IFB_S24BS033_San_Francisco_Interior_Paint_Services.pdf

STATE OF CALIFORNIA GAVIN NEWSOM, Governor

INVITATION FOR BID

Notice to Prospective Bidders

IFB No. S24BS033

April 15, 2025

You are invited to review and respond to this Invitation for Bid (IFB) No. S24BS033, entitled, “San Francisco Interior Paint Services.” In submitting your bid, you must comply with the instructions found herein.

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

The Department of Industrial Relations (DIR) deadline for receipt of bids is May 15, 2025 no later than 4:00 pm. All bids must be submitted via electronic mail to McKenzie Sanchez.

Faxed, hand delivered and mailed bids will not be accepted. Bids must be submitted no later than the date and time indicated under Section II. A. Key Action Dates. File size cannot exceed 50 Mega Bytes (MB). The naming convention of the bid must be in the following format: “IFB S24BS033 [insert vendor name] Bid.” Bids must be received on or before the date and time specified herein and the email addresses provided below:

EMAIL IFB Bids to:

Procurement@dir.ca.gov MSanchez@dir.ca.gov

CC: Abarron@dir.ca.gov

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

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

Contact: McKenzie Sanchez Email: MSanchez@dir.ca.gov

CC: ABarron@dir.ca.gov

We appreciate your interest in this solicitation and hope to receive a bid from you if this is within your area of expertise.

https://caleprocure.ca.gov/pages/index.aspx https://caleprocure.ca.gov/ mailto:Procurement@dir.ca.gov mailto:MSanchez@dir.ca.gov mailto:Abarron@dir.ca.gov mailto:MSanchez@dir.ca.gov mailto:ABarron@dir.ca.gov

Department of Industrial Relations IFB No. S24BS033

TABLE OF CONTENTS

SECTION PAGE

I. SCOPE OF WORK

II. BID INSTRUCTIONS AND INFORMATION

A. IFB Key Action Dates B. Submission of Bid C. Bid Submission Withdrawal D. Bidder Responsibilities E. Minimum Bidder Qualifications F. General Requirements G. Bid Rejection H. Signature I. Bid Opening and Evaluation J. Disposition of Bids K. Selection and Award L. Standard Conditions of Service M. Socio-Economic and Preference Programs N. Darfur Contracting Act Certification O. Generative Artificial Intelligence

DRAFT STANDARD AGREEMENT

Standard Agreement (STD 213) Exhibit A – Scope of Work Exhibit A, Attachment 1 – Suite Floor Plan Exhibit A, Attachment 2 – Finish Legend Exhibit B – Budget Detail and Payment Provisions Exhibit B, Attachment 1 – Contractor Cost Sheet Exhibit D – Special Terms and Conditions Exhibit E – Additional Provisions

ATTACHMENTS

1. Required Attachment Checklist

2. Bid/Bidder Certification Sheet

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

6. Contractor Certification Clauses (CCC 04/2017)

7. Bidder Declaration (GSPD-05-105)

8. DVBE Bid Incentive Instructions

9. Darfur Contracting Act Certification

10. California Civil Rights Law Certification

11. Bidder’s Acknowledgement of Prevailing Wage Requirements

12. Non-Collusion Declaration

13. Payment Bond

14. Detailed Response for Minimum Qualifications

I. SCOPE OF WORK

The Department of Industrial Relations (DIR) is dedicated to improving the health, safety, and economic well-being of over 18 million wage earners and helping their employers comply with state labor laws. DIR works to maximize the effectiveness of its programs, activities, and services, increase public access and promote its services to the public, including workers and employers who have limited English proficiency.

DIR is seeking a Contractor to furnish everything necessary for the execution and completion of the work including, but not limited to, paint, brushes, rollers, drop sheets, sandpaper, fillers, sealants, scrapers, thinners, tints, painters’ tape (not masking tape), and ladders to provide painting services at the DIR suites located at 455 Golden Gate Avenue, San Francisco, CA 94102.

The term of this agreement shall be for six (6) months; however, the performance period shall be completed within three (3) months or upon direction from the DIR Contract manager.

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

DIRs budget for this project is $285,000.00. Bids exceeding this amount may be deemed non-responsive and ineligible for award.

