXHIBIT A

SCOPE OF WORK

Contractor shall provide and be responsible for all labor, materials, and parts any necessary to perform the services detailed in this agreement to keep the equipment fully operational.

Services shall be provided on the equipment specified herein for the Air Resources Board’s (ARB) 1301 V Street, 1900 14th Street and 1927 13th Street Sacramento, California 95811 locations.

A. EQUIPMENT

Contractor shall perform the services outlined in this Agreement on the equipment and components listed in Exhibit A, Attachment 1, and Equipment List.

The State reserves the right to add equipment similar to the list specified in this Agreement and delete equipment that has become obsolete through a formal amendment. Equipment will be serviced at the frequency and rates as specified in Exhibit B, Attachment 1 – Contractor’s Rate Sheet.

B. RATES

Contractor shall be compensated for all costs associated with the services at the rate specified in Exhibit B, Attachment 1 – Contractor’s Rate Sheet.

C. GENERAL

1. Location

Services shall be performed at Air Resources Board (ARB) facilities located at the facilities located below.

Testing and Certification Section 1301 V Street, Sacramento, California 95811 Special Analysis Section 1900 14th Street, Sacramento, California 95811 Inorganics Laboratory Section 1927 13th Street, Sacramento, California 95811

2. Normal Business Hours

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

D. PREVENTATIVE MAINTENANCE

Repair Service – Any unforeseen or sudden equipment malfunction in which unscheduled service visits are required.

1. Contractor shall perform annual preventative maintenance and repair of analytical balances at the 1900 14th Street location and the 1927 13th Street location. Contractor shall perform semi-annual preventative maintenance and repair of analytical balances at the 1301 V Street location. Dates of services will be provided by ARB’s Project Manager or designee upon approval of the agreement.

2. Contractor shall perform an unlimited number of repair services on analytical scales requested or necessary to keep the equipment fully operational.

3. Contractor shall perform repair services upon a written or telephone request from ARB’s Project Manager or designee. Contractor shall provide a service reference number or e-mail verification to ARB’s Project Manager or designee upon receiving request for service.

4. Contractor shall perform repair services within five (5) business days of request, unless mutually agreed upon by ARB’s Project Manager or designee and the Contractor.

5. Contractor shall furnish all required materials to perform repair services.

6. Contractor shall furnish all necessary lubricants, cleaning supplies, filters, and testing equipment to perform Preventative Maintenance.

7. Contractor shall be compensated per calibration or repair at the applicable calibration rate specified in Exhibit B, Attachment 1, Contractor’s Rate Sheet.

E. REPAIR

Repair Service: An unforeseen or sudden equipment malfunction in which unscheduled service visits are required.

1. Contractor shall provide an unlimited number of repair services as requested or necessary to keep the equipment fully operational with the optimum level of efficiency, and meeting National Institute of Standards Technology (NIST) SRM No. 2723a, within the certified limits of 11.0 ± 1.1 parts per million (ppm) for all equipment.

2. Repair services shall be provided during normal business hours.

3. Contractor shall provide repair services upon a written or telephone request from ARB.

4. Contractor shall respond to requests for repair services within one (1) business day of notification and shall provide a service reference number to ARB.

5. Contractor shall commence repair services within three (3) business days of request, or other mutually agreed upon time.

6. Contractor shall furnish replacement parts as needed. Parts requiring replacement will be replaced in accordance with the Parts Replacement section.

7. Contractor shall make every attempt to complete repairs the same working day as commencement of repairs.

8. Contractor shall provide a written estimate to ARB before performing repair services.

The written estimate must include the total estimate of all charges, including parts, labor, and taxes, for the maintenance. Contractor shall not perform Repair service(s) without ARB’s written authorization. Contractor shall contact ARB to obtain written authorization for all additional expenses not included in the original estimate.

F. CALIBRATION

1. Contractor shall perform annual analytical balance calibrations at the 1900 14th Street location and the 1927 13th street location. Contractor shall perform semi-annual analytical balance calibrations at the 1301 V street location. Dates of services will be provided by ARB’s Project Manager or designee upon approval of the agreement.

2. Contractor shall furnish replacement parts as needed. Parts requiring replacement will be replaced in accordance with the Parts Replacement section.

