S24BS011_IFB_RE-BID.pdf

STATE OF CALIFORNIA GAVIN NEWSOM, Governor

INVITATION FOR BID

Notice to Prospective Bidders Re-Bid IFB No. S24BS011

11/20/2024

You are invited to review and respond to this Invitation for Bid (IFB) No. S24BS011 entitled, “Locksmith 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 “December 9, 2024” no later than 5:00 pm. All bids must be submitted via electronic mail to the email address indicated below. 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 S24BS011 [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 deverett@dir.ca.gov

Cc: msanchez@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: Deanna Everett Email: deverett@dir.ca.gov CC: msanchez@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.

Department of Industrial Relations IFB No. S24BS011

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. Gen AI

DRAFT STANDARD AGREEMENT

Standard Agreement (STD 213) Exhibit A – Scope of Work Exhibit A, Attachment 1 – Locations 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. Detailed Response for Minimum Qualifications

12. Gen AI Disclosure and Fact Sheet

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. The Contractor shall perform comprehensive locksmith services to ensure the security and functionality of locks and related hardware for DIR offices.

DIR has delineated the Northern, Central, and Southern regions of California, as herein identified by addresses on Exhibit A, Attachment 1 - Locations. Bidders must clearly identify for which region they are placing their bid(s). Bidders may bid on more than one region.

This Agreement services the following counties: Alameda, Contra Costa, Fresno, Humboldt, Kern, Los Angeles, Monterey, Napa, Orange, Riverside, Sacramento, San Bernardino, San Diego, San Francisco, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Shasta, Sonoma, and Ventura Counties.

The contract term shall be for twelve (36) months.

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

DIRs budget for this project is $450,000.00 ($150,000.00 for Northern region, $150,000.00 for Central region and $150,000.00 for Southern region). 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 11/20/2024 4:00 P.M.

Deadline for Submission of Written Questions

11/27/2024 5:00 P.M.

Responses to Questions Posted 12/6/2024 4:00 P.M.

Bid Submission Due 12/9/2024 5:00 P.M.

Opening of Bids via Microsoft TEAMS

Link - Join the meeting now

12/10/2024 9:30 A.M.

Posting of Intent to Award Notice

(Notice is posted for five [5] business days) 12/16/2024 N/A

Estimated Contract Start Date 2/1/2025 N/A

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 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: Deanna Everett Email: deverett@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 S24BS011 [insert vendor name] Bid.”

5. Bids must be submitted to the following addresses:

Procurement@dir.ca.gov CC: deverett@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, 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:

http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx. 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.

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 11, 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 possess, at the time of bid submittal, a C28 (Lock and Security

Equipment Contractor) license from the Contractor’s State License Board

2. Bidder shall be in business for a minimum of five (5) years.

3. Bidder must provide references for the past five (5) years which demonstrate their experience providing the services described herein. References may be listed on the Bidder References Form, Attachment 4.

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:

Department of Industrial Relations Contracts and Procurement Branch Attention: Manager 1515 Clay Street, 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 Floor, Suite 7-330 West Sacramento, CA 95605 email address:

OLSProtests@dgs.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: http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx 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.

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.

N. Darfur Contracting Act Certification (Mandatory Submittal)

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

O. GenAI (Mandatory Submittal)

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 / Contractor must notify the State in writing if their solution or service includes, or makes available, any GenAI, including GenAI from third parties or subcontractors.

The State has developed a GenAI Reporting and Factsheet (STD 1000) to be completed by the Bidder / Offeror / Contractor. Failure to submit the GenAI Reporting and Factsheet (STD 1000) will result in disqualification of the Bidder / Offeror / Contractor.

Failure to report GenAI to the State may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure. Upon receipt of a Bidder / Offeror / Contractor GenAI Reporting and Factsheet (STD 1000), the state reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the state.

DRAFT STANDARD AGREEMENT

(TO BE INSERTED ONCE FINAL)

EXHIBIT A

SCOPE OF WORK

The Department of Industrial Relations (DIR) and (insert Contractor’s Name) hereafter referred to as Contractor agree to provide comprehensive locksmith services to ensure the security and functionality of locks and related hardware for DIR offices.

A. BACKGROUND

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 Contractor shall perform comprehensive locksmith services to ensure the security and functionality of locks and related hardware for the DIR offices as specified in Exhibit A, Attachment 1 – Locations.