II. BID INSTRUCTIONS AND INFORMATION

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

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

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

A. IFB Key Action Dates

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

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

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

Time Schedule Date Time

IFB Posted on Cal eProcure April 15, 2025 4:00 pm

Mandatory Site Inspection April 23, 2025 11:00 am

Deadline for Submission of Written Questions April 30, 2025 4:00 pm

Responses to Questions Posted May 8, 2025 4:00 pm

Bid Submission Due May 15, 2025 4:00 pm

Opening of Bids via Microsoft TEAMS

Link: https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZTM0ZDhhNDMtMTllYy00O GMxLThjMWItYzk2YmFjZmU1OTAw%40thread.

v2/0?context=%7b%22Tid%22%3a%2202d0040 e-1348-4c5e-86e4- 0a5ae8ede9d6%22%2c%22Oid%22%3a%2292 0cec68-1301-4883-9b04-2dc03fe83041%22%7d

Meeting ID: 230 827 492 816 Passcode: Mi68SP7M Dail in by Phone: + 1 619-407-9860 Phone Conference ID: 350 792 832#

May 16, 2025 11:00 am

Posting of Intent to Award Notice May 23, 2025 4:00 pm

Estimated Contract Start Date June 16, 2025 N/A

Mandatory Site Inspection

The Mandatory Site Inspection is scheduled at 455 Golden Gate Avenue, San Francisco, California 94102. The Site Inspection will allow all prospective contractors to see where any work is expected to be performed. Bids will only be accepted from contractors that attended the Mandatory Site Inspection. Questions and answers will be recorded and included in the written Q & A addendum. Please refer to the Key Action Dates for the Site Inspection date and time. Please note that the Site Inspection will begin promptly at 11:00 am. For questions regarding the Mandatory Site Inspection, please contact: Christine Campillo at CCampillo@dir.ca.gov

Reasonable accommodations will be provided to prospective contractors needing assistance due to a physical impairment, upon request to DIR for the Mandatory Site Inspection. The prospective contractor must contact Christine Campillo at CCampillo@dir.ca.gov by April 21, 2025. Bids will only be accepted from contractor’s that attended the Mandatory Site Inspection.

Written questions must be submitted via electronic mail by the date and time indicated in Section II.A., IFB Key Action Dates. All written questions received prior to the date indicated for the Written Questions Deadline will be answered in the form of an https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZTM0ZDhhNDMtMTllYy00OGMxLThjMWItYzk2YmFjZmU1OTAw%40thread.v2/0?context=%7b%22Tid%22%3a%2202d0040e-1348-4c5e-86e4-0a5ae8ede9d6%22%2c%22Oid%22%3a%22920cec68-1301-4883-9b04-2dc03fe83041%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZTM0ZDhhNDMtMTllYy00OGMxLThjMWItYzk2YmFjZmU1OTAw%40thread.v2/0?context=%7b%22Tid%22%3a%2202d0040e-1348-4c5e-86e4-0a5ae8ede9d6%22%2c%22Oid%22%3a%22920cec68-1301-4883-9b04-2dc03fe83041%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZTM0ZDhhNDMtMTllYy00OGMxLThjMWItYzk2YmFjZmU1OTAw%40thread.v2/0?context=%7b%22Tid%22%3a%2202d0040e-1348-4c5e-86e4-0a5ae8ede9d6%22%2c%22Oid%22%3a%22920cec68-1301-4883-9b04-2dc03fe83041%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZTM0ZDhhNDMtMTllYy00OGMxLThjMWItYzk2YmFjZmU1OTAw%40thread.v2/0?context=%7b%22Tid%22%3a%2202d0040e-1348-4c5e-86e4-0a5ae8ede9d6%22%2c%22Oid%22%3a%22920cec68-1301-4883-9b04-2dc03fe83041%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZTM0ZDhhNDMtMTllYy00OGMxLThjMWItYzk2YmFjZmU1OTAw%40thread.v2/0?context=%7b%22Tid%22%3a%2202d0040e-1348-4c5e-86e4-0a5ae8ede9d6%22%2c%22Oid%22%3a%22920cec68-1301-4883-9b04-2dc03fe83041%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZTM0ZDhhNDMtMTllYy00OGMxLThjMWItYzk2YmFjZmU1OTAw%40thread.v2/0?context=%7b%22Tid%22%3a%2202d0040e-1348-4c5e-86e4-0a5ae8ede9d6%22%2c%22Oid%22%3a%22920cec68-1301-4883-9b04-2dc03fe83041%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZTM0ZDhhNDMtMTllYy00OGMxLThjMWItYzk2YmFjZmU1OTAw%40thread.v2/0?context=%7b%22Tid%22%3a%2202d0040e-1348-4c5e-86e4-0a5ae8ede9d6%22%2c%22Oid%22%3a%22920cec68-1301-4883-9b04-2dc03fe83041%22%7d mailto:CCampillo@dir.ca.gov mailto:CCampillo@dir.ca.gov addendum and posted online at https://caleprocure.ca.gov. Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum to all parties/participants.

