IFB_No._103357.pdf

June 12, 2024

TO PROSPECTIVE BIDDERS

SUBJECT: INVITATION FOR BID (IFB) No. 103357

Semi-Annual Preventative Fire Suppression Inspection and Maintenance Services And “As Needed” Repair Services Term: August 29, 2024 through August 28, 2026

The Employment Development Department invites you to submit your bid for the above service in accordance with the attached specifications.

Inspection of Premises

You may arrange to inspect the site(s) by calling Bob Holwell at (916) 654-8861 between 8 a.m. and 5 p.m., Monday through Friday. You should carefully and thoroughly inspect the site(s). If you submit a quote, it shall be presumed that you have carefully and thoroughly inspected the site(s) and are satisfied as to the conditions to be encountered.

If you wish to bid, see Instructions to Bidders. If you make any additions or modifications to the IFB package, it may result in the rejection of your bid. EDD reserves the right to reject any or all bids. Disabled Veteran Business Enterprise Participation and Incentive requirements are waived for this IFB.

Bids must be received and date stamped in the Contracts Services Group no later than:

June 26, 2024 by 3:00 p.m. (PST)

If you have any questions, please contact me at Derick.Lim@edd.ca.gov.

/s/DERICK LIM Contract Analyst

Enclosures

PO Box 826880 • Sacramento, CA 94280-0001 • edd.ca.gov mailto:Derick.Lim@edd.ca.gov

Time: 3:00 p.m. (PST)

Exhibit Pages

Instructions to Bidders

A Scope of Work

Attachment A-1, Specifications Attachment A-2, State of California Holiday Schedule……………….. 1

Attachment A-3, Asbestos Report………………………………………. 3

B Budget Detail and Payment Provisions……………………………………….. 2

C *General Provisions – 04/2017

D Special Terms and Conditions

Attachment D-1, Lessor Insurance Requirements

E STD 213, Sample Standard Agreement

F Cost Proposal

G Bidder Declaration

H Contractor Certification Clauses (CCC 04/2017)…………….…….………… 4

I Darfur Contracting Act Certification ………………………………….……..… 2

J Certification Regarding Debarment …………………………………………... 2

K STD 204, Payee Data Record………………………………………………….. 2

L STD 205, Payee Data Record Supplement…………………………………… 2

M STD 1000, Generative Artificial Intelligence Disclosure and Factsheet……. 4

*View at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language

Employment Development Department 722 Capitol Mall, MIC 62-C

P.O. Box 826880 Sacramento, CA 94280-0001

Invitation for Bid No. 103357

Bid Due Date: June 26, 2024 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

IFB No. 103357

STATE OF CALIFORNIA

EMPLOYMENT DEVELOPMENT DEPARTMENT

INSTRUCTIONS TO BIDDERS

Invitation for Bid (IFB) No. 103357

1. Submission of Bids

a. Failure to read these instructions, the Specifications, and the Terms and Conditions included in this bid package will be at the bidder's risk. Written instruction(s) regarding the submission of bids shall take precedence over any verbal instruction(s).

b. Bidders shall complete, sign, and return all of the following documents listed below: The exterior of your envelope must clearly be noted: “INVITATION FOR BID, DO NOT

OPEN IN MAIL ROOM, IFB NO. 103357”

✓ Exhibit F Cost Proposal and Calculations Worksheet

✓ Exhibit G Bidder Declaration

✓ Exhibit H Contractor Certification Clauses (CCC 04/2017)

✓ Exhibit I Darfur Contracting Act Certification

✓ Exhibit J Certification Regarding Debarment

✓ Exhibit K STD 204, Payee Data Record

✓ Exhibit L STD 205, Payee Data Record – Supplemental, if applicable

✓ Exhibit M STD 1000, Generative Artificial Intelligence Disclosure and Factsheet

✓ Copy of C-16 state Contractor’s License

✓ Copy of valid Business License/Tax Certificate

✓ Secretary of State Certification of Status, is required if your company is a Corporation, Limited Liability Company (LLC), or Limited Partnership (LP). (Refer to Registered To Do Business in California of these Instructions For Bidders).

c. Documents must be signed by an authorized representative of the bidder’s firm. The forms must be completed in ink or typewritten. If errors are made, they must be crossed out and corrections printed in ink or typewritten adjacent to error. Corrections must be initialed in ink by person signing the bid forms.

d. The EDD reserves the right to reject any or all bids and may waive any immaterial deviation or defect in the bid. The EDD’s waiver of any immaterial deviation or defect shall in no way modify the solicitation documents, or excuse the bidder from full compliance with the solicitation specification if awarded the contract. The EDD is not required to award an agreement.

e. Bid packages must be received and time stamped in Contract Services Group no later than 3:00 p.m. (PST) on the bid closing date of June 26, 2024. Signed copies of the sealed bid package are to be mailed or delivered to:

Regular, Overnight and/or Express Delivery:

Employment Development Department Mail Services 722 Capitol Mall, Room 2071 Sacramento, CA 95814 Attn: Derick Lim, MIC 62-C

Email Delivery:

Derick.Lim@edd.ca.gov

Bids received and time stamped after 3:00 p.m. (PST) on the bid closing date of June 26, 2024, will be considered "late" and will be returned to sender.