B. DETAILED SCOPE OF WORK

The Contractor shall provide the following services for (insert region(s) here):

1. Contractor agrees to provide On-Call, As Needed and Immediate-Response Locksmith

Services as described herein.

2. Contractor shall provide all labor, tools, parts, materials, supplies, equipment, and travel necessary to install and rekey locksets for door supply cabinets, file cabinets, drafting tables, credenzas, desks, and repair of interior and exterior doorknobs, and maintain compliance with all American Disability Act (ADA) requirements.

3. Perform maintenance on all locks, including lubrication, adjustment, and testing.

4. Replace and install locks as needed to enhance security or accommodate changes in access requirements.

5. Manage key systems to track which types of keys are being utilized/created for sites and how many keys are at each location.

6. Provide key duplication and rekey locks when necessary due to personnel changes, lost keys, or security concerns.

7. Ensure that all locksmith services adhere to relevant building codes, security standards and regulations.

8. Maintain detailed records of all locksmith activities, including assessments, maintenance, repairs, and replacements.

9. Provide expert advice and recommendations on security enhancements to facilities management including potential system upgrades or changes.

10. Contractor shall repair doorknobs/handles, door hinges/closures, and magnetic door closures.

11. Contractor shall not leave a DIR facility unsecure without a locking door overnight. Door(s) and hardware shall be reinstalled or replaced the same day they are removed.

12. Contractor shall be reimbursed for the actual cost of replacement door hardware. Contractor shall receive approval from DIR Contract Manager prior to purchasing replacement hardware. Approval may be verbal but shall be confirmed in writing by the DIR Contract Manager.

13. Contractor shall assume possession and legally dispose of all waste and debris produced as a result of work performance. Waste and debris shall be removed by Contractor the same day it is created.

14. Contractor shall inform the DIR Contact Manager of work completed. Completed work shall be inspected by both Contractor and the DIR Contract Manager for completion acceptance.

15. DIR Contract Manager must approve all finished materials in advance of purchase.

16. Costs of door hardware or related replacement parts are to be substantiated by a copy of the appropriately signed invoice verifying the actual cost and delivery of the replaced components to the DIR Contract Manager. Contractor shall be reimbursed for the actual cost without additional allowance for mark-up.

17. All doorknob repair work shall be warranted for a period of 12 months after work is completed and any new installations/new construction shall be warranted for a period of three (3) years from the date installation and/or construction is completed. The two (2) warranty periods described in the preceding sentence cover both labor and materials. These required warranties shall survive expiration of the Agreement.

18. While it is not necessary to obtain building permits to perform the work on DIR-owned properties, the work is subject to inspection by local agency code enforcement. The DIR Contract Manager will also inspect and approve the work before approving any invoice for payment.

19. Contractor is expected to work in a professional, competent manner without direct supervision by the DIR Contract Manager.

20. Any work or material that is found to be substandard by the DIR Contract Manager, or not in compliance with State or local codes, will subject Contractor to a call back to redo the job and bring the job up to code. Contractor shall perform any work under a call back, including the materials required to complete such work, at its sole expense and at no cost to DIR.

21. A third call back to complete and/or correct work may constitute grounds for termination of this Agreement.

22. Contractor shall take all necessary precautions to prevent injury or hazard to DIR employees, or visitors, and shall avoid causing unreasonable inconvenience to any person doing business on DIR property. Contractor shall provide the necessary signs and devices to give adequate warning of any dangerous conditions.

C. ASSIGNMENT OF WORK

1. DIR Contract Manager shall issue a Service Request via email to Contractor for on-call/as-needed and immediate-response services.

2. The Service Request shall include the following information:

a. Agreement Number

b. Service Request Number

c. Date of Request

d. Contact name, requestor, and/or DIR Single Point of Contact (DSPOC)

e. DIR Contract Manager’s name

f. Prospective Date of Service

g. Type of Service (on-call/as needed or immediate response)

h. Time of Service (day(s) and time(s))

i. Timeline for Completion

j. Location Address of service

k. Specific Scope of Work to be performed under the Service Request, in accordance with the Scope of Work in this Exhibit A

l. Signatures of DSPOC and/or DIR Contract Manager

3. A Service Request may be classified as either of the following types:

a. On-Call, As Needed: work that requires maintenance and/or repair services where there is no immediate danger, no risk to public health, and no unsafe conditions posed to State property and/or employees.

b. Immediate-Response: vital work that requires repair services to be done in order to limit imminent damage, or safety hazard of State property and/or employees.

