24ED003_-_IFB_FINAL.pdf

arb.ca.gov 1001 I Street • P.O. Box 2815 • Sacramento, California 95812 (800) 242-4450

INVITATION FOR BID

Notice to Prospective Bidders

IFB No. 24ED003

March 26, 2025

You are invited to review and respond to this Invitation for Bid (IFB) No. 24ED003, entitled, “Equipment Rental Services.” In submitting your bid, you must comply with the instructions found herein.

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

The California Air Resources Board (CARB) deadline for receipt of bids is April 16, 2025 no later than 1:00 PM (PST). All bids must be submitted via electronic mail to Purchasing@arb.ca.gov. Faxed, hand delivered and mailed bids will not be accepted. Bids must be submitted no later than the date and time indicated under Section II. A. Key Action Dates and addressed as follows: Purchasing@arb.ca.gov. File size cannot exceed 50 Mega Bytes (MB). The naming convention of the bid must be in the following format: “IFB 24ED003 [insert vendor name] Bid.” Bids must be received on or before the date and time specified herein and the email addresses provided below:

EMAIL IFB Bids to:

Purchasing@arb.ca.gov

Cc: Domunique.Tyler@arb.ca.gov Cc: Carmen.Padilla@arb.ca.gov

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 rejected.

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

Contact: Domunique Tyler

Email: Domunique.Tyler@arb.ca.gov CC: Carmen.Padilla@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.

https://caleprocure.ca.gov/pages/index.aspx https://caleprocure.ca.gov/ mailto:Purchasing@arb.ca.gov mailto:Purchasing@arb.ca.gov mailto:Domunique.Tyler@arb.ca.gov mailto:Carmen.Padilla@arb.ca.gov mailto:Domunique.Tyler@arb.ca.gov mailto:Carmen.Padilla@arb.ca.gov

California Air Resources Board

TABLE OF CONTENTS SECTION PAGE

I. SCOPE OF WORK

II. BID INSTRUCTIONS AND INFORMATION

A. IFB Key Action Dates B. Submission of Bid C. Bid Submission Withdrawal D. Bidder Responsibilities E. Minimum Bidder Qualifications F. General Requirements G. Location 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 (DGS PD 1)

DRAFT STANDARD AGREEMENT

Draft Standard Agreement (STD 213) Exhibit A – Scope of Work Exhibit B – Budget Detail and Payment Provisions Exhibit B, Attachment 1 – Contractor Rate Sheet Exhibit D – Special Terms and Conditions Exhibit E – Additional Provisions

ATTACHMENTS

1. Required Attachment Checklist

2. Bid/Bidder Certification Sheet

3. Contractor Rate Sheet

4. Bidder References

5. Payee Data Record (STD 204)

6. Payee Data Record Supplement (STD 205) If Applicable

7. Contractor Certification Clauses (CCC 04/2017)

8. Bidder Declaration (GSPD-05-105)

9. DVBE Bid Incentive Instructions

10. Darfur Contracting Act Certification (DGS PD 1)

11. Detailed Response for Minimum Qualifications

12. COVID-19 Prevention Contractor Self-Certification

I. SCOPE OF WORK

The California Air Resources Board (CARB is seeking a Contractor to provide equipment rental services for Mobile Elevating Work Platform (MEWP) equipment, etc. A complete list of the equipment can be found in Attachment 3, Contractor Rate Sheet. The Contractor must provide delivery and pick up of the equipment to and from locations throughout California.

The Contractor will provide operator and safety training courses for all MEWP on the equipment list.

The contract term shall be for twenty-four (24) months.

More detailed information can be found in the Draft Standard Agreement (STD 213).

CARB’s budget for this project is Thirty Thousand Dollars and Zero Cents ($30,000.00). Bids exceeding this amount may be deemed non-responsive and ineligible for award.

The State reserves the option to renew the Contract for up to one (1) additional twelve (12) month period (one (1) year). If at the State’s sole discretion, the optional year is granted, the State may amend the Agreement to include the additional year of services.