4. Online Small Business (SB) and Disabled Veteran Business Enterprise (DVBE) Certification Process

California’s SB and DVBE firms can now file their applications and get certified online via the Department of General Services website at: https://www.dgs.ca.gov/PD/Services/Page- Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business- Disabled-Veteran-Business-Enterprise. Small Businesses and DVBEs can access the numerous benefits that come along with certification in a more timely and efficient manner.

5. Replacement of Disabled Veteran Business Enterprise Subcontractors

If for this Agreement, Contractor made a commitment to achieve Disabled Veteran Business Enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Agreement (or within such other time period as may be specified elsewhere in this Agreement) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Agreement; (2) the name and address of the DVBE(s) that participated in the performance of the Agreement; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Agreement have been made to the DVBE(s), and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation (Military & Veterans Code section 999.5(d)).

Contractor understands and agrees that should award of this Agreement be based in part on their commitment to use the DVBE subcontractor(s) identified in their bid or offer, per Military and Veterans Code section 999.5(e), a DVBE subcontractor may only be replaced by another DVBE subcontractor and must be approved by the Department of General Services (DGS).

Changes to the scope of work that impact the DVBE subcontractor(s) identified in the bid or offer and approved DVBE substitutions will be documented by contract amendment.

Failure of Contractor to seek substitution and adhere to the DVBE participation level identified in the bid or offer may be cause for contract termination, recovery of damages under rights and remedies due to the State and penalties as outlined in Military and Veterans Code section 999.9; Public Contract Code section 10115.10 or P.C.C. § 4110 (applies to public works only).

mailto:Derick.Lim@edd.ca.gov https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise

6. Award of the Agreement

a. Award will be made to the lowest responsible bidder meeting specifications and offering to supply the services described. The firm submitting the lowest responsible bid may be required to submit evidence that they have available, as needed, sufficient resources to provide the necessary equipment and personnel to enable them to meet the requirements of the Contract, and may also be required to furnish information as to their financial responsibility.

b. It is understood and agreed that following the award of the Contract, the successful bidder shall agree to comply with all Exhibits attached herein, and provide the required documents requested (i.e., bonds, insurance certificates, etc.) in order for the EDD to complete the execution of a Standard Agreement (STD. 213).

c. Small Business/Microbusiness (SB/MB) and Small Business/Nonprofit Veteran Service Agency (SB/NVSA) Certification Preferences

A SB/MB and SB/NVSA Certification Preferences are applicable to the award of this contract.

(1) Certified SB/MB and SB/NVSAs may claim preference when submitting a bid on this Contract. The preference is equal to five percent (5%) of the lowest responsible bid.

When the lowest responsible bid is not submitted by a certified small business, the preference becomes applicable. Please note that the preference is used for computation purposes only (to a maximum amount of $50,000) in determining the successful bidder. It does not alter the amount of the resulting contract.

(2) To learn more about the SB/MB and SB/NVSA Preference Programs and how your business might qualify, contact the Office of Small Business and DVBE Services at

(916) 375-4940.

d. California Certified Small Business Subcontractor Preference

A five percent (5%) bid preference is available to a non-small business claiming twenty-five percent (25%) California certified small business subcontractor participation. If claiming the non-small business subcontractor preference, the bid response must include a list of the small business(es) with which you commit to subcontract in an amount of at least twenty-five percent (25%) of the net bid price with one or more California certified small businesses. Each listed certified small business must perform a “commercially useful function” in the performance of the contract as defined in Government Code section 14837(d)(4).

The required list of California certified small business subcontractors must be attached to the bid response and must include the following: 1) subcontractor name; 2) address;

3) phone number; 4) a description of the work to be performed and/or products supplied;

5) and the dollar amount or percentage of the net bid price (as specified in the solicitation) per subcontractor.

Bidders claiming the five percent (5%) preference must commit to subcontract at least twenty-five percent (25%) of the net bid price with one or more California certified small businesses. Completed certification applications and required support documents must be submitted to the Office of Small Business and DVBE Services no later than 5:00 p.m.

on the bid due date, and the Office of Small Business and DVBE Services must be able to approve the application as submitted. Questions regarding certification should be directed to the Office of Small Business and DVBE Services at (916) 375-4940.

7. Rejection of Bids

a. If the bid is received after the exact time and date as stipulated in the bid package, the bid shall be rejected.

b. If it is found that a bidder is not responsible (i.e., has not paid taxes; has no business license; has submitted a bid when the bidder’s license is suspended on the date of the bid opening and/or award of the Contract, or during the proposed term of the Agreement;

submitted a bid without an authorized signature; falsified any information in the proposal package or has provided poor performance on a previous contract with the EDD, etc.), the bid/proposal shall be rejected.

c. If it is found, upon license verification with the Contractor's State Licensing Board, that a bidder's license is suspended on the date of the bid opening and/or award of the contract, or during the proposed term of the Agreement, the proposal shall be considered nonresponsive and shall be rejected.

d. The EDD reserves the right to reject any and all bids and to waive any immaterial deviation or defect in the bid. The EDD’s waiver of any immaterial deviation or defect shall in no way modify the bid document or excuse the bidder from full compliance with the solicitation document specifications if awarded a Contract.

