IFB_No._109286_(4).pdf

January 16, 2025

TO PROSPECTIVE BIDDERS

SUBJECT: INVITATION FOR BID (IFB) No. 109286

“As Needed” Glass Replacement and Tinting Services for the EDD facility at 2555 S. Elm Avenue, Fresno, CA 93706

Term: March 1, 2025 through February 29, 2028

The Employment Development Department (EDD) 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 by calling Aaron Davis at (916) 937-3485 between 8 a.m.

and 5 p.m., Monday through Friday. You should carefully and thoroughly inspect the site. If you submit a quote, it shall be presumed that you have carefully and thoroughly inspected the site and are satisfied as to the conditions to be encountered.

Special Accommodations

For individuals who need assistance due to a physical impairment, the EDD will provide a reasonable accommodation upon request for the mandatory walkthrough or site inspection. An individual who needs a reasonable accommodation must call Aaron Davis at (916) 937-3485 to arrange for a reasonable accommodation no later than the fifth working day prior to the scheduled date and time of the mandatory walkthrough or site inspection.

If you wish to bid, see the Instructions to Bidders. If you make any additions or modifications to the IFB package, it may result in the rejection of your bid. The 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

Friday, January 31, 2025 by 3:00 p.m. (PST)

If you have any questions, please do not hesitate to contact me.

/s/Angelica Khon Contract Analyst

Enclosures

Cc: Aaron Davis

Employment Development Department 722 Capitol Mall, MIC 62-C

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

Bid Due Date: January 31, 2025 Time: 3:00 p.m. (PT)

Exhibit Pages

Instructions to Bidders

A Scope of Work Attachment A-1, Specifications Attachment A-2, Asbestos Report………………………………………. 5 Attachment A-3, State of California Holiday Schedule

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

C *General Provisions – 04/2017

D Special Terms and Conditions

E Standard California Nondiscrimination Construction Contract Specifications. 2

F Sample Standard Agreement, STD 213

G Cost Proposal

H Bidder Declaration

I Contractor Contractor Clauses (CCC 04/2017)………………………………. 4

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

K Darfur Contracting Act Certification ……………………………………………. 2

L Non-Collusion Declaration

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

N Payee Data Record Supplement, STD 205……………………………………. 2

O GenAI Technology Disclosure & Factsheet, STD 1000………...…………… 3

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

Invitation for Bid No. 109286

IFB No. 109286

STATE OF CALIFORNIA

EMPLOYMENT DEVELOPMENT DEPARTMENT

INSTRUCTIONS TO BIDDERS

Invitation for Bid (IFB) No. 109286

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. 109286”

Exhibit G Cost Proposal

Exhibit H Bidder Declaration

Exhibit I Contractor Certification Clauses (CCC 04/2017)

Exhibit J Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary

Exhibit K Darfur Contracting Act Certification

Exhibit L Non-Collusion Declaration

Exhibit M STD 204, Payee Data Record

Exhibit N STD 205, Payee Data Record – Supplemental, if applicable

Exhibit O STD 1000, GenAI Technology Disclosure & Factsheet

Copy of valid C-17 State Contractor’s License

Copy of valid Business License/Tax Certificate

Copy of Department of Industrial Regulations Public Works Contractor Registration

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. (PT) on the bid closing date of January 31, 2025. 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: Angelica Khon, MIC 62-C

Email Delivery:

Angelica.khon@edd.ca.gov

Bids received and time stamped after 3:00 p.m. (PT) on the bid closing date of January 31, 2025 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/Register-Apply-or-Renew-a-Small- Business-and-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).

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 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 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 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 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

Contract Services Group

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

FAX: (916) 319-1684

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 EDD before processing payment for services. Upon completion of the work in a manner satisfactory to EDD, 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:

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://businesssearch.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/aboutFTB/Delinquent-Taxpayers.shtml

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.

j. Insurance Requirement

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, 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, 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 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 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 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 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.

m. Automobile Liability Insurance, if applicable - The Contractor shall furnish to 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 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-DivisionResources- 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. California Generative Artificial Intelligence Technology Disclosure

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/Contractors 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/Contractor. Failure to disclose GenAI to the State and submit the GenAI Disclosure & Factsheet will result in disqualification of the Bidder/Offeror/Contractor 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/Contractor GenAI Disclosure & Factsheet (STD 1000) 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.

ATTACHMENT A-1

SPECIFICATIONS

(Standard Agreement)

I. GENERAL

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 2555 S. Elm Avenue, Fresno, CA 93706, 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 regards 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.