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 the 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. IFB Key Action Dates

Below is the tentative time schedule for this IFB. The CARB 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.

i. CARB reserves the right to modify or cancel, in whole or part, this solicitation.

ii. Clarifications to solicitation will be given only in the form of addenda to all bidders.

Time Schedule Date Time (PST)

IFB Posted on Cal eProcure March 26, 2025 N/A Deadline for Submission of Written Questions April 2, 2025 5:00 PM Responses to Questions Posted April 7, 2025 N/A

Bid Submission Due April 16, 2025 1:00 PM

Bid Opening [Virtual] April 16, 2025 2:00 PM

Notice of Intent to Award [posted for 5 days] April 17, 2025 N/A

Estimated Contract Start Date May 15, 2025 N/A

Written questions must be submitted via electronic mail by the date and time indicated in Section II.A., 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.

All questions or concerns related to the IFB must be directed electronically to:

Contact: Domunique Tyler Email: Domunique.Tyler@arb.ca.gov

B. Submission of Bid

1. All bids RECEIVED by CARB must be submitted electronically and sent to CARB by the date and time shown in the time schedule in Section II. A., “IFB Key Action Dates.”

2. 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.A., “IFB Key Action Dates” will be rejected by CARB as not complying with a mandatory requirement of this IFB.

3. Bids must be submitted no later than the date and time indicated under Section II. A.

Key Action Dates and file size cannot exceed 50 Mega Bytes (MB).

4. The naming convention of the bid must be in the following format: “IFB 24ED003 [insert vendor name] Bid.”

5. Bids must be submitted to the following addresses:

https://caleprocure.ca.gov/

Purchasing@arb.ca.gov CC: Domunique.Tyler@arb.ca.gov

6. Bids received after this date and time will be rejected.

C. 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.

D. 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 CARB. 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, the 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 CARB Contract Analyst identified in the solicitation by email, 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 CARB.

5. Before submitting a response to the IFB, the bidder should review their response, correct all errors, and confirm compliance with the IFB requirements. It is the bidder's responsibility to complete and submit all required attachments as listed on Required Attachment Checklist, Attachment 1.

6. Bidder must complete and submit Bid/Bidder Certification Sheet, Attachment 2.

7. Bidder must complete and submit Contractor Rate 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.

8. References must be provided using Bidder References, 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.

9. Bidder must complete and submit to CARB, the Payee Data Record (STD 204), Attachment 5, to determine if the selected bidder is subject to State income tax withholding, mailto:Purchasing@arb.ca.gov pursuant to California Revenue and Taxation Code, Section 18662. This form can be found on the Internet at http://www.documents.dgs.ca.gov/dgs/fm c/pdf/std204.pdf. Contract payment cannot be made unless a completed STD 204 and/or Payee Data Record Supplement (STD 205), (if applicable) Attachment 6, has been returned to CARB. This form can be found on the Internet at https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf.

10. 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: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language. The bidder must sign and return CCCs, Attachment 7.

11. The bidder must complete and submit Bidder Declaration Form (GSPD-05-105), Attachment 8.

12. The bidder must complete and submit the Darfur Contracting Act Certification (DGS PD 1), Attachment 10.

13. Generative Artificial Intelligence (GenAI)

The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

Bidder / Offeror must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) §

4986.2 Definitions for GenAI.

Failure to report GenAI to the State may result in disqualification. The State reserves the right to seek any and all relief to which it may be entitled to as a result of such non-disclosure.

Upon notification by a Bidder / Offeror of GenAI as required, the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the State.

Government Code 11549.64 defines “Generative Artificial Intelligence (GenAI)” as an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system’s training data.

14. 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.