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

Contracts and Procurement Branch

Contact: McKenzie Sanchez Email: MSanchez@dir.ca.gov CC: Abarron@dir.ca.gov

B. Submission of Bid

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

2. Time of delivery is of the essence and must be adhered to. Any bid received after the due date and time as outlined in the time schedule in Section II.A., “IFB Key Action Dates” will be rejected by DIR as not complying with a mandatory requirement of this

IFB.

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

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

4. The naming convention of the bid must be in the following format: “IFB S24BS033 [insert vendor name] Bid.”

5. Bids must be submitted to the following addresses:

Procurement@dir.ca.gov CC: MSanchez@dir.ca.gov CC: Abarron@dir.ca.gov

6. Bids received after the date and time shown in Section II.A. “IFB Key Action Dates” will be rejected.

7. Bids are only accepted electronically. Bids received by fax, mail, or hand delivery will be rejected.

C. Bid Submission Withdrawal

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

D. Bidder Responsibilities

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

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

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

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

5. Bidder must complete and submit Contractor Cost Sheet, Attachment 3. Submission of this attachment is mandatory. Failure to fully complete and return attachment with your bid will cause your bid to be rejected and deemed non- responsive.

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

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

7. Bidder must complete and submit to DIR, the Payee Data Record (STD 204), Attachment 5, to determine if the selected bidder is subject to State income tax withholding, pursuant to California Revenue and Taxation Code, Section 18662.

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

DIR.

8. Bidder is responsible for reviewing, reading, understanding, and complying in full with the State’s General Terms and Conditions along with the Contractor Certification Clauses (CCCs) at Standard Contract Language. The bidder must sign and return CCCs, Attachment 6.

9. Bidder must sign and submit to DIR, the California Civil Rights Laws Certification, Attachment 10.

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

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

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

https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=GTC

E. Minimum Bidder Qualifications

The bidder must provide a detailed response, outlining information as to how the bidder meets each of the minimum qualifications listed below. The bidder must provide their detailed response on Attachment 14, Detailed Response for Minimum Qualifications.

Bids that do not meet the minimum qualifications may be determined non-responsive and ineligible for award.

1. Bidder shall have, at time of bid submittal and for the duration of this Agreement, a valid, current C-33 Painting and Decorating Contractor license. Bidder must provide a copy of the current and valid certificates with its bid submittal.

F. General Requirements

1. Insurance Requirements

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

2. Subcontracts/Subcontractors

If subcontractors are to be used, the bidder must include the description of each person or firm and the work to be done by each subcontractor in Attachment 7, Bidder Declaration. Subcontractors, if any must be identified and their qualifications.

G. Bid Rejection

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

2. Bids must be completed in all respects as required by the IFB. Each bid will be checked in detail to determine its compliance to the IFB requirements. A bid will be rejected if it is conditional or incomplete, or if it contains any alterations of forms or other irregularities of any kind. If a bid fails to meet any IFB requirements, DIR will determine if the deviation is material; a material deviation will cause rejection of the bid. The State may waive any immaterial deviation in a bid. A non-material deviation (errors in mathematical computation, spelling, etc.) will be examined to determine when the deviation is acceptable. If accepted, the bid will be processed as if no deviation had occurred. The State's waiver of immaterial defect shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements, if awarded the agreement. A bid must be rejected if any such defect or irregularity constitutes a material deviation from the IFB requirements.

