IFB_Final.pdf

Matthew Rodriquez Secretary for

Environmental Protection

Air Resources Board Mary D. Nichols, Chair

1001 I Street • P.O. Box 2815 Sacramento, California 95812 • www.arb.ca.gov

Edmund G. Brown Jr.

Governor

INVITATION FOR BID

Notice to Prospective Bidders

IFB No. 15TTD006

January 26, 2016

You are invited to review and respond to this Invitation for Bid (IFB) No. 15TTD006, entitled, “Emissions Testing of non-PFOS Fume Suppressants used in Chrome Plating Applications.”

In submitting your bid, you must comply with the instructions found herein.

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

The Air Resources Board (ARB) deadline for receipt of bids is February 17, 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: Amanda Benitez 1001 I Street, 20th Floor Sacramento, CA 95814

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

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

Contact: Amanda Benitez Phone: (916) 323-2238 Email: amanda.benitez@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. Bid Rejection H. Signature I. Bid Opening and Evaluation J. Disposition of Bids K. Selection and Award L. Standard Conditions of Service M. Socio-Economic and Preference Programs N. Darfur Contracting Act Certification

DRAFT STANDARD AGREEMENT

Standard Agreement (STD 213) Exhibit A – Scope of Work Exhibit A – Attachment 1 Exhibit B – Budget Detail and Payment Provisions Exhibit B – Attachment 1 Exhibit D – Special Terms and Conditions Exhibit E – Additional Provisions Exhibit F – Final Report Format

ATTACHMENTS

1. Required Attachment Checklist

2. Bid/Bidder Certification Sheet

3. Contractor Cost Sheet 4 Bidder References 5 Payee Data Record (STD 204)

6. Contractor Certification Clauses (CCC 307)

7. Bidder Declaration (GSPD-05-105)

8. DVBE Bid Incentive Instructions

9. Darfur Contracting Act Certification

I. SCOPE OF WORK

The Air Resources Board (ARB) is seeking a Contractor to conduct testing to determine the amount of chrome being emitted from a chrome plating tank when using non−Perfluorinated Octane Sulfate (PFOS) fume suppressants under both continuous and intermittent testing conditions. The Contractor shall conduct four (4) tests on a tank(s) to determine the level of chrome emissions for non-PFOS fume suppressants from either decorative operating or hard chrome plating operation or both. Location of the test shall be later determined by the Contractor and ARB’s Project Manager. The Contractor shall test according to the procedure specified in the technical guidance document “Measurement of Hexavalent Chromium Emissions from Chromium Plating and Chromic Acid Anodizing Operation for Certification of Wetting Agent Chemical Mist Suppressants Subject to SCAQMD Rule 1469,” June 18, 2013.

Contract term shall be from February 26, 2016 through March 31, 2018.

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

ARB’s budget for this project is $25,000. Bids exceeding this amount shall be deemed non responsive and ineligible for award.

II. BID INSTRUCTIONS AND INFORMATION

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

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

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

A. Responsive and Responsible Bidder

1. Responsive and Responsible

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

a. Definition of Responsive/Compliant Bid:

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

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

b. Definition of Responsible Bidder/Bidder:

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

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

B. IFB Key Action Dates

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

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

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

Time Schedule Date Time

IFB Posted on Bidsync January 27, 2016 N/A

Deadline for Submission of Written Questions February 2, 2016 3:00 p.m.

Responses to Questions Posted February 8, 2016 3:00 p.m.

Bid Submission Due / Opening of Bids February 17, 2016 3:00 p.m.

Estimated Contract Start Date February 26, 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.

https://caleprocure.ca.gov/

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

Amanda Benitez Tel: (916) 323-2238

Email: amanda.benitez@arb.ca.gov

C. Submission of Bid

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

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

IFB 15TTD006 BID: DO NOT OPEN

Air Resources Board Contract Services Section Attn: Amanda Benitez, Contract Analyst

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

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

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

4. Mail or deliver bids to the following address:

Contract Services Section Attn: Amanda Benitez, Contract Analyst

D. Bid Submission Withdrawal

A bidder may modify a bid after its submission by withdrawing its original bid and resubmitting a new bid prior to the bid submission deadline. Bidder modifications offered in any other manner, oral or written, will not be considered.

E. Bidder Responsibilities

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

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

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

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

5. Bidder must complete and submit Contractor Cost Sheet, Attachment 3.

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

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

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

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

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

ARB.

8. Bidder is responsible for reviewing, reading, understanding, and complying in full with the State’s General Terms and Conditions along with the Contractor Certification Clauses (CCCs) at: www.dgs.ca.gov/ols/Resources/standardcontractlanguage.aspx.