15. The bidder must own and operate a legitimate business. If required by law, the bidder must be registered and in good standing with the California Secretary of State. All businesses that are required to be registered with the Secretary of State must be registered prior to date of Agreement award. Evidence of registration shall be submitted with bid.

http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language

16. In the event that any license(s) and/or permit(s) expires 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.

E. Minimum Bidder Qualifications

The bidder must provide a detailed response, outlining information as to how the bidder meets each of the minimum qualifications listed below. The bidder must provide their detailed response on Attachment 11, Detailed Response for Minimum Qualifications. Bids that do not meet the minimum qualifications may be determined non-responsive and ineligible for award.

1. CARB requires that the Bidder have sufficient rental locations to provide equipment rental pick up or delivery to any location in the state of California requested by CARB within five (5) days of the request. Addresses of locations must be provided.

2. The Bidder must have two (2) years of experience working with a government agency.

3. The Bidder must have at least three (3) years of experience providing equipment training as outlined in the Draft Standard Agreement, Exhibit A, Scope of Work.

F. General Requirements

1. Insurance Requirements

It is the bidder’s responsibility to provide insurance and endorsements as described in the Draft Standard Agreement, Exhibit D, Special Terms and Conditions, if selected for award.

2. Subcontracts/Subcontractors

If subcontractors are to be used, the bidder must include the description of each person or firm and the work to be done by each subcontractor in Bidder Declaration (GSPD-05-105), Attachment 8. Subcontractors, if any, must be identified and their qualifications.

3. COVID-19 Prevention Contractor Self-Certification

As part of CARB’s ongoing efforts to protect the health and safety of its employees, CARB is requesting all vendors/contractors who perform work in person or on site to provide certification that the vendor’s/contractor’s employees and subcontractors have provided documentation to the vendor/contractor that the employees are either fully vaccinated against COVID-19 (as defined by the CDC), or have obtained a negative COVID-19 test result within seventy-two (72) hours of in-person or on-site work. The vendor/contractor does not need to provide the documentation of employees’ or subcontractors’ vaccination status or negative test result to CARB. If no employees or subcontractors of the vendor/contractor will interact with any CARB employees or perform work on site, CARB requests the vendor/contractor certify to this effect.

Additionally, all contractors who perform services under a contract with CARB are expected to, at their own expense, comply with all applicable health and safety laws and regulations.

This includes, but is not limited to, all laws, regulations, and public health orders related to the COVID-19 pandemic. Bidder must sign and submit to CARB, the COVID-19 Prevention Contractor Self-Certification, Attachment 12.

G. Location

Bidder and subcontractor(s) must be able to provide service to all locations listed in the Scope of Work within the timeframe listed in the Scope of Work.

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 will be rejected if any such defect or irregularity constitutes a material deviation from the IFB requirements.

3. CARB 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 with the IFB requirements. If a bid fails to meet any IFB requirements, CARB 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.A., “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 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 or electronic 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 virtually opened and read promptly at the time and place indicated in the

IFB, as stated in the table in Section II.A., “IFB Key Action Dates.”

The bids will be virtually publicly opened and read on Microsoft Teams:

April 16, 2025 at 2:00 P.M. PST

Join the meeting now Meeting ID: 279 967 379 902 Passcode: Am2Kh9xJ

Dial in by phone +1 916-538-5111,,596987692# Find a local number: Find a local number

Phone conference ID: 596 987 692#

The Agreement will be awarded to the lowest responsive, responsible Proposer meeting the requirements outlined in this IFB.

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. CARB 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 CARB and will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.).

L. Selection and Award

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

2. Upon written request by any bidder who has submitted a bid, notice of the proposed award shall be posted at least five working days prior to awarding the contract.

Notice of the proposed award shall be posted on Cal eProcure at https://caleprocure.ca.gov/pages/index.aspx and online at https://www.arb.ca.gov/personnel/contracts/contractsoutside.htm

3. 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 email five (5) working days prior to the award of the agreement.

4. Bidders may protest the proposed award(s) by filing a notice of protest with CARB and the

Department of General Services (DGS), Office of Legal Services (OLS).