3. DIR reserves the right to reject any or all bids. The agency is not required to award an agreement. All bids may be rejected whenever the agency determines that the cost is not reasonable, the cost exceeds the amount estimated, or otherwise in the best interest of the State.

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

IFB, it will be the basis for rejection of the bid.

5. Bids received past the date and time specified in the table in Section II.A., “IFB Key Action Dates,” will be deemed non-responsive and rejected. Under no circumstances will any bids be accepted past the date and time stated in the table. All such bids received past the date and time will not be accepted.

H. Signature

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

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

I. Bid Opening and Evaluation

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

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

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

J. Disposition of Bids

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

K. Selection and Award

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

2. Notice of the proposed award shall be posted on Cal eProcure at https://caleprocure.ca.gov/pages/index.aspx for five (5) business days prior to awarding the Agreement.

3. Whenever a contract is awarded under a procedure which provides for competitive bidding, but the contract is not to be awarded to the low bidder, the low bidder shall be notified by email five (5) working days prior to the award of the contract.

4. Prior to award of the contract, bidders may protest the proposed award(s) by filing a notice of protest with DIR and the Department of General Services (DGS), Office of Legal Services (OLS) on the basis that they are the lowest responsible bidder meeting the specifications for the contract.

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

https://caleprocure.ca.gov/pages/index.aspx

Contracts and Procurement Branch Attention: Manager 1515 Clay St, Suite 301 Oakland, CA 94621 Procurement@dir.ca.gov

Department of General Services Office of Legal Services Attention: Bid Protest Coordinator 707 Third Street, 7th Fl, Suite 7-330 West Sacramento, CA 95605 OLSProtests@dga.ca.gov

6. Within five (5) calendar days after filing the notice of protest, the protesting Bidder shall file with DGS, OLS and DIR a detailed written statement specifying the grounds for the protest.

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

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

9. Such award, if made, will be made within sixty (60) days after opening of bids, if not sooner. Contract shall be signed by bidder and returned within ten (10) working days of receipt. If lowest responsive, responsible bidder refuses or fails to execute the contract, DIR may award the contract to the next lowest responsive, responsible bidder.

L. Standard Conditions of Service

1. Services shall be available on the express date set by the awarding agency and the Contractor, after all approvals have been obtained and the agreement is fully executed. Should the Contractor fail to commence work at the agreed upon time, the awarding agency, upon five (5) days written notice to the Contractor, reserves the right to terminate the agreement. In addition, the Contractor shall be liable to the State for the difference between contractor's bid price and the actual cost of performing work by the second lowest bidder or by another contractor.

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

3. The State does not accept alternate contract language from a prospective contractor.

A bid with such language may be considered a counter proposal and may be rejected. The State’s General Terms and Conditions (GTC) and Contractor Certification Clauses (CCC) are not negotiable. The GTC and CCCs are included in the sample agreement attached to this package and may also be viewed at the Internet site: Standard Contract Language under Standard Contract Language.

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

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

mailto:Procurement@dir.ca.gov mailto:OLSProtests@dga.ca.gov https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=GTC

M. Socio-Economic and Preference Programs

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

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

If a prime bidder is a certified DVBE or commits to subcontracting with DVBE(s), it may be eligible to receive an incentive provided that the DVBE provides a commercially useful function as defined in California Military Code Section 999(i) and California Code of Regulations, Title 2, Section 1896.71. For evaluation purposes only, the State shall apply an incentive to bids that propose California certified DVBE participation as identified on the Bidder Declaration (GSPD-05-105), Attachment 7, and confirmed by the State.

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

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

http://www.documents.dgs.ca.gov/pd/poliproc/STD-843FillPrintFields.pdf.

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

If bidder is claiming the 5 % certified SB or MB preference, or is committing to subcontract 25 % or more of their net bid price to one or more Certified SBs or MBs, complete Bidder Declaration (GSPD-05-105), Attachment 7, and attach a copy of the certification.

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

Questions regarding the certification approval process or the Small Business program should be directed to the Department of General Services, Procurement Division at

(800) 559-5529 or (916) 375-4940 email: OSDSHelp@dgs.ca.gov . For the 24-Hour Recording & Mail Request call (916) 322-5060.