8. Tie Bids

In the event of a tie between two bidders, a coin toss will be used to determine the winner.

Any coin toss shall be observed by witnesses, and the tied bidders would be invited to have representatives present.

9. Subcontractors

No subcontracting will be allowed to circumvent competitive bidding. A certified Small Business/Microbusiness, Small Business/Nonprofit Veteran Service Agency or a certified Disabled Veteran Business Enterprise will only be permitted to subcontract in order to meet Department requirements and/or preferences. The subcontracting services and amount shall not exceed 25 percent (25%) of the bid. The Contractor shall be solely responsible for fulfilling the requirements of the bid. If it is anticipated that subcontractors will be used, the bid must include the name(s) of person(s) or firm(s), and must specify the portions and monetary percentages of the work to be done by them.

10. Subcontractors Substitution

If the EDD gives written approval to subcontract, Public Contract Code section 4107 authorizes an awarding authority to consent to substituting a subcontractor when the subcontractor listed in the bid fails or refuses to execute a written Contract for the Scope of Work specified in the subcontractor's bid, and at the price specified in the subcontractor's bid.

11. Disposition of Bids

All material submitted in response to this bid package will become the property of the EDD and will become a public record after Award.

12. Grounds For Protest

a. Those who may protest are as follows:

• For RFQ/IFBs, the lowest responsible bidder meeting the specifications (if not awarded the Contract).

• For RFPs, any proposer who claims he/she should have been awarded the contract if the EDD had scored his or her proposal correctly, or if the agency had correctly followed the procedures specified in the P.C.C.

b. There is no protest if the awarding agency rejects all bids or proposals, based on the interest of the State.

13. Protest Exclusions

The State has no jurisdiction to consider a protest when:

• The Contract is considered a public works contract.

• The Contract award is for a type of contract not subject to the protest procedures. This category includes contracts for maintenance, modification, and so forth of real or personal property, including equipment and contracts for professional services under Government Code section 4525.

• The protestant was not the lowest responsible bidder or the highest-scored proposer.

• The protestant was not a bidder or proposer, and seeks to contest the award. The only recourse in this case is through the civil courts.

• The protest was not submitted in a timely manner.

• The grounds for the protest do not meet the permissible grounds stated in the P.C.C.

14. Notification of the Right to Protest

Unsuccessful bidders who wish to protest this award must submit a detailed, written statement of protest, including the IFB/RFP No., the name of the State agency involved, and the agency contact person. The protest must be submitted within five (5) working days following the bid opening. All protests must be submitted to both of the following:

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

Employment Development Department Contract Services Group

722 Capitol Mall, MIC 62-C Sacramento, CA 95814

FAX: (916) 319-1684

mailto:OLSProtests@dgs.ca.gov

15. Conditions and Commitment

By signing and submitting a bid package, the bidder acknowledges it has read, understood, and agrees to the following provisions:

a. General Provisions – 04/2017 available for viewing at: GTC 04/2017

b. Performing a Commercially Useful Function: In accordance with Government Code section 14837 and Military and Veterans Code section 999, all certified SB/MB or DVBE contractors, subcontractors and suppliers that bid on or participate in a state contract, regardless of whether it is a verbal or written solicitation must perform a Commercially Useful Function (CUF). A certified SB/MB or DVBE is deemed to perform a CUF if the business does all of the following:

• Is responsible for the execution of a distinct element of the work of the Contract.

• Carries out its obligation by actually performing, managing, or supervising the work involved.

• Performs work that is normal for this business services and functions.

• Is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment.

• Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices.

c. Payee Data Record, STD. 204

Revenue and Taxation Code section 18646 requires state agencies to file information tax returns (IRS Form 1099) for certain types of payments made to vendors. The successful bidder will be required to complete and submit a Payee Data Record, STD. 204 to the EDD before processing payment for services. Upon completion of the work in a manner satisfactory to the EDD, the EDD agrees to make payments in accordance with the contract provisions.

d. California Taxpayer and Shareholder Protection Act of 2003

This solicitation and any resulting contract are subject to all requirements as set forth in the Public Contract Code section 10286 which includes, but is not limited to, providing written submission of a declaration stating that the supplier is eligible to contract with the State of California pursuant to statutory requirements.