5. Protest notices should contain full contact information, including an email address, and must be filed with:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZjExZDBkZDktMGEyYi00ZTAzLWE2ZjktZmQwMmVlYzA1ZmMz%40thread.v2/0?context=%7b%22Tid%22%3a%229de5aaee-7788-40b1-a438-c0ccc98c87cc%22%2c%22Oid%22%3a%225e609df9-2928-45b3-b2d8-efbe2ac810a9%22%7d tel:+19165385111,,596987692 https://dialin.teams.microsoft.com/8c4f4386-dd49-4e1f-96ef-010b6a436625?id=596987692 https://caleprocure.ca.gov/pages/index.aspx https://www.arb.ca.gov/personnel/contracts/contractsoutside.htm

Acquisitions Branch:

Alice Kindarara – IFB 24ED003 1001 I Street, 20th Floor Sacramento, CA 95814 Phone Number: (279) 386-9439 Purchasing@arb.ca.gov

Department of General Services Office of Legal Services Attention: Bid Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605 Bid Protest Coordinator email address:

OLSProtests@dgs.ca.gov

6. Within five (5) calendar days after filing the protest notice, the protesting bidder shall file with

DGS, OLS and CARB a detailed written statement specifying the grounds for the protest.

7. The Agreement(s) shall not be awarded until either the protest has been withdrawn or the

State has decided the matter.

8. The 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.

9. Such award, if made, will be made within sixty (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, CARB may award the contract to the next lowest responsive, responsible bidder.

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 may be considered a counter proposal and may 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:

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources- List-Folder/Standard-Contract-Language 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 mailto:Purchasing@arb.ca.gov mailto:OLSProtests@dgs.ca.gov https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language

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

This solicitation does not require a minimum amount of California Disabled Veteran Business Enterprise (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 8, and confirmed by the State.

The incentive amount varies in conjunction with the percentage of DVBE participation in accordance with the DVBE Bid Incentive Instructions, Attachment 9.

Confirmed DVBE Participation of: DVBE Incentive:

1% to 1.99% inclusive 1% 2% to 2.99% inclusive 2% 3% to 3.99% inclusive 3% 4% to 4.99% inclusive 4%

5% or Over 5%

Bidders claiming the DVBE incentive must complete and return the Disabled Veteran Business Enterprise Declarations form (STD 843) found at:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf

2. Small Business (SB) or Microbusiness (MB) Preference (Optional)

If bidder is claiming the 5% certified SB or MB preference or is committing to subcontract 25% or more of their net bid price to one or more Certified SBs or MBs, complete Attachment 8, Bidder Declaration (GSPD-05-105), and attach a copy of the certification.

Additional References: https://www.dgs.ca.gov/PD/

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.

SB or MB bidders or bidders using the non-SB preference shall be granted a preference consisting of 5% of the bid price of the lowest responsive bidder that is not a SB.

O. Darfur Contracting Act Certification (DGS PD 1) (Mandatory Submittal)

Public Contract Code Sections 10475-10481 applies to any company that currently or within the previous three (3) 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 (DGS PD 1), Attachment 10..

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf https://www.dgs.ca.gov/PD/

IFB No. 24ASD010

DRAFT STANDARD AGREEMENT (STD 213)

EXHIBIT A

SCOPE OF WORK

A. PURPOSE

The California Air Resources Board’s (CARB) mission is to protect the public from the harmful effects of air pollution. Identifying noncompliant commercial vehicles is a critical element in achieving this mission. To accomplish this, CARB Enforcement Division (ED) is installing a network of Roadside Emissions Monitoring Devices (REMD) throughout the State of California. The first phases of the network will be comprised of REMD installed at Commercial Vehicle Enforcement Facilities (CVEF).

CVEF are commonly referred to as California Highway Patrol (CHP) Weigh Scales. REMD may be installed at other sites throughout California that will require equipment for the installations. CARB expects to install twenty-five (25) REMD during the period of this contract.

In order to install REMD, CARB requires the use of mechanical elevated work platforms (e.g. scissor and boom lifts) as well as traffic barricades and large diesel generators. The Contractor shall provide rental services for this equipment, a complete list of the equipment can be found in Exhibit B, Attachment 1, Contractor Rate Sheet. The Contractor must provide operator and safety training courses for all mechanical elevated work platforms on the equipment list.