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

3. Target Area Contract Preference Act (TACPA)

The TACPA preference will be granted for this solicitation. Bidders wishing to take advantage of this preference will need to review the following website and submit the appropriate response with their Proposal:

https://www.documents.dgs.ca.gov/pd/poliproc/tacpapage.pdf.

Bidders seeking to obtain a TACPA preference must complete and submit the TACPA Preference Request, STD. 830, and DGS/PD 526 with their Bid. The STD. 830 and DGS/PD 526 are available to download at the link provided above.

http://www.documents.dgs.ca.gov/pd/poliproc/STD-843FillPrintFields.pdf http://www.pd.dgs.ca.gov/

N. Darfur Contracting Act Certification (Mandatory Submittal)

Public Contract Code Sections 10475-10481 applies to any company that currently or within the previous three years has conducted business activities or other operations outside of the United States. For any contractor that submits a bid or proposal, the contractor must certify that it is either 1) not a scrutinized company; or 2) a scrutinized company that has been granted permission by the Department of General Services. This form must be completed and submitted with your bid. See DIR Darfur Contracting Act Form, Attachment 9.

O. Generative Artificial Intelligence (GenAI)

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

Bidder / Offeror must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.

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

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

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

DRAFT STANDARD AGREEMENT

EXHIBIT A

SCOPE OF WORK

A. PURPOSE

The Department of Industrial Relations (DIR) is dedicated to improving the health, safety, and economic well-being of over 18 million wage earners and helping their employers comply with state labor laws. DIR works to maximize the effectiveness of its programs, activities, and services, increase public access and promote its services to the public, including workers and employers who have limited English proficiency.

The Department of Industrial Relations (DIR) and (Contractor’s Name TBD) hereafter referred to as Contractor agree to provide painting services at the DIR suites located at 455 Golden Gate Avenue, San Francisco, CA 94102. The DIR suite space where the work shall take place shall be determined based upon contract award. Suite breakdown and floor plan is provided on Exhibit A, Attachment 1 – Suite Floor Plan.

B. SCOPE OF WORK

1. The Contractor shall supply paint that matches the following and meets DIR approval specifications. Paint finish must be latex eggshell paint. Paint must have a finish of Level 4 – Smooth. See Exhibit A, Attachment 2, Finish Legend.

a. Primary (P-1) Dunn Edwards Silver Spoon: DE366

b. Accent 1 (P-2) Dunn Edwards Stieglitz Silver: DET612

c. Accent 2 (P-3) Dunn Edwards Wharf View: DEC799

2. Contractor must paint a full coat of high-adhesive primer to assure adhesion of the finish coats.

3. The Contractor shall supply and install the following corner guards that meets DIR approval specifications. Corner guards are to be 1.5”x 1.5” wing x 3 ft taped. The corner guard shall be painted to match the paint on the corresponding wall. Where there are two colors, corner guards shall be painted on each side to match the paint. Corner guards shall be installed on every pointed corner. See Exhibit A, Attachment 2, Finish Legend.

a. Wall Guard Portobello Model 2325.1

4. Suite breakdown, floor plan, & paint cut sheet is provided on Exhibit A, Attachment 1, Suite

Floor Plan and Exhibit A, Attachment 2, Finish Legend. Contractor shall be required to calculate how much paint is needed for each DIR suite.

a. Any painted doors shall be repainted. The door frames shall not be painted, so the door labels/numbers shall remain unaffected. Hard-lid areas may be present in the IT spaces but are not common throughout. They shall be painted to match where present.

b. Contractor shall remove the base to allow for the new paint to go below the area where the new base will be applied.

c. Window casings shall be painted.

5. Contractor shall be responsible unscrew emptied file cabinets, bookcases, or mounted furniture off the wall and re-screw/anchor it back in once paint is completed.

6. Contractor shall be responsible to move, push, or pull free-standing furniture or supplies away from the wall for painting and relocate back once complete.

7. Contractor shall paint around modular systems furniture (MSF) as best as possible.

Contractor is responsible for prepping and protecting said furniture to prevent paint damage.

8. Contractor shall ensure that the base surfaces are properly prepared and that the materials are used correctly, store and apply paint in accordance with the manufacturer’s directions and the methods nominated, and use applicators and techniques best suited for the type of material being applied.