Failure of the supplier to comply with and provide information, when requested by the awarding department within the time indicated, will cause the supplier's bid response to be considered nonresponsive and their bid will be rejected.

e. Registered To Do Business In California

Corporations, Limited Liability Companies (LLCs), and Limited Partnerships (LPs) must be registered with the California Secretary of State to be awarded a contract. The Secretary of State Certificate of Status must be included with the bid. The Secretary of State may be contacted as follows:

https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-April-2017-FINALapril2017.ashx?la=en&hash=04E212331938533CCF1EC73EB0BC1FDCBADAC601

California Secretary of State Division of Corporate Filing and Services

1500 Eleventh Street, Third Floor Sacramento, CA 95814-5701

Certification Unit: (916) 657-5251

Required document(s) may also be obtained at the following website:

https://bizfileonline.sos.ca.gov/

f. Prohibition of Tax Delinquents from Contracting

The State of California is prohibited from entering into any contracts for the acquisition of goods and services with persons whose name appears on either list of the 500 largest tax delinquencies pursuant to section 7063 or section 19195 of the Revenue and Taxation Code. Reference also to P.C.C. § 10295.4.

Bidder certifies that it is not included on the California Department of Tax and Fee

Administration list at: https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm or the Franchise

Tax Board list at: https://www.ftb.ca.gov/about-ftb/newsroom/tax-news/may-2021/top-500-delinquent-taxpayer-list.html

g. Negotiating State Contracts

This solicitation and any resulting contract shall be subject to all requirements set forth in Public Contract Code section 6611. The Department of General Services may negotiate contracts for goods, services, information technology and telecommunications if it is determined to be in the state's best interest.

h. Loss Leader

It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in California Business and Professions Code section 17030.

i. Declaration Forms

All bidders must complete the Bidder Declaration GSPD-05-105 and include it with the bid response.

Bidders who have been certified by California as a Disabled Veteran Business Enterprise Declaration (DVBE) (or who are bidding rental equipment and have obtained the participation of subcontractors certified by California as a DVBE must also submit a completed form(s) STD. 843 (Disabled Veteran Business Enterprise Declaration).

All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign the form(s). The completed form should be included with the bid response. At the State’s option prior to award, bidders may be required to submit additional written clarifying information. Failure to submit the requested written information as specified may be grounds for bid rejection.

https://bizfileonline.sos.ca.gov/ https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm https://www.ftb.ca.gov/about-ftb/newsroom/tax-news/may-2021/top-500-delinquent-taxpayer-list.html https://www.ftb.ca.gov/about-ftb/newsroom/tax-news/may-2021/top-500-delinquent-taxpayer-list.html http://kepler.sos.ca.gov/ http://kepler.sos.ca.gov/ https://www.ftb.ca.gov/aboutFTB/Delinquent_Taxpayers.shtml http://www.boe.ca.gov/cgi-bin/deliq.cgi

j. Insurance Requirement

Contractor agrees the insurance herein provided for shall be in effect at all times during the term of this Agreement. In the event said insurance coverage expires at any time during the term of this Agreement, Contractor agrees to provide at least 30 days prior to said expiration date, a new certificate of insurance evidencing insurance coverage as outlined below for not less than the remainder of the term of this Agreement, or for a period of not less than one year. New certificates of insurance are subject to the approval of the Department of General Services, and Contractor agrees that no work or services shall be performed prior to the giving of such approval. In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, the EDD may, in addition to any other remedies it may have, terminate this Agreement upon the occurrence of such event. The Contractor shall provide written notice to the EDD within five (5) business days of any cancellation, non-renewal, or material change that affects required insurance coverage.

The Contractor shall display evidence of the following coverage on an ACORD certificate:

k. General Liability Insurance – The Contractor shall furnish to the EDD a certificate of insurance prior to commencement of work stating there is general liability insurance in effect for the Contractor in an occurrence form with limits not less than $1,000,000 per occurrence for bodily injury and property damage combined.

The certificate of insurance must include the following provision stating:

“The State of California, its officers, agents, employees and servants are included as additional insured, but only with respect to work performed for the EDD under this Contract.” The additional insured endorsement must accompany the certificate.

l. Workers' Compensation and Employer’s Liability Insurance - The Contractor shall furnish to the EDD a certificate of insurance evidencing Workers’ Compensation and Employers Liability Insurance presently in effect with limits not less than $1,000,000 by an insurance carrier licensed to write Workers' Compensation insurance in California. Such certificate shall include the name of the carrier and the policy inception and expiration dates. If the Contractor is self-insured for Workers’ Compensation, a certificate must be presented evidencing Contractor is a qualified self-insurer in the State of California.