4. On-Call, As Needed Service Calls: The DIR Contract Manager will notify Contractor by telephone or email of the work to be done. On-call, as needed services assigned via the telephone will be followed-up with a Service Request within two (2) business days.

Contractor’s phone, including cell phones, shall be answered by an office employee between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday, except State holidays. An answering service or mechanical device is not acceptable during these hours.

An answering device may be used after working hours and on weekends and State holidays.

5. Immediate-Response Services: Contractor shall be at the site to begin work in response to immediate-response service calls within two (2) hours after receipt of the call, and work shall be completed within 24 hours of the call or as specified and authorized by the DIR Contract Manager. Contractor shall provide a cell phone number which shall be answered 24 hours a day, seven (7) days a week (24/7) in case of immediate response required. All Immediate- Response Service calls will be followed up with a Service Request within three (3) days of the call.

6. Contractor shall complete repairs by the following workday. Contractor shall inform the DIR

Contract Manager if additional time is needed and shall provide timeframe for completion to be approved by DIR’s Contract Manager in writing. Repairs are not complete until all replacement parts are installed. Temporary repairs due to unavailability of parts shall be approved by DIR’s Contract Manager via an additional Service Request.

7. Without the prior approval of DIR’s Contract Manager, Contractor shall only perform the work authorized in the Service Request. Contractor shall perform the specified jobs within the number of hours approved by DIR’s Contract Manager. Contractor’s time beyond this approved time will not be paid unless pre-approved in advance, in writing, by DIR’s Contract Manager. If non-contemplated work is required to accomplish the intent of the request, an additional authorization must be obtained from DIR’s Contract Manager before said work is begun. Any additional work or change in the work to be performed must be approved in writing, in advance, by DIR’s Contract Manager.

8. DIR recognizes Contractor’s need to schedule its work in the order in which it is received.

However, undue delay in completing this Agreement’s assigned work may be cause for termination of this Agreement.

9. Contractor shall inform the DIR Contact Manager of work completed. Completed work shall be inspected by both Contractor and the DIR Contract Manager for completion acceptance.

D. DAMAGES TO STATE PROPERTY

If any DIR property is damaged because of the actions of Contractor, or its employees, Contractor shall repair, at its sole expense, the damage which has occurred as a direct result of Contractor, or its employees. Repair efforts must be performed in a way that ensures all warranties are maintained for any products that are damaged. Repair efforts shall include the full costs for all required labor and materials. If the repair must be completed by an outside entity, the DIR Contract Manager will approve of who will be hired to complete the work.

E. FINAL CLEAN UP

1. Contractor shall leave the work site in a neat and clean condition. Contractor shall clean and keep the area in an orderly, safe, and clean condition including, but not limited to, spills and smudges. If work site is not left in a clean and orderly condition, Contractor shall be called back to correct the condition at no extra charge to DIR.

2. Contractor shall own and assume all responsibility for litter, waste, debris, and similar materials arising from or produced by the work performed under this Agreement. Contractor shall haul away and legally discard any materials or debris caused by its work actions from the job site.

3. Contractor shall dispose of or recycle the discarded materials at no additional cost.

F. SERVICE HOURS AND LOCATION

1. Location

Services shall be performed at DIR’s office locations specified in Exhibit A, Attachment 1 – Locations.

2. Business Hours

All services shall be performed during the normal business hours of 8:00 AM to 5:00 PM (PST), Monday to Friday, unless otherwise specified by DIR. Excluded are State of California holidays, as outlined by the California Department of Human Resources.

G. CONTRACT REPRESENTATIVES

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

Agency: Department of Industrial Relations Contractor:

Section/Unit: Section/Unit:

Attention: Attention:

Address:

Phone: Phone:

Email: Email:

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

EXHIBIT A

ATTACHMENT 1 – LOCATIONS

Performance of services outlined in this contract will be conducted at the following locations.