The bidder must sign and return CCCs, Attachment 6.

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

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 http://www.dgs.ca.gov/ols/Resources/standardcontractlanguage.aspx businesses must be registered with the Secretary of State or appropriate State jurisdiction prior to date of contract award. Evidence of registration will be from the Secretary of State’s website: http://kepler.sos.ca.gov/

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

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

F. Minimum Bidder Qualifications

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

1. The Lead Consultant must have a minimum of ten (10) years of experience in source testing.

a. Bidder must be listed for methods 1 through 5 on the Air Resources Board approved independent contractor list under section 91027, Title 17, OR the South Coast Air Quality Management District’s approved laboratories list.

b. Bidder must have experience in at least one of the following test methods:

California Air Resources Board Test Method 425, United States Environmental Protection Agency Method 306, South Coast Air Quality Management District Method 205.1. Bidder must submit documentation of relevant experience and include résumé(s).

c. The Bidders analytical laboratory must be able to support a limit of quantitation (LOQ) of 0.2 ng/ml of sample solution (ppb) by ion chromatography for Cr6+.

2. The Lead Consultant must have, at a minimum, conducted at least one (1) fume suppressant test under California’s fume suppressant certification program and must have been certified to meet the 0.01 mg/amp-hour as required under California State law.

The Bidder must submit a hard copy or digital copy of each consultant report, or a portion thereof sufficient to document the Bidder’s direct role in development of the consulting work product.

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

G. Bid Rejection

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

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

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

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

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

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

H. Signature

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

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

I. Bid Opening and Evaluation

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

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

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

J. Disposition of Bids

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

K. Selection and Award

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

2. Whenever an agreement is awarded under a procedure which provides for competitive bidding, but the agreement is not to be awarded to the low bidder, the low bidder shall be notified by facsimile transmission, overnight courier, or personal delivery five (5) working days prior to the award of the agreement.

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

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

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

Contract shall be signed by bidder and returned within five (5) working days of receipt. If lowest responsive, responsible bidder refuses or fails to execute the contract, ARB may award the contract to the next lowest responsive, responsible bidder.

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

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

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

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

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

L. Standard Conditions of Service

1. Services shall be available on the express date set by the awarding agency and the Contractor, after all approvals have been obtained and the agreement is fully executed.

Should the Contractor fail to commence work at the agreed upon time, the awarding agency, upon five (5) days written notice to the Contractor, reserves the right to terminate the agreement. In addition, the Contractor shall be liable to the State for the difference between contractor's bid price and the actual cost of performing work by the second lowest bidder or by another contractor.

2. All performance under the agreement shall be completed on or before the termination date of the agreement.

3. The State does not accept alternate contract language from a prospective contractor. A bid with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) and Contractor Certification Clauses (CCC) are not negotiable. The GTC and CCCs are included in the sample agreement attached to this package and may also be viewed at the Internet site:

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

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

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

M. Socio-Economic and Preference Programs

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

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

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

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

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

Confirmed DVBE Participation of: DVBE Incentive:

5% or Over 5% 4% to 4.99% inclusive 4% 3% to 3.99% inclusive 3% 2% to 2.99% inclusive 2% 1% to 1.99% inclusive 1%

2. Small Business or Microbusiness Preference (Optional)

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

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

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

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

N. Darfur Contracting Act Certification (Mandatory Submittal)

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

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

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

STANDARD AGREEMENT EXHIBIT A

STD 213 (Rev 06/03) DRAFT STANDARD AGREEMENT AGREEMENT NUMBER

15TTD006

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

(Contractor)

2. The term of this Agreement is: through

3. The maximum amount of this Agreement is: $

4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement.

Exhibit A – Scope of Work 3 pages

Exhibit A, Attachment 1 – Technical Guide 49 pages Exhibit B – Budget Detail and Payment Provisions 1 page Exhibit B, Attachment 1 − Contractor Cost Sheet 1 page Exhibit C* – General Terms and Conditions (GTC 610) Online Exhibit D – Special Terms and Conditions 4 pages

Exhibit E – Additional Provisions 2 page

Exhibit F – Final Report Format 5 pages Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto. The documents can be viewed at www.ols.dgs.ca.gov/Standard+Language 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

EXHIBIT A

SCOPE OF WORK

A. PURPOSE

On September 19, 2012, the United States Environmental Protection Agency (U.S. EPA) published the final amendments to the National Emission Standards for Hazardous Air Pollutants – Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks.