** NOTE: In addition to EDD’s Insurance Requirements, the Contractor must provide a

Lessor Certificate of Insurance for certain EDD facilities. See included Vendor Insurance

Requirements.

m. Automobile Liability Insurance, if applicable - The Contractor shall furnish to the EDD a certificate of insurance evidencing automobile liability insurance presently in effect for the Contractor of not less than $1,000,000 per accident while utilizing a motor vehicle in the performance of this contract. Such insurance shall cover liability arising out of a motor vehicle including owned, hired and non-owned motor vehicles.

n. Environmental Liability Insurance, if applicable – The Contractor and any subcontractors shall furnish to the EDD a certificate of insurance evidencing environmental liability insurance presently in effect for the Contractor of not less than $1,000,000 per occurrence for bodily injury, property damages and costs incurred for clean-up and removal of substances causing pollution conditions. This requirement can also be met by securing one of the following: (1) an endorsement to the Contractor’s general liability insurance overriding the general liability pollution exclusion or; (2) an endorsement evidencing pesticide/herbicide coverage afforded to the Contractor’s general liability policy.

o. Iran Contracting Act Certification, if applicable

Pursuant to the Iran Contracting Act of 2010 (P.C.C. sections 2200 - 2208 are “the Act”), vendors are ineligible to bid on, submit a bid for, enter into, or renew any contract with the State for goods or services of one million dollars ($1,000,000) or more if the vendor engages in investment activities, in Iran, as defined in the Act.

Bidder certifies that it is not on the current list of Entities Prohibited from Contracting with Public Entities in California per the Act found at:

https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources- List-Folder/List-of-Ineligible-Businesses

p. California Public Records Act (PRA)

Upon award, all documents and information therein, submitted in response to this IFB become property of the State of California and will be regarded as public records under the Public Records Act, pursuant to Government Code section 6250, et seq.

q. Executive Order N-6-22 – Russia Sanctions

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals.

“Economic Sanctions” refers to sanctions imposed by the U.S. government in response to

Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, the Contractor represents that it is not a target of Economic

Sanctions. Should the State determine the Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

r. GenAI Technology

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.

Bidders/Offerors must notify the State in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors. The State has developed a GenAI Disclosure & Factsheet to be completed by the Bidder/Offeror. Failure to disclose GenAI to the State and submit the GenAI Disclosure & Factsheet will result in disqualification of the Bidder/Offeror and may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

Upon receipt of a Bidder/Offeror GenAI Disclosure & Factsheet 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.

https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/List-of-Ineligible-Businesses https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/List-of-Ineligible-Businesses https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf

EXHIBIT A

SCOPE OF WORK

(Standard Agreement)

1. This Agreement is entered into by and between the Employment Development Department, hereinafter referred to as the EDD, and TBD, hereinafter referred to as the Contractor, for the purpose of providing Semi-Annual Preventative Fire Suppression Inspection and Maintenance and “As Needed” Repair Services for installed Halon, Energen, and FM200 Fire Suppression systems; and if necessary, installation of replacement 340lb cylinder with matching fill at 800 Capitol Mall. The fire suppression systems are located at the following facilities: 9815 Goethe Road & 800 Capitol Mall. Both locations in Sacramento, CA.

2. The Project Representatives during the term of this Agreement will be:

State Agency Contractor

Employment Development Department Attn: Bob Holwell Attn:

800 Capitol Mall, MIC 62-4 Sacramento, CA 95814 Phone: (916) 654-8861 E-Mail: bob.holwell@edd.ca.gov

Phone: (XXX) XXX-XXXX Email:

3. The services shall be provided in accordance with Attachment A-1, Specifications, Attachment A-2, State of California Holiday Schedule, and Attachment A-3, Asbestos Report, which are incorporated as a part of this Agreement.

4. Health and Safety Requirements

The Contractor when entering the EDD facility and/or property is expected to be familiar with and abide by all statewide and locally mandated health and safety requirements. Such requirements include, but are not limited to, following the California Department of Public Health’s (CDPH) Guidance for the Use of Face Coverings published on March 3, 2023 (along with any subsequent versions) and remaining compliant with personal protective equipment (PPE) and other safety equipment requirements provided under state and federal occupational safety and health laws.

The EDD also requires that the Contractor follow additional guidelines from the CDPH and public health officials, such as avoiding close contact with others and engaging in hygienic practices while working. The EDD reserves the right to require stricter requirements than are recommended by local and state public health authorities. Non-compliance by the Contractor, its employees, or any subcontractors may result in the EDD refusing entry onto, or removal from, the EDD property. A breach of these requirements grants the EDD the right to terminate this Agreement.

mailto:bob.holwell@edd.ca.gov

ATTACHMENT A-1

SPECIFICATIONS

(Standard Agreement)

A. On a semi-annual basis provide inspection and maintenance and “as needed repairs” for installed Halon, Energen, and FM200 Fire Suppression systems. The fire suppression systems are located at the following facilities: 9815 Goethe Road & 800 Capitol Mall. Both locations in Sacramento, CA. The inspection and maintenance criteria will include:

1. Test and record control panel input voltage.

2. Test backup batteries with appropriate battery condition tester, note reading and installation date of batteries and record. Replace any batteries found to be of insufficient voltage.

3. Inspect control panel terminations for loose or incomplete connections and record.

4. Inspect control panel circuit boards for component defect or discoloration and record.

5. Perform control panel lamp test and record.

6. Visually inspect each detector for cleanliness and obstructions and record.

7. Inspect each discharge nozzle for cleanliness and obstructions and record.

8. Inspect each cylinder pressure gauge and record.

9. Inspect cylinder liquid level indicator if installed and record.

10. Inspect piping, manifolds, pressure switches, solenoids, and associated hardware for loose or missing parts or connections and record.