9. Contractor shall observe manufacturer’s recommendations in regard to preparation of surfaces to receive paint. Unless otherwise specified, procedures shall include, but not necessarily be limited to, the following:

a. Use drop sheets and painter’s tape wherever necessary to ensure no brush or roller marks appear on adjacent surfaces and to prevent drips or spills on the carpet or VCT flooring;

b. Wipe down walls and remove oil, grease, and loose foreign matter, including, mold mildew, dirt, and corrosion products, in a manner which causes neither undue damage to the substrate nor damage to, or contamination of, the surroundings or the paint system to be applied.

c. Adequately scuff, sand, and/or solvent as appropriate to provide satisfactory adhesion for subsequent paint coats.

d. Fill cracks and holes with fillers, putties, sealers or grouting cements as appropriate for the finishing system and substrate, and sand smooth, to ensure all coats finish smooth.

e. Place Wet Paint Warning notices and do not remove unless/until paint is dry.

10. Contractor shall observe manufacturer’s recommendations in regard to application of the paint. Unless otherwise specified, procedures shall include, but not necessarily be limited to, the following:

a. Apply paint and related material with an undercoat plus two coats of selected paint or with the number of coats specified in accordance with the manufacturer's recommendations.

b. Ensure that surfaces are cured and dry before applying additional coats of paint; Light sanding between coats or as recommended by the manufacturer.

c. Ensure each coat of paint is uniform in color, gloss, thickness, and texture and free of runs, sags, blisters, visible roller marks, or other discontinuities.

d. Clean off marks, paint spots and stains throughout including on glass, restoring damaged surfaces to their original condition.

11. The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials. Upon completion of the work all paint cans, other materials, containers, debris, equipment, tools, and protective coverings shall be cleaned up and removed from site and the Contractor shall leave the area in a clean, neat, and orderly condition satisfactory to the DIR Contract Manager listed in Exhibit A, Scope of Work, Section F, Contract Representatives.

12. If applicable, Contractor shall remove wallpaper from common areas (including conference rooms, offices, elevator lobbies, and corridors) before painting. Rubber cove bases will need to be removed prior to any wallpaper removal.

13. Contractor shall paint around signage.

14. Contractors shall be responsible for removing the white boards and re-installing them. There is typically at least one white board on each floor's conference rooms.

15. Contractor shall be responsible for removing art from the walls and reinstalling it when the work is completed.

C. CONTRACTOR’S RESPONSIBILITIES

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

2. Contractor shall complete the services listed in this Scope of Work within the term of this agreement.

3. Contractor shall be required to schedule and work in tandem with other trades to complete the project. Project schedules shall be reviewed and completed under the direction of the DIR Coordinator.

4. Contractor shall remove and replace any of its employees who, in the opinion of DIR Coordinator, have acted in a manner that indicates an inability to adequately perform the work assigned.

5. Contractor shall be required to provide for continuous cellular communication with its supervisors at the point of origin and the point of destination. Contractor shall provide the DIR Coordinator with all cellular telephone numbers for communication purposes.

6. Any damages by the Contractor to portions of building, premises, equipment, furniture, materials, or other State property shall be repaired or replaced by the Contractor to the satisfaction of the State with no expense to the State. Any items lost or stolen while in Contractor’s custody shall be replaced by Contractor at no expense to the State. Employee’s personal property or belongings, i.e., laptops, etc., are the sole responsibility of the employee and the Contractor is neither liable for moving them or responsible for their loss.

7. DIR shall not be responsible for any parking fees that may be incurred by the Contractor at any location associated with this service.

D. DIR’S RESPONSIBILITIES

1. DIR shall provide moving boxes, labels, computer carts, library carts, open tops, computer keyboard bags and tape to the department in preparation for services.

2. DIR shall provide displacement, storage, and replacement of department furniture, empty storage files, disconnect equipment, boxed supplies, file, etc.

3. DIR shall provide disconnection and reconnection of all equipment, including, but not limited to computers, printers, fax machines, mail machines, copiers, etc.

4. DIR shall be responsible for the boxing of all lose electrical cords, cables, supplies, files, etc.

5. DIR shall provide moving services for boxed items and large supplies.

6. DIR shall provide a laydown space on each floor where the Contractor can store materials and tools.

E. HAZARDOUS SUBSTANCE AND MATERIALS

1. There are no known hazardous materials, but if Contractor discovers or suspects asbestos, lead-based paint, or other known hazardous substances/materials in the area affected by the Agreement, Contractor shall STOP WORK IMMEDIATELY. Contractor shall verbally notify DIR Contract Manager of these findings immediately and confirm verbal notification in writing within 24 hours. Contractor is not responsible for any work related to cleaning up or disposal of these substances.