U.S. EPA actions phased out the use of perfluorinated octane sulfonate (PFOS) in fume suppressants. As a result, the Air Resources Board (ARB) is proposing to make amendments to the Hexavalent Chromium Airborne Toxic Control Measure for Chrome Plating and Chromic Acid Anodizing Operations (Chrome Plating ATCM) to align with U.S. EPA’s amended rule.

However, ARB’s testing has shown that non-PFOS fume suppressants have not been able to meet ARB’s certification limit. ARB has significant concerns with the current non PFOS products on the market. Test data indicates that the use of non-PFOS fume suppressants could cause an increase in hexavalent chromium emissions at chrome plating facilities. Hexavalent chromium is one of the most toxic compounds identified by the ARB and can cause cancer and other health concerns if exposure occurs. Because manufacturers will be required to phase out PFOS in fume suppressants, additional testing is needed to certify a non-PFOS fume suppressant. ARB is working with manufacturers on reformulating products to find a suitable non-PFOS product that is able to meet our certification limit.

The Contractor shall conduct testing to determine the amount of chrome being emitted from a chrome plating tank when using non-PFOS fume suppressants from using either a continuous or intermittent plating process or both. This work will support ARB’s upcoming amendments to the Chrome Plating ATCM. The Contractor will conduct four (4) tests on a tank(s) to determine the level of chrome emissions for non-PFOS fume suppressants. One (1) test may include the addition of polyballs, which is a mechanical control device to determine if the combination of both the non-PFOS fume suppressant and polyballs can meet the certification limit. The Contractor shall test according to the procedures specified in the technical guidance document “Measurement of Hexavalent Chromium Emissions from Chromium Plating and Chromic Acid Anodizing Operations for Certification of Wetting Agent Chemical Mist Suppressants Subject to SCAQMD Rule 1469,” June 18, 2013. The technical guidance document can be found in Exhibit A, Attachment 1 – Technical Guide.

B. SCOPE OF WORK

The Contractor will conduct four (4) tests on non-PFOS fume suppressants at a location to be determined by the Contractor and ARB staff. The Contractor will test according to the procedures specified in the technical guidance document “Measurement of Hexavalent Chromium Emissions from Chromium Plating and Chromic Acid Anodizing Operations for Certification of Wetting Agent Chemical Mist Suppressants Subject to SCAQMD Rule 1469”, June 18, 2013.

The following is a list of deliverables and estimated timeframes for completion:

Task 1:

Tests 1-4: Source Test Protocols and Source Tests - Develop draft and final source test protocols to be approved by ARB staff. Each protocol shall include the testing plan including specified surface tensions. The Contractor will test according to the procedures specified in the technical guidance document “Measurement of Hexavalent Chromium Emissions from Chromium Plating and Chromic Acid Anodizing Operations for Certification of Wetting Agent Chemical Mist Suppressants Subject to SCAQMD Rule 1469,” June 18, 2013 (Exhibit A, Attachment 1 – Technical Guide).

Deliverables:

1. The source test protocols shall include, but not limited to, a description of the facility location, test objectives, testing methodology and test procedures.

2. Contractor shall locate and work with industrial facilities to conduct testing as specified in the final source test protocols. Contractor shall send samples to a laboratory for analysis. Such laboratory shall be determined by the contractor but approved by ARB’s Project Manager. ARB staff will be notified at least three (3) weeks prior to the testing dates. Once testing is complete, the Contractor shall provide ARB with the preliminary results.

3. Timeline: February 15, 2016 – June 30, 2016

Task 2:

Draft and Final Report – Summary of Results: The Contractor shall develop a draft and final report to be approved by ARB staff summarizing all results. The Contractor shall model the report style outline in Exhibit F – Final Report Format.

Deliverable:

1. Contractor shall submit a draft report for ARB review and approval followed by a final report.

The report shall include all test results and summarize the findings of the testing program.

The report shall include, but not limited to, the equipment and process description, testing methodology, results, and quality Assurance/Quality Control, summary of findings and conclusions.

2. Timeline: June 30, 2016 – August 30, 2016

C. PROJECT REPRESENTATIVES

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

Agency: Air Resources Board Contractor:

Division: Transportation Toxics Division Section:

Attention: Attention:

Address: 1001 I Street Sacramento, CA 95814

Address:

Phone: Phone:

Email: Email:

Direct all inquiries to the Project Managers.

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

EXHIBIT A, ATTACHMENT 1

TECHNICAL GUIDE

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

A. Invoicing and 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 costs specified in accordance with Exhibit B, Attachment 1 − Contractor’s Cost Sheet.