11. Inspect perimeter of protected area for unsealed wall or floor penetrations that would allow escape of fire suppression agent and record.

12. Inspect all perimeter doors or other movable openings for correct sealing and record.

13. Inspect all manual pull stations, abort stations, bells, horns and strobes for secure mounting and unobstructed access or viewing and record.

14. Note in Halon/Energen/FM 200 Site Logbook time and date of inspection and summary of results.

15. Provide designated representative with copy of inspection report.

16. Replace or repair system components as needed. This includes, but is not limited to, refilling or replacing fire suppression agent in the event of a system discharge.

17. Two services calls per site per year (semi-annual). Maintenance services shall be performed every six months of each year.

ATTACHMENT A-1

SPECIFICATIONS

(Standard Agreement)

B. If the Contractor requires parts or additional support to complete repairs, the Contractor will provide an estimated time of return for completion of repairs.

C. Services shall be provided at the following locations for the equipment listed.

ADDRESS EQUIPMENT

800 Capitol Mall, Room 1208 Sacramento, CA 95814

Halon Fire Suppression System

9815 Goethe Road, Room 107 Sacramento, CA 95827

Energen Fire Suppression System

D. Halon Tank Replacement (If Necessary)

1. Replace cylinder and Halon fire suppression agent in server room located at 800 Capitol Mall.

2. Cylinder must be an Ansul 340 lb. Halon tank with 232 lb. fill.

3. The Contractor will order the cylinder and provide an estimated time of return and completion of installation. Cylinder must be installed within one week of delivery.

4. Cylinder must be reconditioned/refurbished, hydro tested and have new seals and valves.

5. Cylinder replacement is to be checked to ensure proper function within 14 days of installation.

6. The Contractor shall be responsible for removal of all debris, parts, and rubbish generated by performing the services of this Agreement. Any cost involved for removal shall be paid for by the Contractor.

E. The Contractor shall furnish all labor, tools, equipment, and materials, and pay all taxes, permits, and/or inspection fees necessary to perform the work at the EDD facility located at 800 Capitol Mall, Room 1208, Sacramento, CA 95814, in accordance with these Specifications. The Contractor shall install all materials/products per the manufacturer’s specifications and per accepted industry standards. Should there be any errors or omissions in any of the instructions, specifications, or exhibits in regard to materials and or methods recommended, it shall be the Contractor’s responsibility to notify the EDD Representative, and upon agreement, use the appropriate materials, method, or process to obtain the INTENDED FINISHED PRODUCT.

ATTACHMENT A-1

SPECIFICATIONS

(Standard Agreement)

F. Prime Contractor must have a valid C-16, Fire Protection Engineering license. Licenses and permits required shall be furnished by the Contractor in accordance with applicable local ordinances, and State and Federal laws regarding labor on public buildings and specifications contained in this Agreement. Should any specification in the Agreement fail to comply with such ordinances and laws, the Contractor shall be required to comply with such statutes at no extra cost to the EDD.

All maintenance services shall be performed during the regular working hours of the EDD offices, 7:00 AM to 5:00 PM, Monday through Friday, unless other arrangements are made with the EDD Contract Representative and approved by the Business Operations Planning and Support Division. Semi-annual inspection service should be scheduled with the EDD Contract Representative for a mutually agreeable date and time.

G. Site Inspection

It is the Contractor’s responsibility to inspect the work site prior to providing cost estimates.

The Contractor shall make necessary arrangements through the EDD Representative.

H. Materials – MATERIAL COSTS MAY REFLECT UP TO A 10% Contractor mark-up. Invoices shall have receipts attached for any materials charged to the EDD.

I. Health, Safety, and Security

a. The Contractor shall use appropriate barriers, warning signs, or cones to notify the public and staff of any hazardous condition in the work area.

b. The Contractor shall provide the EDD Representative with copies of Material Safety and Data Sheets.

c. The EDD office area may be occupied while performing work under this Agreement.

The Contractor shall make provisions to accomplish the work assigned without undue interference to the occupants of the building and building operations.

Corridors and entrances used by occupants and reasonable access to shall be kept clear of building materials, equipment, refuse, or other debris, unless previously agreed upon. Interference with or inconvenience to occupants shall be kept to a minimum.

J. Insurance Requirements

The Contractor agrees the insurance herein provided for shall be in effect at all times during the term of this Agreement. In the event said insurance coverage expires at any time during the term of this Agreement, the Contractor agrees to provide at least 30 days prior to said expiration date, a new certificate of insurance evidencing insurance coverage as outlined below for not less than the remainder of the term of this Agreement, or for a period of not less than one year. New certificates of insurance are subject to the approval of the Department of General Services, and the Contractor agrees that no work or services shall be performed prior to the giving of such approval. In the event the Contractor fails to keep

ATTACHMENT A-1

SPECIFICATIONS

(Standard Agreement) in effect at all times insurance coverage as herein provided, the State may, in addition to any other remedies it may have, terminate this Agreement upon the occurrence of such event. The Contractor shall provide written notice to the EDD within five (5) business days of any cancellation, non-renewal, or material change that affects required insurance coverage.