B. SCOPE OF WORK

Contractor shall provide rental equipment outlined in this agreement and included in Exhibit B, Attachment 1, Contractor Rate Sheet. The Contractor is required to provide all necessary materials, supplies, tools, and equipment to operate the rental equipment.

The Contractor shall provide delivery and pick up of the equipment to and from locations throughout California as requested by CARB.

Contractor shall provide CARB staff with safe operational training on all pieces of equipment.

C. LOCATION

CARB requires that Contractor have sufficient rental locations to provide all equipment outlined in Exhibit B, Attachment 1, Contractor Rate Sheet for pick up or delivery to any location in the state of California requested by CARB within five (5) days of the request.

D. SERVICE HOURS

The services will be provided at an agreed upon time, 6:00 AM to 4:00 PM (PST), Monday through Friday, excluding state observed holidays found at CalHR Holidays unless otherwise required under emergency circumstances. CARB will notify the Contractor a minimum of five (5) business days in advance to set pick-up and delivery dates, times, and location.

E. CONTRACTOR RESPONSIBILITIES

1. Contractor shall provide services as outlined in this Agreement.

2. Contractor and its subcontractors shall keep informed of, observe, comply with, and cause all of its agents and employees to observe and to comply with all prevailing Federal, State, and local laws, and rules and regulations made pursuant to said Federal, State, and local laws, which in any way https://www.calhr.ca.gov/employees/pages/state-holidays.aspx affect the conduct of the work of this Agreement. If any conflict arises between provisions of the plans and specifications and any such law above referred to, then Contractor shall immediately notify the State in writing.

3. Pick-Up and Delivery

a. CARB shall pick-up requested equipment from the closest location to Riverside, Sacramento or a designated agreed upon job site within five (5) business days or a mutually agreed upon timeframe.

b. If CARB cannot pick-up requested equipment from the closest location to Riverside, Sacramento or the job site, Contractor shall deliver the requested equipment to the requested job site within five (5) business days or a mutually agreed upon timeframe.

c. All equipment shall be rented exclusive of damage waiver provisions.

d. Contractor shall provide equipment with a full fuel tank, coolant and oil tanks. CARB will provide fuel, oil and coolant thereafter to operate equipment while in its possession.

e. Contractor must obtain a signature and date from the CARB Contract Manager or designee upon pick-up or delivery of rental equipment enabling CARB Contract Manager or designee to determine acceptability of equipment quality and operability.

f. Contractor shall, upon CARB request, provide a preoperational familiarization with CARB personnel to ensure all safety features are operational, to ensure proper operation of equipment upon pick-up, and to verify any damage on equipment was not caused by CARB personnel. This preoperational familiarization shall be a brief overview of specific model of equipment when it is picked-up or delivered (i.e. location of on/off switch, safety features particular to the model, etc.). This would be separate from the formal training described herein.

g. Contractor or Contractor’s personnel shall not cause undue interference with the operations of any State of California personnel.

h. Each piece of mobile equipment shall be equipped with the appropriate 10-lb. fire extinguisher, and an equipment operation manual.

i. Upon pick-up and drop-off of rental equipment, any apparent damage to the equipment must be noted and immediately reported to CARB Contract Manager.

4. Equipment Maintenance

a. Contractor shall ensure that all safety inspections are conducted on the equipment that is to be used by CARB. The Contractor shall ensure that equipment meets the manufacturer’s specification for safe operation.

b. Contractor shall provide all labor, materials and supplies to keep rental equipment in good working order. Contractor is responsible for all maintenance, repairs, adjustments, and parts required for equipment maintenance and/or repairs at all times.

c. Scheduled maintenance shall not be conducted at any CARB jobsite. In the event that unplanned maintenance is required, Contractor shall assume responsibility for all labor, materials and supplies to return the unit to working order. Any malfunction of rental equipment must be resolved within twenty-four (24) hours of notification to Contractor by CARB. On-site repairs will only be conducted for minor repairs. In the event major repairs are required the unit shall be replaced with a comparable, operable unit. Contractor shall be responsible for all costs associated with replacing malfunctioning unit including transportation costs of the replacement equipment to and from the job site.

d. Contractor shall be given full and adequate access to the equipment at CARB specified jobsite during normal business hours, for all repairs due to equipment breakdown.

