Invitation_for_Bid_(IFB)_No_113780.pdf

February 25, 2025

TO PROSPECTIVE BIDDERS

SUBJECT: INVITATION FOR BID (IFB) No. 113780

Purchase and Installation of a Redundant Air Compressor, Training of EDD Staff, Preventative Maintenance (PM), and “as needed” Remedial Maintenance Services for the Hertz HBD 5 at the EDD facility located at 1733 Sports Drive, Sacramento, CA 95834.

Term: June 1, 2025 through May 31, 2027

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 Cheryl Raneses at (916) 296-0885 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 Cheryl Raneses at (916) 296-0885 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

Thursday, March 13, 2025 by 3:00 p.m. (PT)

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

/s/TALIAH ANDRADE Contract Analyst

Enclosures

Cc: Cheryl Raneses

Employment Development Department 722 Capitol Mall, MIC 62-C

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

Bid Due Date: March 13, 2025 Time: 3:00 PM (PT)

Exhibit Pages

Instructions to Bidders

A Scope of Work Attachment A-1, Specifications Attachment A-2, Preventative Maintenance Plan Attachment A-3, Extended Warranty Requirements Attachment A-4, Operating Instructions Attachment A-5, State of California Holiday Schedule

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

C *General Provisions – 04/2017

D Special Terms and Conditions

E Sample Standard Agreement, STD 213

F Cost Proposal

Attachment F-1 Calculations Worksheet

G Bidder Declaration

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

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

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

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

L 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. 113780

IFB No. 113780

STATE OF CALIFORNIA

EMPLOYMENT DEVELOPMENT DEPARTMENT

INSTRUCTIONS TO BIDDERS

Invitation for Bid (IFB) No. 113780

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. 113780.”

Exhibit F Cost Proposal

Attachment F-1 Calculations Worksheet

Exhibit G Bidder Declaration

Exhibit H Contractor Certification Clauses (CCC 04/2017)

Exhibit I Darfur Contracting Act Certification, if applicable

Exhibit J STD 204, Payee Data Record

Exhibit K STD 205, Payee Data Record Supplement, if applicable

Exhibit L STD 1000, GenAI Reporting and Factsheet

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 March 13, 2025. Signed copies of the sealed bid package are to be mailed or delivered to:

Email Delivery:

Taliah.Andrade@edd.ca.gov mailto:Taliah.Andrade@edd.ca.gov

Regular, Overnight and/or Express Delivery:

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

Bids received and time stamped after 3:00 p.m. (PT) on the bid closing date of March 13, 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, the Contractor made a commitment to achieve Disabled Veteran Business Enterprise (DVBE) participation, then the 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)).

The 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 the 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 submitted a bid when the bidder’s license is suspended on the date of the bid opening and/or award of the Contract, or during the proposed term of the Agreement; submitted a bid without an authorized signature; falsified any information in the proposal package or has provided poor performance on a previous contract with the EDD, etc.), the bid/proposal shall be rejected.

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

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

8. Tie Bids

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

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

9. Subcontractors

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

10. Subcontractors Substitution

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

11. Disposition of Bids

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

12. Grounds For Protest

a. Those who may protest are as follows:

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

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

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

13. Protest Exclusions

The State has no jurisdiction to consider a protest when:

• The Contract is considered a public works contract.

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

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

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

• The protest was not submitted in a timely manner.

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

14. Notification of the Right to Protest

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

Department of General Services

Office of Legal Services Attention: Bid Protest Coordinator

707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605

Bid Protest Coordinator Email address: OLSProtests@dgs.ca.gov

Employment Development Department Contract Services Group

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

FAX: (916) 319-1684

mailto:OLSProtests@dgs.ca.gov

15. Conditions and Commitment

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

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

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

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

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

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

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

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

c. Payee Data Record, STD. 204

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

d. California Taxpayer and Shareholder Protection Act of 2003

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

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

e. Registered To Do Business In California

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

California Secretary of State

Division of Corporate Filing and Services 1500 Eleventh Street, Third Floor

Sacramento, CA 95814-5701 Certification Unit: (916) 657-5251 https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-April-2017-FINALapril2017.ashx?la=en&hash=04E212331938533CCF1EC73EB0BC1FDCBADAC601

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. 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.

h. 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.