The Contractor shall display evidence of the following coverage on an ACORD certificate.

a. General Liability Insurance – The Contractor shall furnish to the EDD a certificate of insurance prior to commencement of work stating there is general liability insurance in effect for the Contractor on an occurrence form with limits not less than $1,000,000 per occurrence for bodily injury and property damage combined.

The certificate of insurance must include the following provisions stating:

The State of California, its officers, agents, employees, and servants are included as additional insured, but only with respect to work performed for the EDD under this contract. The additional insured endorsement must accompany the certificate.

b. Automobile Liability Insurance - The Contractor shall furnish to the EDD a certificate of insurance evidencing automobile liability insurance presently in effect for the Contractor of not less than $1,000,000 per accident while utilizing a motor vehicle in the performance of this contract. Such insurance shall cover liability arising out of a motor vehicle including owned, hired and non-owned motor vehicles.

c. Workers' Compensation and Employers Liability Insurance - The Contractor shall furnish to the EDD a certificate of insurance evidencing Workers’ Compensation insurance and employers’ liability presently in effect with limits not less than $1,000,000 by an insurance carrier licensed to write Workers' Compensation insurance in California. Such certificate shall include the name of the carrier and the policy inception and expiration dates. If the Contractor is self-insured for Workers’ Compensation, a certificate must be presented evidencing the Contractor is a qualified self-insurer in the State of California.

DATE HOLIDAY

January 1st New Year’s Day*

3rd Monday in January Martin Luther King, Jr. Day

3rd Monday in February President’s Day

March 31st Cesar Chavez Day*

Last Monday in May Memorial Day

July 4th Independence Day*

1st Monday in September Labor Day

November 11th Veteran’s Day**

4th Thursday; adjacent Friday in November Thanksgiving

December 25th Christmas Day

* If any of these holidays occur on a Saturday, the holiday is not observed via the closing of state offices during the week. If any of these holidays occur on a Sunday, the holiday is observed on the next day (Monday).

** If Veteran’s Day occurs on a Saturday, the holiday is observed on the proceeding Friday. This is the only exception to the Saturday Holiday Rule above. If this holiday occurs on a Sunday, the holiday is observed on the next day (Monday).

ATTACHMENT A-2

STATE OF CALIFORNIA HOLIDAY SCHEDULE

ANNUAL ASBESTOS NOTIFICATION

The purpose of this document is to notify employees, building tenants, contractors, and vendors of the possible presence of building materials which might contain or are assumed to contain asbestos within the following building:

EDD Building (#025) 722/800 Capitol Mall, Sacramento

Asbestos is not harmful unless asbestos fibers become airborne. This is most often due to material deterioration or damage. The building materials which contain or are assumed to contain asbestos identified in this building were generally in good condition and are not likely to release asbestos fibers unless disturbed.

It is important to take the following precautions to minimize the potential for disturbing building materials which contain or are assumed to contain asbestos (assumed materials are any material that has not been properly sampled):

• Assume all building materials contain asbestos unless otherwise determined through laboratory analysis that the material does or does not contain asbestos; sample must be collected by an accredited AHERA (Asbestos Hazard Emergency Response Act) building inspector along with the proper number of samples collected from each material type

• Do not drill holes, sand, cut, grind or otherwise disturb building materials which contain or are assumed to contain asbestos

• Do not access above ceilings, behind walls or other locations where building materials which contain or are assumed to contain asbestos are located

• Do not disturb damaged building materials which contain or are assumed to contain asbestos

• Immediately report to the Building Manager any damaged building material which contains or is assumed to contain asbestos. Only authorized and properly trained personnel shall perform repair, removal and cleanup of building materials which contain or are assumed to contain asbestos

If material testing has been conducted of various suspect building materials from various locations throughout the building, such testing has resulted in asbestos being “None Detected” for those specific materials/locations identified. In most cases, the number of samples collected and analyzed are sufficient to make a “None Detected” determination of asbestos content for that particular material in that particular location, yet not sufficient to make the same determination for the entire building. For the purposes of this notification, these materials will be listed as “Assumed Positive” until sufficient sampling and analysis determines otherwise.

It is important to note that you are not in any immediate danger. We provide this notice as a safety precaution to all of our tenants throughout the state as we continue exercising due diligence in accordance with regulatory requirements.

For further information, please contact the DGS FMD Building Manager.

IFB No. 103357 March 2024

ATTACHMENT A-3

ASBESTOS REPORT

BACKGROUND INFORMATION REGARDING

EDD Building (#025) 722/800 Capitol Mall, Sacramento

MATERIALS WHICH CONTAIN OR ARE ASSUMED TO CONTAIN ASBESTOS

Building materials commonly excluded, per the determination of an accredited AHERA (Asbestos Hazard Emergency Response Act) building inspector, from being suspected of containing asbestos include but are not limited to bare wood (pressed wood products are suspect to contain asbestos), bare metal, plastic, or glass. It should be noted that these “non-suspect” materials may be covered with, adhered with, or covering suspect materials.