3. Contractor shall perform calibration services upon a written or telephone request from ARB. Contractor shall provide a service reference number to ARB.

4. Contractor shall provide 30 American Association for Laboratory Accreditation (A2LA) certificates of calibration and statistical data report for each balance signifying that a continuing quality control program is in existence.

5. Contractor shall identify all calibrated equipment by placing inspection stickers on the equipment. Stickers shall show the date of calibration and/or date of service, and signature of service technician servicing the equipment.

6. Contractor shall provide a written estimate to ARB before performing calibration services. The written estimate must include the total estimate of all charges, including parts, labor, and tax(es). Contractor shall not perform calibration service(s) without ARB’s written authorization. Contractor shall contact ARB to obtain written authorization for all additional expenses not included in the original estimate.

7. Contractor shall ensure all instruments used to calibrate the equipment shall be certified and traceable to the NIST. Contractor shall perform conductivity tests in accordance with applicable rules and regulations.

8. Upon request, Contractor shall maintain an instrument log book and provide a calibration certificate signifying that a continuing quality control program is in existence.

G. PARTS REPLACEMENT

1. Contractor shall replace any part that becomes worn or inoperable, or that otherwise affects the equipment’s operability in any way.

2. Contractor shall notify ARB prior to ordering and/or installing parts. A written estimate of the required part(s) must be submitted to and approved in writing by to ARB, prior to replacement. All replacement parts will be invoiced and listed in the written estimate, plus applicable tax(es), and invoiced in arrears. The cumulative cost for all parts under this Agreement may not exceed 5 percent (5%) of the total Agreement amount.

3. Contractor shall ensure that replacement parts are new, factory manufactured, or of equivalent quality. Consumables and other supply items are hereby excluded.

4. Contractor shall dispose of replaced parts in accordance with all Federal, State, City, and County rules and regulations.

5. Exclusions: Services provided under this Agreement do not include maintenance of accessories, attachments, machines, or other devices not specified herein. Also excluded are painting or refinishing of equipment, and the furnishing of supplies, accessories, or devices of any nature, except such items or equipment deemed necessary for the maintenance and repair of the equipment.

H. ACCEPTANCE

Services performed by the Contractor are to be inspected by ARB after completion. ARB is solely responsible for determining acceptability of the work performed and the operability of the equipment.

I. WARRANTY

1. Parts: Contractor warrants all new and repaired parts only to the extent of the original warranty period.

2. Services: Contractor warrants all services performed for a minimum of six (6) months from the date of service performance.

3. Contractor shall correct any equipment failure that has occurred due to defective parts or to poor workmanship, at no additional cost to the State, even if the contract expires.

Correction shall be made within five (5) business days, or as mutually agreed upon by ARB and the Contractor.

J. RESPONSIBILITIES OF ARB

1. ARB staff shall not perform maintenance service or attempt repairs to equipment while such equipment is under this Agreement, unless mutually agreed to by ARB and the Contractor.

2. ARB shall permit the Contractor access to the equipment, subject to State's security regulations.

K. RESPONSIBILITIES OF THE CONTRACTOR

1. Services performed by the Contractor shall conform to the latest requirements of Federal, State, City, and County regulations. Contractor is responsible for compliance with all applicable laws, codes, rules and regulations in connection with work performed under this Agreement.

2. Contractor shall repair or replace equipment, at ARB’s discretion, any equipment lost, damaged, or stolen while in Contractor’s possession. Replaced equipment will be of equivalent or better quality than equipment listed in the Scope of Work.

L. ENGINEERING CHANGES

Engineering changes, determined mandatory by the Contractor, shall be controlled and installed by the Contractor on equipment covered by this Agreement. Only mandatory changes, as determined by the Contractor shall be installed on equipment. ARB shall provide a written notice of this decision to the Contractor. There shall be no charge for engineering changes made. Any Contractor-initiated changes shall be installed at a time mutually agreed upon by the Contractor and ARB.