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

https://businesssearch.sos.ca.gov/ https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm https://www.ftb.ca.gov/aboutFTB/Delinquent-Taxpayers.shtml https://www.ftb.ca.gov/aboutFTB/Delinquent_Taxpayers.shtml http://www.boe.ca.gov/cgi-bin/deliq.cgi

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

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

The certificate of insurance must include the following provision stating:

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

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

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

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

n. 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

o. 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.

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

p. 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 EDD.

q. Generative Artificial Intelligence (GenAI) Technology

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

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

Upon receipt of a Bidder/Offeror/Contractor GenAI Reporting and Factsheet the state reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the State.

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf

EXHIBIT A

SCOPE OF WORK

(Standard Agreement)

1. This Agreement is entered into between the Employment Development Department, hereinafter referred to as the EDD, and TBD, hereinafter referred to as the Contractor, for the purpose providing a Redundant Air Compressor, Installation, Training, Preventative Maintenance (PM) and "As Needed" Remedial Repair Service for the Hertz HBD 5 located at 1733 Sports Drive, Sacramento, CA 95834 in accordance with IFB No.

113780.

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

State Agency Contractor Employment Development Department Attn: Cheryl Raneses

TBD

Attn:

1733 Sports Drive, MIC 38 Sacramento, CA 95834 Phone: (916) 296-0885 Email: Cheryl.Raneses@edd.ca.gov

Phone:

Email:

3. The services shall be provided in accordance with Attachment A-1, Specifications, Attachment A-2, Preventative Maintenance Plan, Attachment A-3, Extended Warranty Requirements, Attachment A-4, Operating Instructions, and Attachment A-5, State of California Holiday Schedule, which are incorporated as a part of this Agreement.

4. Health and Safety Requirements

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

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

mailto:cheryl.raneses@edd.ca.gov

EXHIBIT A

SCOPE OF WORK

(Standard Agreement)

5. BACKGROUND INVESTIGATION

The EDD shall conduct a background investigation of the Contractor, its employees, contractors, agents, volunteers, vendors, or subcontractors, unless the EDD determines such individuals are not subject to a background investigation. Individuals must voluntarily consent to a background check and the EDD reserves the right to disapprove any individual from performing services under the scope of the Contract.

Investigations will be conducted to ascertain whether a contractor, its employees, contractor’s agents, volunteers, vendors, or subcontractors have any state or federal convictions, or are currently released from custody on bail or on their own recognizance pending trial. The background investigation will include fingerprinting and an inquiry to the California Department of Justice and the Federal Bureau of Investigations (FBI) to disclose Criminal Offender Record Information. The EDD will absorb the cost of the fingerprinting services.

ATTACHMENT A-1

SPECIFICATIONS

(Standard Agreement)

I. Scope of Work

The installation of the redundant air compressor shall take place during normal business hours where the existing air compressor is located, in the warehouse, at the Office of Documents, Publications, and Distribution, (ODPD) Natomas facility.

• Address: 1733 Sports Drive, Sacramento, CA 95834

• Business Hours: 8:00 am to 3:00 pm, Monday to Friday.

• Site Contact: Cheryl Raneses o (916) 296-0885 o cheryl.raneses@edd.ca.gov

II. Air Compressor – Specifications

• Hertz Oil Flooded Model # HBD5 - 7.5 HP @ dual voltage 460- 230/3/60 air cooled Hertz Kompressoren

• 7.5 Horsepower

• Wye Delta

• Sound Enclosure

• 72 DBA

• 120 Gallon Horizontal Tank Mount with Electronic Drain

• External Mounted Refrigerated Dryer

• Coalescer Filter Housing – 1 UM

• Particulate Filter Housing – 0.001UM

• Length (Tank Mounted) 34 inches

• Width 22 inches

• Height (Tank Mounted) 34 inches

• Weight (Tank Mounted) 441 pounds

• ½ inch Connection

• Eaton Safety Switch, 30A, 3P 600VAC/250VDC, HD, Non-Fusible, NEMA 1

• Copper Pipe and Fittings (Press Fit) ¾ inch and supports and hangers to install compressed air line

• Electrical wire and conduit

III. Installation, Training and Acceptance

• The air compressor shall be installed, configured and tested by trained technicians.