NOTE: For purposes of this Agreement, the EDD Representative shall be considered the EDD Business Operations, Planning and Support Division, Facilities Management Specialist or Facilities Representative, located at the EDD, 722 Capitol Mall, Sacramento, CA 95814.

The EDD Representative is NOT the Manager of the EDD Field Office or one of his/her designees.

II. SCOPE OF WORK

A. The intent of this Agreement is for the Contractor to provide “as needed” glass replacement and tinting services for the EDD facility during those periods of time when an EDD Maintenance Mechanic is unable or unavailable to provide services. The EDD does not guarantee a specific amount of work under this Agreement. Any quantities of work listed are to be considered estimates only, unless otherwise specified.

B. The Contractor will be expected to provide any or all of the following during the term of this Agreement:

Inspections pertaining to replacement and tinting of broken glass.

Consultation/planning on the best method to achieve the intended result.

Completion of broken glass and tinting work orders as provided by the EDD Representative.

Identify and report to the EDD Representative any safety hazard, faulty equipment, or other conditions encountered during the course of the work at the EDD office which the Contractor determines needing repair or replacement.

The Contractor shall comply with all state, EDD, and local office policies and procedures while on the premises.

C. All work shall be completed in compliance with any related drawings and specifications, and shall comply with all applicable building codes, regulations and ordinances. For final acceptance, all work areas shall be complete and ready for occupancy; all equipment shall be installed, connected and in operating condition, and all utility connections shall be complete and accepted by the city, county or state authority having jurisdiction.

D. The Contractor must have a valid C-17 State Contractor’s License. Licenses 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.

E. The Contractor shall not assign or sublet any work covered by this Agreement.

III. SPECIFICATIONS

A. All work shall be performed in accordance with all federal, state, and local building codes.

B. SITE WORK: The following are examples of the types of work the Contractor will be required to complete during the course of this Agreement. It is not intended to be “all inclusive.”

Boarding up broken window(s)/door(s) to secure the building if the glass is unable to be replaced the same day.

Replace glass to match the existing glass Tinting of the new glass to match the existing tint.

All trash and debris shall be removed and discarded off-site.

The replacement of damaged window and door frames is not covered by this

Agreement. Minor repairs, such as filling dents/nicks, sanding scratches, etc., that do not require replacement are acceptable.

Where specific instructions are not noted for the work to be completed, the EDD Representative will supply instructions on a task-by-task basis.

B. UTILITY INTERRUPTIONS: Interruptions to any services for the purpose of making or breaking a connection shall be made only after consultation and agreement with the EDD Representative and shall be at such time and such duration as may be directed.

The Contractor shall make necessary provisions as required to maintain existing services to occupied areas with the building.

C. THE CONTRACTOR’S RESPONSIBILITIES:

1. It will be the Contractor’s responsibilities to field verify all existing conditions and measurements prior to submitting any proposal.

2. The Contractor shall furnish all labor and equipment necessary to perform all of the services presented in these Specifications in a professional, orderly, timely, and efficient manner. The Contractor’s employees, equipment, building materials, etc., shall be restricted to the immediate area of work being performed.

3. 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.

4. The Contractor shall make available, at the job site, a contact person able to communicate effectively with EDD staff who may address concerns or specifications of the Contract.

D. ASBESTOS: The Contractor shall not disturb any areas/materials containing asbestos.

The Contractor shall coordinate with the EDD Representative prior to working in any area containing asbestos.

E. DISCREPANCIES: Should any error, discrepancy, or doubt arise as to the intent and purpose of these Specifications, the Contractor shall immediately refer the same to the EDD Representative for further instructions before proceeding with the work affected.

F. WORKMANSHIP: All workers shall be skilled for the particular work involved. All workmanship must be of high quality level and meet all industry standards.

G. CLEANUP: The Contractor shall keep the site clean daily. Upon completion of work, all surfaces (including glass, carpets, walls, furniture, and equipment) shall be clean of any foreign material due to work performed under this Agreement. The Contractor shall be responsible for removing debris from the EDD premises daily unless other provisions are approved on a “task-by-task” basis to use the EDD dumpster.

H. SITE INSPECTION: It is the Contractor’s responsibility to inspect the work site prior to providing time and individual Task Order cost estimates. The Contractor shall make necessary arrangements through the EDD Representative.

I. ADJACENT SURFACES OR FEATURES: Neatly replace, patch, and finish in kind all adjacent surfaces or features displaced or disturbed in the performance of work, such as, but not limited to, acoustical tile, rubber base, paint, floor covering, etc. Make joining of new and existing work as inconspicuous as possible. Upon completion of task, there shall be no noticeable difference between the new and existing surfaces.