5. Services Provided on State Grounds

a. Contractor, their personnel, subcontractors, and anyone else affiliated with this Agreement must present a valid picture identification (e.g., driver license or identification card issued by a state Department of Motor Vehicle, military card, transportation Worker Identification Card (TWIC) card, company badges are not valid) to authorized personnel in order to be admitted into secured areas.

b. Contractor understands and agrees that CARB reserves the right to limit or restrict the equipment, including but not limited to, tools, their personnel, subcontractors, and anyone else affiliated with this Agreement may bring on grounds. In no way shall CARB be held liable or accountable for tools misplaced or left behind.

c. Contractor, their personnel, subcontractors, and anyone else affiliated with this Agreement shall not possess or use any tobacco products, (including smokeless tobacco) on CARB grounds (Welfare and Institutions Code Section 4138).

d. Contractor and its subcontractors shall procure and keep in full force and effect during the term of this Agreement all permits, registrations and licenses necessary to accomplish the work specified in this Agreement and shall give all notices necessary and incident to the lawful prosecution of the work. Contractor shall provide proof of any such license(s), permits(s), and certificate(s) upon request by CARB. Contractor agrees that failure by itself or its subcontractors to provide evidence of licensing, permits, or certifications shall constitute a material breach for which CARB may terminate this Agreement with cause.

6. Training

a. Contractor shall provide up to four (4) operational and safety trainings that cover the use of the equipment listed in Exhibit B, Attachment 1, Contractor Rate Sheet.

b. All trainings will cover safe operation of equipment. Equipment in the same equipment category may be touched on in the same instruction using a similar piece of equipment.

Trainings must include hands-on trainings and a final evaluation. Upon successful completion of the training CARB trainees must be provided with an operator certification specific to the equipment they are certified on.

i. Training 1: This training will occur at a location within 50 miles of the CARB Riverside office location, 4001 Iowa Avenue, Riverside, CA 92507, between the hours of 8:00AM and 5:00 PM (PST). This location will be referred to as the Riverside Area. This training will occur within 30 days of contract execution at an agreed upon date and time. This training will be held at the Contractor’s equipment rental locations where access to all pieces of equipment listed in Exhibit B, Attachment 1, Contractor Rate Sheet. If all equipment is not available, at a minimum, one (1) piece of equipment from each equipment category must be available.

ii. Training 2: This training will occur at a location within 50 miles of the CARB Sacramento office location, 8340 Ferguson Avenue, Sacramento, CA 95828, between the hours of 8:00AM and 5:00PM (PST). This location will be referred to as the Sacramento Area. This training will occur within 30 days of contract execution at an agreed upon date and time.

This training will be held at the Contractor’s equipment rental locations where access to all pieces of equipment listed in Exhibit B, Attachment 1, Contractor Rate Sheet. If all equipment is not available, at a minimum, one (1) piece of equipment from each equipment category must be available.

iii. Training 3: This training will occur within 60 days of contract expiration at a mutually agreed upon date and time at the Riverside Area. This training will be held at the Contractor’s equipment rental locations where access to all pieces of equipment listed in Exhibit B, Attachment 1, Contractor Rate Sheet. If all equipment is not available, at a minimum, one (1) piece of equipment from each equipment category must be available.

iv. Training 4: This training will occur within 60 days of contract expiration at a mutually agreed upon date and time at the Sacramento Area. This training will be held at the Contractor’s equipment rental locations where access to all pieces of equipment listed in Exhibit B, Attachment 1, Contractor Rate Sheet. If all equipment is not available, at a minimum, one (1) piece of equipment from each equipment category must be available.