The Contractor will provide on-site setup and start-up service which will be accomplished by trained technicians to ensure equipment is running in accordance with the manufacturer’s specifics and adjusted to factory specifications.

• The redundant air compressor should be installed in the same location as the existing unit, preferably adjacent to it and behind the safety bollards.

• To accommodate the new air compressor, the existing compressor, dryer, and oil separator may need to be relocated slightly, while remaining behind the safety bollards and adjacent to the redundant unit.

mailto:cheryl.raneses@edd.ca.gov

ATTACHMENT A-1

SPECIFICATIONS

(Standard Agreement)

• The redundant air compressor shall be installed in such a way that either compressor is capable of handling the entire demand for compressed air on its own. If the primary air compressor were to fail, the redundant unit will automatically take on the entire demand without interruption to ODPD’s production.

• After the Contractor successfully installs the equipment and completes on-site functional testing, acceptance of the equipment will be made on how well the equipment is integrated into our production workflow. This will be done by the Contractor performing air pressure system tests and pressure system leak tests. The redundant compressor will then be used to operate the EDD’s equipment to run a live system check for up to one hour to ensure all equipment is operating optimally.

The Contractor will then perform follow up air pressure system tests and pressure system leak tests to ensure the system continues to perform correctly.

• The Contractor will provide training to the EDD staff. Training will be delivered on-site following installation and testing acceptance and will include a complete overview of system components and required adjustments to ensure proper system performance.

The Contractor will coordinate the training schedule with the EDD.

IV. Electrical Requirements

• New electrical is the responsibility of the EDD.

V. Maintenance Schedule

• Services shall be performed as specified in Section VIII, Maintenance Requirements.

The Contractor is required to notify the EDD Representative of scheduled maintenance twenty-four (24) hours in advance of maintenance servicing.

• The preventative maintenance shall be performed as follows, however, maintenance scheduled periods may be modified by mutual agreement:

Hertz HBD 5

• Major PM: One (1) per year, performed in June

• Minor PM: Three (3) per year, performed in September, December and March

• Before performing any services, the Contractor shall contract the EDD Representative to obtain information regarding the equipment’s performance.

• All maintenance and repairs shall be performed during the normal working hours of the office unless other arrangements are agreed to by the EDD Representative.

VI. Extended Warranty Requirements

• The Hertz Kompressoren model number HBD 5 is under an extended warranty for five (5) years.

(Standard Agreement)

• The Contractor shall follow the OEM extended warranty requirements outlined in Attachment A-3, Extended Warranty Requirements, to ensure that the equipment maintains extended warranty coverage.

• The Contractor shall inform the EDD Representative immediately should there be a lapse in extended warranty coverage.

VII. Maintenance Requirements

• The Contractor is to provide preventive maintenance required by the manufacturer and in accordance with the operating instructions to keep the equipment in good working order and maintain the validity of the equipment's warranty. Use of genuine Hertz Kompressoren OEM parts and lubricants is required and must be purchased from an authorized Hertz Kompressoren distributor.

• Preventative maintenance (PM) shall consist of Major PM service for the air compressor and Minor PM services performed thereafter. Preventative maintenance shall be performed in accordance with the specifications listed in Attachment A-2, Preventative Maintenance Plan, Attachment A-3, Extended Warranty Requirements, along with the recommended maintenance schedule located in Attachment A-4, Operating Instructions, for the compressor package.

• The Contractor must participate in the Hertz Kompressoren oil analysis sampling program. Any recommendations detailed in the oil analysis report must be followed.

Oil sample bottles are to be obtained from a local authorized Hertz Kompressoren distributor.

• The Contractor shall identify existing or potential maintenance issues and provide an evaluation of the overall condition of the equipment and any recommendations for additional repairs to the EDD Representative.

• Maintenance parts will be furnished by the Contractor and will be new or equivalent to new in performance when used in the equipment.

• The Contractor shall maintain a maintenance log detailing the maintenance performed along with the operational hours. This includes the following changes: air filter, oil filter, separator and lubricant.