Northern California (Region 1)

Address City County

1855 Gateway Boulevard Concord Contra Costa

1065 E. Hillsdale Boulevard Foster City San Mateo

39141 Civic Center Drive Fremont Alameda

1880 North Main Street Salinas Monterey

950 E. Blanco Road Salinas Monterey

1515 Clay Street Oakland Alameda

455 Golden Gate Avenue San Francisco San Francisco

224 Airport Parkway San Jose Santa Clara

1555 Doolittle Drive San Leandro Alameda

50 D Street Santa Rosa Sonoma

4740 San Luis Obispo San Luis Obispo San Luis Obispo

427 F Street Eureka Humboldt

250 Hemsted Drive Redding Shasta

381 Hemsted Drive Redding Shasta

Central California (Region 2)

3419 Broadway Street American Canyon Napa

2550 Mariposa Mall Fresno Fresno

770 E. Shaw Avenue Fresno Fresno

3021 Reynolds Ranch Parkway Lodi San Joaquin

4206 Technology Drive Modesto Stanislaus

1750 Howe Avenue Sacramento Sacramento

2180 Harvard Street Sacramento Sacramento

1416 9th Street Sacramento Sacramento

2520 Venture Oaks Way Sacramento Sacramento

2031 Howe Avenue Sacramento Sacramento

160 Promenade Circle Sacramento Sacramento

250 Hemsted Drive Redding Shasta

381 Hemsted Drive Redding Shasta

Southern California (Region 3)

1065 Link Drive Anaheim Orange

1 Centerpoint Drive La Palma Orange

1500 Hughes Way Long Beach Los Angeles

320 W. 4th Street Los Angeles Los Angeles

355 S. Grand Avenue Los Angeles Los Angeles

4720 Lincoln Boulevard Marina Del Rey Los Angeles

800 Royal Oaks Drive Monrovia Los Angeles

1901 North Rice Avenue Oxnard Ventura

732 Corporate Center Drive Pomona Los Angeles

3737 Main Street Riverside Riverside

464 W. 4th Street San Bernadino San Bernadino

7575 Metropolitan Drive San Diego San Diego

4740 Allene Way San Luis Obispo San Luis Obispo

2 MacArthur Place Santa Ana Orange

130 E. Ortega Street Santa Barbara Santa Barbara

411 E Canon Perdido Santa Barbara Santa Barbara

6150 Van Nuys Boulevard Van Nuys Los Angeles

100 N. Barranca Street West Covina Los Angeles

1800 30th Street Bakersfield Kern

7718 Meany Avenue Bakersfield Kern

1550 Main Street El Centro Imperial

*The State reserves the right to add or remove locations in the event that locksmith services are required at a new location. Such changes may or may not require a formal amendment.

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 after each scheduled service in arrears to:

Department of Industrial Relations – Business Services/Facilities Unit

Contract Information - 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. Applicable rate

g. Total dollar amount of invoice

B. BUDGET CONTINGENCY CLAUSE

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

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

C. PROMPT PAYMENT CLAUSE

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

D. TRAVEL 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 commitments) to termination date at the rates set forth in the contract.

F. AMENDMENTS

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

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

G. INSURANCE REQUIREMENTS

1. Commercial General Liability

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

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

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

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

2. Automobile Liability times during the term of this Agreement. Contractor shall maintain motor vehicle liability with limits not less than $1,000,000 combined single limit per accident. Such insurance shall cover liability arising out of a motor vehicle including owned, hired and non-owned motor vehicles. The policy must include:

Department of Industrial Relations, State of California, its officers, agents, and employees are included as additional insured, but only with respect to work performed under this Agreement.

3. Workers’ Compensation and Employers’ Liability times during the term of this Agreement. Contractor shall maintain statutory workers’ compensation and employers’ liability for all its employees who will be engaged in the performance of the Agreement. Employers’ liability limits of $1,000,000 are required.

The policy must include:

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

The waiver of subrogation endorsement shall be provided.

4. General Provisions Applying to all Policies

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

purchasing@dir.ca.gov Subject Line: S24BS011 – Insurance Certificate

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

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

d. Primary Clause: Any required insurance contained in the Agreement shall be

e. primary, and not excess or contributory to any other insurance carried by the State.

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

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

h. Inadequate Insurance: Inadequate or lack of insurance does not negate the

Contractor’s obligations under the Agreement.

H. FORCE MAJEURE

Except for defaults of subcontractors, neither DIR nor the Contractor must be liable for or deemed to be in default for any delay or failure in performance under this Contract or interruption of services resulting from acts beyond the control of the offending party. This includes acts of God, enemy or hostile governmental action, civil commotion, strikes, government orders, national or state declared pandemics, lockouts, labor disputes, nuclear accident, freight embargo, fire, flood, earthquakes or other physical natural disaster, or governmental statutes or regulations superimposed after the fact.