All other types of building materials or coatings on such materials must be listed as “suspect asbestos-containing” material and must be assumed to contain asbestos unless otherwise tested.

The type(s) and location(s) of building materials which contain or are assumed to contain asbestos within this building are as follows:

Material: Thermal System Insulation (TSI) Lab Result: Assumed Positive Location(s): On Piping, HVAC Ducts, Vessels & Tanks - Mechanical Rooms, Pipe Chases, Above Ceilings and Behind Walls - Throughout

Material: Suspended & Acoustic Ceiling Tile & Adhesive Lab Result: Assumed positive Location(s): Throughout

Material: Gypsum/Joint Compound Lab Result: Assumed Positive Location(s): Walls & Ceilings - Throughout

Material: Base Cove Adhesive Lab Result: Assumed Positive Location(s): Walls - Throughout

Material(s): Sheetrock-Unfinished Location(s): 6th Floor, Mechanical Room, Common Wall w/Plumbing Chase Lab Result: Tested Positive

Material: Vinyl Floor Tile with Mastic Backing Lab Result: Tested Positive Location(s): Throughout

Material: Vinyl Sheet Flooring with Mastic Backing Lab Result: Tested Positive Location(s): Throughout

Material: Carpet Adhesive Lab Result: Assumed Positive Location(s): Throughout

Material: Fireproofing Lab Result: Assumed Positive Location(s): On Structural Components Above Ceilings & Behind Walls - Throughout

IFB No. 103357 March 2024

ATTACHMENT A-3

BACKGROUND INFORMATION REGARDING

EDD Building (#025) 722/800 Capitol Mall, Sacramento

Material: Ceramic Tile Grout Lab Result: Assumed Positive Location(s): Throughout

Material: Floor Leveling Compound Lab Result: Assumed Positive Location(s): Under Floor Tile & Carpet - Throughout

Material: Roof Membrane & Mastic Sealants Lab Result: Assumed Positive Location(s): Roof - Throughout

Material: Fire Doors Lab Result: Assumed Positive Location(s): Throughout

ASBESTOS NONE DETECTED

The material(s)/location(s) listed below have been determined through laboratory analysis to be

“none detected” for asbestos:

Material: White Vinyl FRP Over Plywood Lab Result: None Detected Location(s): 6th Floor, Men’s Restroom Material: Plaster Lab Result: None Detected Location(s): 6th Floor, Plumbing Chase @ Opening Material: 12’ ACT – Assorted Holes & Mastics Lab Result: None Detected Location(s): 5th Floor, Men’s Restroom Ceiling Near Urinals

IFB No. 103357 March 2024

ATTACHMENT A-3

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

(Standard Agreement)

I. Invoicing and Payment

A. In consideration of satisfactory services performed, the EDD agrees to pay the Semi- Annual sum of ____________________________($____________) for Semi-Annual preventative maintenance services and the hourly rate of ____________________________($____________) for “as needed” repairs. The total amount of the Agreement shall not exceed

Overtime charges shall not exceed one- and one-half times the amount of the hourly rate. All travel costs (travel time, mileage, and per diem) associated with work accomplished in this Contract are to be included in the hourly rate. MATERIAL COSTS MAY REFLECT UP TO A 10% CONTRACTOR MARK UP. Invoices shall have receipts attached for any materials charged to the EDD.

B. The invoice must reference the following:

• The EDD Contract Number M103357-7100

• Identifies services provided, service period, unit price (i.e. hourly, monthly), and quantity applicable to the service

• Accurate billing address as stated on the Purchase Order or Contract

• Supplier invoice date

• Company name and remittance address

Upon satisfactory completion of the work to be performed, an invoice, in triplicate, in arrears will be forwarded to the address shown below, for processing.

Employment Development Department 800 Capitol Mall, MIC 62-4

Sacramento, CA 95814 Attn: Bob Holwell bob.holwell@edd.ca.gov

C. Repair costs must first be approved by the EDD Representative. Repairs costs identified as outside day-to-day maintenance and repair services are to be submitted to the EDD Representative in writing and should include specifications of work needing to be completed and detailed cost estimate.

D. The Contractor will be paid a minimum of one hour per each visit for “as needed” repairs.

E. Where a certain quantity of material is specified and materials are to be selected by the EDD, it is understood if the quantity is over or under, an addition or deduction in agreement cost may be made.

mailto:bob.holwell@edd.ca.gov

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

(Standard Agreement)

II. Budget Contingency Clause

It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of congressional and legislative appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays which would occur if the Agreement were executed after that determination was made.

This Agreement is valid and enforceable only if (1) sufficient funds are made available by the State Budget Act of the appropriate State Fiscal Year(s) covered by this Agreement for the purposes of this program; and (2) sufficient funds are made available to the State by the United States Government or by the State of California for the Fiscal Year(s) covered by this Agreement for the purposes of this program.