J. COORDINATION OF WORK: The Contractor may not be the sole provider of services on certain tasks or work orders. The Contractor and/or the Contractor’s employees will be expected, at times, to work alongside or in conjunction with other trades contractors, as well as EDD Maintenance Mechanics.

K. SUPERVISION: The Contractor shall be on-site at all times to personally supervise all work completed, or employ an authorized supervisor to oversee all work at the EDD office.

IV. SCHEDULE

A. All work performed shall be completed during normal business hours unless other arrangements have been made with the EDD Representative. Normal work time is defined, for the purpose of this Agreement, as between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. The Contractor may be required to work on weekends, after normal business hours, on Saturdays, Sundays and holidays as directed by the EDD Representative.

B. All work outlined in these Specifications or assigned by work order shall be completed promptly on an “as needed” basis with a 24-hour Contractor response time unless other arrangements are agreed upon between the EDD Representative and the Contractor, or an emergency is specified in the work request.

C. The Contractor must be able to respond to Emergency Calls within two (2) hours.

Emergency work shall be determined by the EDD Representative on a “situation-by-situation” basis.

V. MATERIALS

A. All materials shall be new, unless otherwise specified, and of good quality, free from damage or defect. After completion and acceptance of work by the EDD, all materials furnished and work performed under this Agreement shall be fully guaranteed by the Contractor against defects for a period of one year unless otherwise specified herein. All material furnished shall become the property of the EDD upon completion. Also, unless otherwise specified, the Contractor shall remedy any defect due thereto and pay for any damages resulting there from, which shall appear within a period of one year from the date of acceptance of work.

B. MATERIAL COSTS MAY REFLECT UP TO A 10% CONTRACTOR MARK UP.

C. The Contractor shall not store any materials and or equipment at the EDD facility unless agreement is previously reached with the EDD Representative on a “PER TASK” assignment.

D. The Contractor shall provide adequate dust covers, temporary dust barriers, and pads to protect equipment and furnishings during dusty operations or where damage could occur to existing facilities.

VI. HEALTH, SAFETY, AND SECURITY

A. The Contractor shall be responsible for securing the building in areas of construction before, during, and after each workday to prevent unauthorized entry both during and outside of normal working hours.

B. It shall be the responsibility of the Contractor to make arrangements in advance with the

EDD Representative to have any needed parking areas, driveways, and/or sidewalks cleared so that the work can be performed.

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

D. As requested, the Contractor shall provide the local Office Manager or designee and the EDD Representative with copies of Material Safety and Data Sheets.

E. 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.

VII. GUARANTEES

A. Unless previously agreed upon on a “PER TASK/WORK ORDER” basis or in specific guarantees required elsewhere in this Agreement, the Contractor shall warranty the work in general for one (1) year from the date of acceptance.

B. After Final Payment: Neither final payment, nor any provision in the Contract documents will relieve the Contractor of responsibility for faulty material or workmanship. Unless otherwise specified, the Contractor shall remedy any defect due thereto and pay for any damage to other work resulting there from, which appears within a period of one (1) year from the date of acceptance of the work.

VIII. CORRECTION OF WORK

Prior to Final Payment: Work that does not comply with the requirements of the Contract, either specified in writing or by oral agreement, must be promptly replaced by the Contractor at their own expense with work that does comply. In making such replacement, the Contractor shall also bear all expenses involved in making good all damages or destruction caused to the work of other contractors.

ATTACHMENT A-

ASBESTOS REPORT

(Standard Agreement)

Page 1 of

STATE OF CALIFORNIA HOLIDAY SCHEDULE

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).

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 hourly rate sum of ______________________________________ ($_________) for “As Needed” Glass Replacement and Tinting Services. The total amount of this Contract shall not exceed __________________________________________________ ($___________).

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 invoices must reference the following:

• The EDD Contract Number M109286-7100

• 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

The invoice, in triplicate, in arrears shall be forwarded to the address shown below:

722 Capitol Mall, MIC 62-2 Sacramento, CA 95814

Attn: Aaron Davis Email: Aaron.Davis@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.

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

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

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. In addition, this Agreement is subject to any additional restrictions, limitations or conditions established by the United States Government and/or the State of California, or any statute enacted by the Congress and Legislature, which may affect the provisions, terms or funding of the Agreement in any manner.

The parties mutually agree that if the Congress and/or Legislature does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds.

The EDD has the option to terminate the Agreement under the 30-day termination clause or to amend the Agreement to reflect any reduction of funds.