M. CONTRACT REPRESENTATIVES

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

Agency: Air Resources Board Contractor:

Division: Section:

Attention: Attention:

Address:

Address:

Phone: Phone:

Email: Email:

Direct all questions 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

EQUIPMENT LIST

Manufacturer Model # Serial # ARB Barcode # Location

Denver Inst. Co. XL-3K B041681 20002384 HPLC Lab (123-13 & T) Mettler PC24 C39278 20009844 Carbon/Cr6 Lab (117-13 & T) Mettler XP204S 1128373589 20071170 Carbon/Cr6 Lab (117-13 & T) Mettler AB204 1113200018 20004201 Carbon/Cr6 Lab (117-13 & T) Mettler XP6 1123481117 20092677 Balance Rm (105-13 & T) PM2.5 Mettler XP6 B040074112 20102640 Balance Rm (128-14 & S) PM2.5 Mettler XS204 1128261595 20071165 Balance Rm (103-13 & T) PM2.5 Mettler XP204 B-304741852 20121426 Balance Rm (105-13 & T) PM10 Mettler XP204 B-304741854 20121425 Balance Rm (128-14 & S) PM10 Mettler HE-160 E01582 20009769 Rm 126 (13 & T) Sartorious A200S-A 36100032 20009820 Balance Rm (105-13 & T) Sartorious AC121S 80805050 20003878 Balance Rm (128-14 & S) Sartorious A200S-A 36080065 20001684 Balance Rm (105-13 & T) PM10 n= 8

Manufacturer Model # Serial # ARB Barcode # Location Mettler XP205 1129223137 20071294 KF Lab (124-14 &S) Mettler XP205 1129020212 20094211 KF Lab (124-14 &S) Sartorious LC1200S 20202259 20009992 KF Lab (124-14 &S) Sartorious LC3201D 50108414 20009993 KF Lab (124-14 &S) Sartorious LC6201S 41104961 20009984 GC Lab (123-14 & S) Sartorious ME215S 14807065 20021370 KF Lab (124-14 & S) Ohaus HP-320 OHAUS #1 KF Lab (124-14 & S) Ohaus HP-320 OHAUS #2 KF Lab (124-14 & S)

In or ga ni cs L ab or at or y Se ct io n Sp ec ia l A na ly si s Se ct io n

Manufacturer Model # Serial # ARB Barcode # Max. Wt. Resolution Location Sartorious LP6200S 11805606 20011395 6200 g 0.01 g 13 & V sample room Sartorious LA8200S 18902532 20024892 8200 g 0.01 g 13 & V sample room Mettler Toledo SG8001 1121121361 20094581 8100 g 0.1 g 13 & V sample room AND (or A&D) EP-20KA 3800285 20010164 20 kg 0.1 g 13 & V sample room AND (or A&D) EP-20KA 3808159 20010098 20 kg 0.1 g 13 & V sample room AND (or A&D) GP-61K 14718066 20112172 61 kg 0.1 g 13 & V sample room AND (or A&D) HP-20K 13004308 20006128 21 kg 0.1 g 13 & V sample room Salter 75055 5075087-200 20095092 50 kg 0.1 g 13 & V sample room

Sartorious LP34000P 90908444 N/A 8500 g 0.01 g 13 & V sample room

Te st in g an d

C er tif ic at io n S ec tio n

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

A. Invoicing

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

Accounting Section

P.O. Box 1436 Sacramento, California 95812

Or

Submit invoices for contract manager approval to accountspayable@arb.ca.gov

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

There shall be no reimbursement for travel or per diem.

EXHIBT B, ATTACHMENT 1

CONTRACTOR’S 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

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. A copy and description of any data collected up to termination date shall also be provided to State.

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 to termination date, as specified in the cost sheet.

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

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 contract. Contractor shall maintain general liability on an occurrence for with limits not less than $1,000,000 per occurrence for bodily injury and $2,000,000 aggregate for bodily injury and property damage liability.

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, employees, and servants are included as additional insured, but only with respect to work performed under this contract.

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 contract. 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, employees, and servants are included as additional insured, but only with respect to work performed under this contract.

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 contract. Contractor shall maintain statutory workers’ compensation and employers’ liability for all its employees who will be engaged in the performance liability limits of $1,000,000 are required.

When 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

A. Coverage term – Coverage needs to be in force for the complete term of the contract. If insurance expires during the term of the contract, 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 contract.

B. Policy Cancellation of 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 contract. 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 contract upon the occurrence of such event, subject to the provisions of this Contract.

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

D. Primary Clause – Any…