2. Continuation of work shall not commence until Contractor has been authorized to do so in writing by DIR Contract Manager.

3. Should it become necessary to terminate the Agreement, Contractor shall be compensated only for work in progress or actual work completed to DIR Contract Manager satisfaction. No payment shall be made for delay or lost profits anticipated for uncompleted work.

4. Failure to notify DIR Contract Manager of the discovery of asbestos, lead-based paint or other hazardous substances/materials may result in immediate termination of the Agreement for default per Exhibit D, Item E. Contractor shall be responsible for all damages arising from failure to disclose the discovery of any hazardous substances.

F. WORK SITE CLEAN-UP

1. Contractor shall own and assume all responsibility for all litter, carpet, waste, debris, and similar materials arising from or produced by the work performed under this Agreement.

2. Contractor shall clean and keep the area in orderly, safe, and clean condition, including but not limited to any spills or smudges as applicable to the services in accordance with Exhibit A, Scope of Work.

3. If the work site is not left in a clean and orderly condition in the sole opinion of the DIR Contract Manager, then the Contractor shall be called back to correct the condition at no additional charge to DIR.

4. Contractor shall promptly remove such litter, waste, debris, and other materials produced during this work and legally dispose of them in accordance with Exhibit A, Scope of Work.

Waste must be removed daily but materials for each phase can remain in the project area until the next phase.

5. No litter, waste, debris, or other materials shall be deposited in any DIR dumpsters without advance written permission of the DIR Contract Manager.

6. Once the Contractor takes possession of the materials, the Contractor shall take ownership of the materials and shall dispose of or recycle them in a lawful manner in accordance with Exhibit A, Scope of Work.

7. Contractor’s bid included the cost to disposal of or recycling of the materials, and the Contractor shall be responsible for such disposal and recycling costs.

G. GUARANTEE

1. The Contractor guarantees the work provided in accordance with this Agreement to be and remain free of defects in workmanship and materials for a period of one (1) year from the date of acceptance of the work, unless an alternative guarantee period is specified within Exhibit A, Scope of Work. The Contractor agrees to repair or replace, at the Contractor’s own expense, any and all work that is defective in its workmanship or materials, any adjacent work which may have been damaged or displaced, and any work not satisfactorily performed in accordance with the terms and conditions of this Agreement. Ordinary wear and tear and unusual abuse or neglect are exempted.

2. The Contractor further agrees, within the specified guarantee period, to meet with the DIR Contract Manager within ten (10) calendar days after being notified in writing by the DIR Contract Manager of any work defects discovered after the completion and acceptance of the work, to establish a start and completion date for all corrective work. If the Contractor fails to comply with the terms of the guarantee, DIR shall have the option to hire another vendor to perform all corrective work at the Contractor's expense, and the Contractor will compensate DIR for the entire cost of having another vendor perform the corrective work upon demand. DIR shall be entitled to compensation for all costs, including reasonable attorney fees.

H. PAYMENT BOND:

The Contractor shall provide a Payment Bond to accompany contracts, STD. 807, in a sum not less than 100% of the total amount payable under the terms of this Agreement, if the Agreement exceeds $25,000.

I. BUSINESS HOURS

Contractor shall complete work outside of normal working hours between the hours of 6:00 pm- 6:00 am Monday-Friday and/or weekends. Schedule is subject to review and approval by designated DIR Coordinator.

J. CONTRACT REPRESENTATIVES

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

Agency: California Department of Industrial Relations

Contractor: To Be Inserted Upon Award

Division: Section:

Attention: Attention:

Address: Address:

Phone: Phone:

Email: Email:

Direct all questions to the Contract Manager. Contract representative may be changed without amendment upon written notification to the other party.

NOTE: The DIR Contract Manager is NOT the manager of the DIR office or one of their designees. The DIR Coordinator/onsite contact for the day of service may vary. The Contractor must maintain effective communication with the DIR Contract Manager and DIR Coordinator/onsite point of contact regarding any scheduling interruptions and delays in service.