VIII. “As-Needed” Remedial Repairs

• The Contractor shall provide “as needed” remedial repair service in accordance with the Original Manufacturers specifications and maintain the equipment in good operating condition, ensuring that the equipment maintains its functionality as designed.

• “As-Needed” remedial repairs must be available 24 hours a day, 7 days a week. The Contractor shall respond to requests for “as-needed” remedial repair services not more than 24 hours from the time the EDD Representative places a service call to having a technician onsite to resolve any issue.

(Standard Agreement)

• The Contractor shall make every attempt to complete the repairs the same business day. When a part must be ordered that will delay the completion of repairs the same working day, the Contractor shall inform the EDD Representative immediately.

• As-needed remedial repair service and part(s) or complete repairs not covered by the warranty will be billed separately at the approved rate. A contingency fund will be established to cover remedial repairs.

IX. Contractor Responsibilities

• It is the Contractor’s responsibility to provide professional services by trained certified technicians.

• The Contractor will identify existing or potential maintenance issues and provide an evaluation of the overall condition of the equipment and any recommendations for additional repairs to the EDD Representative.

• Repair costs deemed as above the maintenance costs are not permitted without the

Contractor first submitting a written description of the problem and identifying the estimated repair cost. The EDD Representative must then obtain permission to make the repairs, and a service order number from the Business Operations Planning and Support Division. The EDD may require competitive bidding as dictated by current legal requirements before a service order number or contract is issued.

• The Contractor shall abide by any and all federal, state, county, and city laws or rules affecting the work, and shall maintain all required protection for property, employees, and the public, and insurance in connection with same for all of which the Contractor shall bear the necessary expense.

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

X. 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.

XI. Utility Interruptions

• Interruptions to any services for the purpose of performing the work 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 within the building.

XII. Cleanup

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

XIII. Advance Work

• Should the Contractor begin work in advance of receiving notice that the Agreement has been approved, any work performed by him/her in advance of said date of approval shall be considered as having been done by the Contractor at his/her own risk and as a volunteer unless said Agreement is so approved.

XIV. Materials

• 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 therefrom, which shall appear within a period of one year from the date of acceptance of work.

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

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

XV. Health, Safety, and Security

• 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 the work can be performed.

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

(Standard Agreement)

• The EDD office area may be occupied during work to be performed 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.

XVI. Guarantees

• 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.

ATTACHMENT A-2

PREVENTATIVE MAINTENANCE PLAN

(Standard Agreement)

Perform Major PM Service on air compressor as the following schedule describes:

• Replace air filter

• Replace oil filter element

• Replace separator element

• Remove cabinet filter and clean out with compressed air

• Replace Lubricant and top off

• Check combination cooler (2 pass cooler) or Heat Exchanger-Blow out with compressed air

• Inspect thermostatic element operation

• Check Scavenge Line – clean scavenge line – verify proper operation

• Inspect and verify the following valves: normal operation on the Inlet valve, blow down valve, minimum pressure check valve & unload/load solenoid valve operation(s)

• Inspect Oil Water Separator for normal operation, if applicable

• Inspect and verify correct dryer operation & drain(s) operation

• Inspect air tank(s) for proper safety valve and working pressure gauge

• Check for air and oil leaks and repair if necessary

• Test run units and verify correct operation and control settings

• Record amp draw & voltage on all three (3) legs of power

Oil Water Separator Perform Major PM Service on Oil Water Separator System as the following schedule describes:

• Remove and replace OWS cartridge / OWS Bag

• Inspect OWS system for normal operation

• Clean around and on OWS housing

• Dispose of the spent Cartridge and OWS bag per EPA guidelines

• Provide a written dispatch of the work performed and of the unit’s condition

Perform Minor PM Service on the air compressor as the following schedule describes:

• Replace air filter element replace with new elements

• Replace oil filter element replace with new elements

• Remove cabinet filter and panel element replace with new elements

• Verify correct lubricant level – top off if necessary

• Check combination cooler (2 pass cooler) – Blow out with compressed air

• Inspect and verify normal operation on the following valves:

• Inlet valve, blow down valve, minimum pressure check valve & unload/load solenoid valve operation(s)