F. CARB RESPONSIBILITIES

1. CARB Contract Manager will notify the Contractor when there is a request for equipment to be picked up or delivered. CARB will provide a minimum of five (5) business days prior to pick-up or delivery of rental equipment. Arrangements for pick-up or delivery will be made at this time and agreed upon by all parties.

2. CARB Contract Manager and/or designee will inspect the equipment upon pick-up or delivery of equipment to confirm that it is in good condition, without defects, and if equipped with operating and safety instructions.

3. CARB will either return the equipment to the Contractor’s rental location or contact the proper rental location for pick up upon completion of the work.

4. CARB agrees to return the equipment in good condition subject to reasonable wear and tear.

5. CARB shall be responsible for refilling fuel tank on rental equipment upon completion of service and return of equipment. If CARB fails to refill fuel tank, Contractor must notify CARB Contract Manager at time of drop off and may add the standard published fuel rates to the invoice.

G. PERFORMANCE MEASURES

1. Complete and Timely Provision of Services

a. Expectations: Contractor is expected to provide all services in a timely manner – in accordance with timelines established in Exhibit A, Scope of Work.

H. CONTRACT REPRESENTATIVES

The Contract Representatives during the term of this Agreement will be:

California Air Resources Board Contractor:

Section/Unit: Enforcement Division, Freight

Hub Enforcement Section Section/Unit:

Attention: Brad Penick Attention:

Address: 8340 Ferguson Avenue, Sacramento, CA 95828 Address:

Phone: 279-208-7268

Phone:

Email: Bradley.penick@arb.ca.gov Email:

California Air Resources Board Contractor:

Section/Unit: Enforcement Division, Freight

Hub Enforcement Section Section/Unit:

Attention: Brad Penick Attention:

Address: 8340 Ferguson Avenue, Sacramento, CA 95828

Address:

Phone: 279-208-7268

Phone:

Email: Bradley.penick@arb.ca.gov Email:

Direct all inquiries to the Contract 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.

mailto:Bradley.penick@arb.ca.gov mailto:Bradley.penick@arb.ca.gov

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

A. INVOICING & PAYMENT

1. For services satisfactorily rendered, upon receipt and approval of an invoice(s) for each completed task and deliverable, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with Exhibit B, Attachment 1 – Contractor Rate Sheet.

2. Contractor shall submit one (1) copy of each invoice. Invoices must include the Agreement

Number and must be submitted not more frequently than monthly in arrears to:

Accounting Section 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 AND PER DIEM

There shall be no reimbursement for travel or per diem for this Agreement mailto:accountspayable@arb.ca.gov

EXHIBIT B, ATTACHMENT 1

CONTRACTOR RATE SHEET

This page is intentionally blank. This is a placeholder for the Contractor Rate Sheet.

Rates listed in Attachment 3 – Contractor Rate Sheet shall 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 CARB within ten (10) days of discovery of the problem. Within ten (10) days, CARB shall meet with the Contractor and Contract 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 the State gives the 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, the State reserves the right to terminate this Agreement in whole or in part at its sole discretion at any time upon thirty (30) days prior written notice to Contractor.

2. After receipt of a Notice of Termination, and except as directed by the State, the Contractor shall immediately stop work, regardless of any delay in determining or adjusting any amounts due under this clause.

3. In the case of early termination, Contractor must submit one (1) original and one (1) copy of a final invoice within thirty (30) calendar days upon date of written notice. The final invoice shall cover all unpaid services to termination date, following the invoice requirements of this Agreement. Final invoice shall be submitted to the address listed on Exhibit B, Budget Detail and Payment Provisions.

4. Upon receipt of the final 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 at the rates set forth in the contract.

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. The State reserves the option to renew the Contract for up to one (1) additional twelve

(12) month period (one (1) year). If at the State’s sole discretion, the optional year is granted, the State may amend the Agreement to include the additional year of services.

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 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…