9th Floor Square Footage (SF) Information Space Total SF

DIR Internal Suite 9328 13,076 DIR Internal Suite 9433 9,407 DIR Internal Suite 9516 9,982 DIR Internal Suite 9628 10,361 DIR Internal Suite 9340 2,693 Common Corridor 6,516 Elevators 656 TOTAL 9th Floor SF 52,691

9th Floor Layout

DIR

13,076 SF

DIR

9,407 SF

DIR

9,982 SF

DIR

10,361 SF

DIR

2,693 SF

Common Space + Elevators

P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2

VCT

P2

P2

P2 P2 P2 P2 P2 P2

P2

P2

P2

P2

P2

P2 P2 P2 P2 P2 P2 P2

P2

P2 P2 P2 P2 P2 P2

VCT

LVT P2

P2 P2 P2 P2

P2

VCT

VCT

VCT

VCT

P2

P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2

P2

P2 P2 P2 P2P2 P2 P2 P2

P2

P2

P2 P2 P2 P2 P2 P2 P2 P2

P2 P3

P2P2 P2P2 P2P2 P2 P2 P2

P3

EXHIBIT A,

ATTACHMENT 1

SUITE FLOOR PLAN

Department of Industrial Relations

10th Floor Square Footage (SF) Information Space Total SF

DIR Internal Suite 10428 18,477 Common Corridor 6,390 Elevators 656 TOTAL 10th Floor SF 25,253

10th Floor Layout

DIR

18,477 SF

Common Space + Elevators

P2

VCT

VCT LVT VCT

VCT

VCT

P2

P3

P2 P2 P2 P2 P2 P2 P2

P2

P2 P2 P2 P2 P2 P2

ESD

Department of Industrial Relations

EXHIBIT A, ATTACHMENT 2

FINISH LEGEND

PAINT

Swatch Manufacturer Style Color Comments

Dunn Edwards Silver Spoon DE6366 P1 – Primary

Dunn Edwards Stieglitz Silver DET612 P2 – Accent

Dunn Edwards Wharf View DEC799 P3 – Accent

CORNER GUARDS

Manufacturer Style Color Comments

Wall Guard Model 2325.1 Paint Match Color shall match paint with walls installed on

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

A. INVOICING AND PAYMENT

1. For services satisfactorily rendered and upon receipt and approval of the invoice the State agrees to compensate the Contractor for actual expenditures incurred in accordance with Exhibit B, Attachment 1 – Contractor Cost Sheet, which is attached hereto and made a part of this Agreement.

2. Contractor shall submit one (1) original and one (1) copy of each invoice. Invoices must include the Agreement Number and must be submitted monthly in arrears to:

DIR Contact TBD

3. Invoices shall include:

a. Contractor’s Name

b. Contractor’s Address

c. Agreement Number

d. Date of Invoice

e. Date(s) of scheduled service

f. Total dollar amount of invoice

g. Address with suite number of service

B. BUDGET CONTINGENCY CLAUSE

1. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this

2. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount.

C. PROMPT PAYMENT CLAUSE

Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

D. TRAVEL AND PER DIEM

There shall be no reimbursement for travel or per diem.

EXHIBIT B, ATTACHMENT 1

CONTRACTOR COST SHEET

(Contractor Cost Sheet submitted with bid will be included in the final contract)

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

A. EXCISE TAX

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

B. SETTLEMENT OF DISPUTES

1. In the event of a dispute, Contractor shall file a “Notice of Dispute” with DIR within ten

(10) days of discovery of the problem. Within ten (10) days, the DIR shall meet with the Contractor and Project Manager for purposes of resolving the dispute.

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

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

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

C. POTENTIAL SUBCONTRACTORS

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

D. STOP WORK ORDER

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

E. TERMINATION

1. In addition to the rights under Exhibit C of the Standard Agreement, State reserves the right to terminate this Agreement in whole or in part at its sole discretion at any time upon thirty

(30) days prior written notice to Contractor.

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

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

4. Upon receipt of the final invoice, a final payment will be made to Contractor. This payment shall be for all State-approved costs that in the opinion of State are justified, and shall include labor, and materials purchased or utilized (including all non-cancellable…