• Inspect and verify normal dryer operation & drain(s) operation

• Clean condenser on refrigerated dryers

• Check for air and oil leaks and repair if necessary

• Inspect Oil Water Separator for normal operation, if applicable

• Test run units and verify correct operation and control settings

• Record amp draw & voltage on all three (3) legs of power

• Provide a written dispatch of the work performed and of the unit’s condition

SMART+

EXTENDED WARRANTY

Hertz_extended_warranty_brochure_2019.indd 1 21.06.2019 14:38

ATTACHMENT A-3

EXTENDED WARRANTY REQUIREMENTS

(Standard Agreement)

The extended warranty is available on all new Hertz Kompressoren oil- lubricated rotary screw packages shipped after January 1, 2017.

To receive the extended airend and package component warranty, the requirements l isted below must be performed and documented during the full warranty period. In the event of a claim under this warranty, documentation shall be provided evidencing full compliance with this requirement.

Oil-Lubricated Rotary Screw Compressor Packages

SMART+

Extended Warranty

SMART+ EXTENDED

WARRANTY PERIOD

Hertz Kompressoren (the “Company”) shall warrant the components identified below to be free of defects in material and workmanship for the warranty period. Normal wearing components and servicing of these items is not covered under the extended warranty.

The Company’s obligation under this warranty is l imited to repairing or, at its option, replacing, during normal business hours at an authorized service facil ity of the Company, any part which in its sole judgment proved not to be as warranted within the applicable warranty period as follows. Regular maintenance in accordance with the service manual and use of genuine

Hertz Kompressoren OEM parts and lubricants is required.

COMPONENT EXTENDED WARRANTY COVERAGE DETAILS

Package 12 months from startup or 15 months from date of shipment to first purchaser, whichever occurs first

All components within the package, excluding normal wear items

Airend 120 months (10 years) from date of initial startup or 123 months from shipment, whichever occurs first

Normal wearing items, such as shaft seals and inlet valve components, along with the servicing of these items is not covered under the warranty unless deemed as material or workmanship defects. Any disassembly or partial disassembly of the airend, or failure to return the “unopened” airend per Company instructions, will be cause for denial of warranty

Electric Motors 60 months (5 years) from date of initial startup or 63 months from shipment, whichever occurs first

Includes both drive motor and cooling fan motor.

For nonstandard motors, the original manufacturer’s warranty will take precedence.

Major Package Components 60 months (5 years) from date of initial startup, or 63 months from shipment, whichever occurs first

Includes package controller, variable frequency drive if applicable, air/oil reservoir, and air/oil cooler.

Labor

Package: 12 months from startup or 15 months from date of shipment to first purchaser, whichever occurs first

Airend / Electric Motors / Major Package Components:

60 months from date of initial startup, or 63 months from shipment, whichever occurs first

Service will be provided by Company representative or authorized service personnel, for repair or replacement of any product or part which in the Company’s sole judgment is proved not to be as warranted. Labor shall be limited to the amount specified in the Company’s labor rate schedule. All costs of transportation of product, parts, and repaired or replacement parts claimed not to be as warranted to and from such service facilities shall be borne by the Purchaser. The Company may require the return of any part claimed not to be as warranted to one of its facilities as designated by Company, transportation prepaid by Purchaser, to establish a claim under this warranty. Replacement parts provided under the terms of the warranty are warranted for the remainder of the Warranty Period.

Hertz_extended_warranty_brochure_2019.indd 2 21.06.2019 14:38

ATTACHMENT A-3

EXTENDED WARRANTY REQUIREMENTS

(Standard Agreement)

The Extended Warranty Registration Form must be completed and returned to

Hertz Kompressoren within 30 days of the compressor package start-up date.

Use of Genuine Hertz Kompressoren OEM parts and lubricant (or warranty kits) as specified in the service manual must be purchased from an authorized Hertz Kompressoren distributor. Maintenance shall be performed in accordance to the table found below along with the recommended maintenance schedule found in the service manual for the appropriate compressor package. Consult the service manual for proper maintenance intervals for the operating hours of the equipment. Notice of alleged defect must be given to Seller in writing with all identifying details including serial number, model number, equipment type and date of purchase, within thirty

(30) days of discovery of defect…