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

Accounting Section

P.O. Box 1436 Sacramento, California 95812

3. Progress payments are permitted for work performed under this Agreement. Ten percent (10%) of each invoiced amount shall be withheld pending final completion of the Agreement, and receipt and acceptance by the ARB Project Manager of a final invoice.

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 and per diem.

EXHIBIT B, ATTACHMENT 1

CONTRACTOR COST SHEET

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

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

A. Excise Tax

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

B. Settlement of Disputes

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

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

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

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

C. Potential Subcontractors

Nothing contained in this Agreement or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve the Contractor of his responsibilities and obligations hereunder. The Contractor agrees to be responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor’s obligation to pay its subcontractors is an independent obligation from the State’s obligation to make payments to the Contractor. As a result, the State shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.

D. Stop Work Order

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

E. Termination

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

2. In the case of early termination, Contractor shall submit one (1) original and one (1) copy of the invoice covering services to termination date, following the invoice requirements of this Agreement. A copy and description of any data collected up to termination date shall also be provided to State.

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

F. Amendments

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

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

G. Insurance Requirements

1. Commercial General Liability

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

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

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

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

2. Automobile Liability

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

The policy must include:

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

3. Workers’ Compensation and Employers’ Liability

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

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

4. Environmental/Pollution Liability

Contractor shall maintain pollution liability for limits not less than $1,000,000 covering the Contractor’s liability for bodily injury, property damage and environmental damage resulting from pollution and related cleanup costs incurred arising out of the work or services to be performed under this Agreement. Coverage shall be provided for both work performed on the site as well as proper disposal of hazardous materials. 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.

5. Professional Liability

Contractor shall maintain Professional Liability at $1,000,000 per occurrence and $2,000,000 aggregate covering any damages caused by a negligent error, act, or omission. The policy’s retroactive date must be displayed on the certificate of insurance and must be before the date this Agreement was executed or before the beginning of this Agreement work.

6. General Provisions Applying to all Policies

1. Coverage Term: Coverage needs to be in force for the complete term of the Agreement. If insurance expires during the term of the Agreement, a new certificate must be received by the State at least ten (10) days prior to the expiration of this insurance. Any new insurance must still comply with the original terms of the Agreement.

2. Policy Cancellation or Termination and Notice of Non-Renewal: Contractor shall provide to the State within five (5) business days following receipt by Contractor a copy of any cancellation or non-renewal of insurance required by this Agreement. In the event Contractor fails to keep in effect at all times the specified insurance coverage, the State may, in addition to any other remedies it may have, terminate this Agreement upon the occurrence of such event, subject to the provisions of this Agreement.

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

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

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

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

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

8. Satisfying an SIR: All insurance required by this contract must allow the State to pay and/or act as the contractor’s agent in satisfying any self-insured retention (SIR). The choice to pay and/or act as the contractor’s agent in satisfying any SIR is at the State’s discretion.

9. Available Coverages/Limits: All coverage and limits available to the contractor shall also be available and applicable to the State.

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

H. Force Majeure

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

EXHIBIT E

ADDITIONAL PROVISIONS

A. DVBE Audit

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

B. Confidentiality of State Information

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

Therefore, Contractor agrees to:

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

2. Ensure that Contractor’s employees, agents, representatives, and independent Contractors are informed of the confidential nature of such information and ensure by agreement or otherwise that they are prohibited from copying or revealing, for any purpose whatsoever, the contents of such information or any part thereof, or from taking any action otherwise prohibited under this Agreement.

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

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

C. Confidentiality of Data and Working Documents

1. Contractor shall not disclose data or documents or disseminate the contents of the final or any preliminary report without express written permission of ARB’s Contract Manager.

2. Contractor shall not comment publicly to the press or any other media regarding the data or documents generated, collected, or produced in connection with this Agreement, or ARB’s actions on the same, except to ARB staff, Contractor’s own personnel involved in the performance of this Agreement, at a public hearing, or in response to questions from a legislative committee.

3. Contractor shall require each of its employees or officers who will be involved in the performance of this Agreement to agree to the above terms.

4. Each subcontract shall contain the foregoing provisions related to the confidentiality of data and nondisclosure of the same.

D. Evaluation of the Contractor

Pursuant to Public Contract Code (PCC) Sections10367 and 10369, the Contractor providing consultant services of $5,000 or more shall be advised in writing that the performance will be evaluated. The evaluation shall be prepared on a Contract/Contractor Evaluation Sheet (STD.

4), within sixty (60) days after completion of the…