III. California Prompt Payment Clause

Payment will be made in accordance with, and within the time specified in, Government Code section 927 et seq.

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

(Standard Agreement)

1. Licenses and Permits

The Contractor must have a valid C-17 State Contractor’s 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.

2. Termination Clause

This Agreement may be terminated by the EDD by giving written notice 30 days prior to the effective date of such termination.

3. Public Convenience and Interference with Office Operation

The Contractor shall make provisions to accomplish the work of this Agreement without undue interference to the occupants of the building and building operations. Corridors and entrances for use of occupants and reasonable access thereto shall be kept clear of building materials, equipment, refuse, etc. The Contractor shall be required to give the occupants reasonable notice when work is to be done.

Noisy motors, cutting, drilling and fastening equipment must be operated with minimum disturbance to the occupants of the building or adjacent buildings; however, the EDD will not require overtime for such work unless specifically stated in this Agreement.

4. Interpretation of Plans and Specifications

The Contractor shall personally supervise the work or employ a competent authorized representative satisfactory to the EDD who shall be present at all times at the site while work is in progress.

Should there arise any error, discrepancy, or doubt as to the intent and purpose of these plans and specifications, the Contractor shall immediately refer the same to the EDD for further instructions before proceeding with the work affected. Disputes in the interpretation of the plans and specifications shall be decided by the EDD, whose decision shall be final.

The Contractor shall establish exact layouts, locations, lines and elevations of work in relation to existing work. The Contractor shall obtain and verify measurements for new work.

5. Materials

All materials shall be new, unless otherwise specified, and of good quality, free from damage or defect. Where a particular brand is specified, the specified brand is to be regarded as standard. Should it be desired to use some other brand than that specified as a standard, application must first be made in writing to the EDD, indicating the difference in cost in each case, and written approval obtained, otherwise what is specified must be furnished.

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

(Standard Agreement)

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

After completion and acceptance of the work by the EDD, all materials furnished and workmanship under this Agreement shall be fully guaranteed by the Contractor against defects for a period of one year unless otherwise specified herein.

Charges for extra work or materials will not be allowed unless the same has been approved in writing by an authorized employee of the EDD, Business Operations Planning and Support Division, and if required, the approval of the Department of General Services.

Unless otherwise specified herein, all material to be furnished under this Agreement shall become the property of the EDD upon completion.

6. Asbestos Materials

If the work performed hereunder disturbs materials which may contain asbestos, the Contractor shall follow guidelines in Appendix G, Section 1926.58 of the OSHA Federal Construction Industry Code, and Asbestos Regulations Section 5208, General Industry Safety Order, title 8 of the California Administration Code, which may be obtained by contacting CAL OSHA.

7. Preservation and Cleanup

The Contractor shall keep site clean as work progresses. Upon completion of the work, all surfaces including glass involved in this project shall be cleaned of any foreign material due to work performed. The Contractor shall be responsible for the daily removal from the worksite of all rubbish incidental to the work. Any cost involved for hauling or dumping shall be paid by the Contractor.

Waste materials, both new and old, shall be removed from the work area daily and disposed of by the Contractor. If waste storage space is available, the Contractor may utilize such facilities with prior approval of the EDD and only under the conditions established by the

EDD.

The Contractor's employees, equipment, building materials, etc., shall be restricted to the immediate area of construction.

8. Use of State Facilities

Water, electric light, power and toilet facilities at the worksite are available free of charge.

Toilet facilities shall be kept clean at all times and shall comply with requirements and restrictions at the worksite. Interruptions to any service for the purpose of making or breaking a connection shall be made only after consultation with the EDD Representative, and shall be at such time and of such duration as may be directed. The Contractor shall make necessary provisions as required to maintain existing services to occupied areas of the building.

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

(Standard Agreement)

The Contractor shall provide adequate dust covers, temporary dust barriers, and pads to protect equipment, furnishings, and elevators during dusty operations or where damage could occur. The Contractor shall provide chemically treated walk-off mats, to be changed whenever directed by the EDD Representative.

9. Inspection of Services

All services shall be subject to inspection by the EDD Representative at any and all times during the performance thereof and at the completion of the work. If the EDD Representative determines that the services or materials furnished are not in accordance with the terms and conditions described herein, the EDD Representative may at his/her option have the work performed by others charging the Contractor with any cost occasioned thereby.

10. Liability of Contractor

All work performed under this Agreement shall be at the risk of the Contractor until fully accepted by the EDD Representative.

Until final acceptance of…