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REQUEST FOR PROPOSALS

for

Upgrading Windows

at the

California Energy Commission

Warren-Alquist State Energy Building

RFP Number: 16-01

June 2, 2016

June 2, 2016

REQUEST FOR PROPOSAL FOR UPGRADING WINDOWS

NOTICE TO PROPOSERS

Contractors able to provide window fenestration are invited to review and respond to this Request for Proposal (RFP) to alter and replace existing fenestration in identified areas of the Warren-Alquist State Energy Building with a dynamic glass product. In submitting your response, you must comply with all instructions as provided in this RFP.

Please refer to the Sample agreement that is attached to this RFP, as it includes the State’s General Terms and Conditions (GTC 610) and the Contractor Certification Clauses (CCC 307), which may also be viewed and downloaded at Internet site http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx. Interested bidders are strongly encouraged to review the Sample Agreement and submit questions in accordance with the prescribed instructions.

This RFP is advertised on the California State Contracts Register through Cal eProcure at:

http://www.caleprocure.ca.gov.

The State reserves the right to modify this RFP prior to execution. Such modifications will be published on Cal eProcure as Addenda to this RFP.

In the opinion of the Department of General Services (DGS), this RFP is complete and without need of explanation. However, if you have questions or should you need any clarifying information, the RFP Administrator is:

Conrad Lewis, RFP Administrator

Department of General Services

707 3rd Street, 4th Floor

West Sacramento, CA 95605-2811

Conrad [email protected]

(916) 376-1630

All questions and requests for information must be submitted in writing as instructed in this RFP. Please note that no verbal information will be binding upon the State unless such information is issued in writing as an official addendum.

All response submittals to this RFP must be received by the RFP administrator by 2:00 p.m. Pacific Standard Time (PST) Thursday, July 14, 2016 at the address listed above.

TABLE OF CONTENTS

I. Introduction3

A. Purpose of RFP3

B. Background3

C. Key Action Dates4

D. RFP Participation And How Award Is Determined4

II. sCOPE OF WORK AND DELIVERABLES6

A. General Requirements6

III. sUBMISSION AND EVALUATION7

A. Proposal Submission Requirements7

B. Proposal Evaluation, Selection And Award10

C. Preference And Incentive Programs11

D. Required Attachments14

ATTACHMENTS

1

Required Attachment Check List

2

Proposal/Proposer Certification Sheet

Completion Instructions for Proposal/Proposer Certification Sheet

3

Bidder Declaration (GSPD-05-105)

4

Payee Data Record

5

Proposer References

6

Darfur Contracting Act

7

Iran Contracting Act

8

Commercially Useful Function Certification

9

Proof of Insurance

10

11

12

13

14

15

16

Copies of Licensures and Certifications

Non-Collusion Affidavit

Proposal Requirements and Scoring

Contractor Certification Clauses (CCCs)

Technical Proposal

Scenarios

Sample Standard Agreement (Std. 213) and Exhibits

I.Introduction

A. Purpose of RFP

This RFP will secure services to alter the existing fenestration for the Warren-Alquist State Energy Building (known formerly as the California Energy Commission Building) at 1516 9th Street, Sacramento, California (“the building”). The alteration includes the replacement of existing fenestration with a dynamic glass product. A dynamic fenestration will include glass that automatically tints according to outdoor conditions and/or work environment preference in response to applied voltage, allowing control of daylight, glare, and heat load within a building. This fenestration project includes windows, framing, spacers, and glazing that will meet the National Fenestration Rating Council’s whole-product energy performance rating.

This RFP requests proposals from licensed contractors who wish to participate in a zero cost Request for Proposal (RFP) as part of the California Energy Commission’s efforts to improve building performance. This is a zero cost RFP with no cost to be charged to the State for completion of this fenestration project. This RFP seeks bidders willing to perform work free-of-charge, in exchange for product visibility in a State-owned building. Signage will be prepared near the newly installed windows and in the atrium to identify the manufacturers and installers of the windows selected through this RFP and will explain the performance characteristics of each window type. This is an opportunity for manufacturers to showcase their dynamic glass window products The State envisions a building that showcases energy-efficient retrofit techniques and sustainable building technologies. The building will be a living laboratory that will introduce visitors to active, cutting-edge energy efficiency technologies in an operational work environment.

B. Background

When the building was constructed in 1982, the windows installed along the exterior walls and the interior walls facing the atrium included three glazing configurations that still exist today: double-pane tinted glazing, single-pane tinted glazing, and single-pane clear glazing. The structural system is reinforced concrete with concrete waffle slabs. Several architectural approaches were used to shade the building windows from direct sunlight while still taking advantage of the natural light. In support of the original daylighting concept, louvers were installed on the south, east, and west sides of the building. The louvers on the east and west sides of the building are configured as parallel vertical fins. The louvers on the south side are horizontal. The south side horizontal louvers are moveable by hand. These louvers are in random positions and susceptible to movement in the wind. The louvers on the west side of the building are fixed in place, 45 degrees west of due north.

The building has double-pane tinted glazing that runs along the exterior walls and most of the walls between the office areas and the atrium. The double-pane windows are 6’ tall and span between 3’ and 9’ above the finished floor. Four out of every six of these windows are operable. The single-pane tinted glazing occurs in the glass doors and sidelights between the office areas and the open atrium. These glazings are 9’ tall and extend from the floor to the ceiling. The single-pane clear glazing runs along the exterior walls and most of the walls separating the office spaces from the atrium. These single-pane glazings are 2’9” tall and span between 9’ and 11’9” above the finished floor. The southern exposure has a combination of movable overhangs and fixed fins to minimize solar exposure. The east and west exposures have movable fins to minimize solar exposure.

The goal of this RFP is to complete this fenestration project which will bring the building back to the original daylighting design intent and reduce lighting and HVAC energy loads while improving indoor environmental quality. Responses to this RFP request will be evaluated and considered for replacement and improvement of existing single-pane and double-pane windows with advanced fenestration solutions that improve day lighting and reduce heating and cooling costs.

C. Key Action Dates

Listed below are important event dates and times associated with this RFP. The State reserves the right to change this schedule and/or events at any time during the RFP period by releasing Addenda via Cal eProcure.

EVENT

DATE

TIME (PST)

RFP Available to Prospective Bidders

06/02/16

Date of Mandatory Walk-Through

06/16/16

10:00 a.m.

Deadline to Submit Written Questions

06/23/16

Questions and Answers to be Available

06/30/16

Deadline for RFP Proposal Submission

07/14/16

2:00 p.m.

DGS anticipates issuing a Notice to Proceed in August or September 2016.

D. RFP Participation and How Award is Determined

This RFP seeks proposals from licensed contractors who wish to participate in a zero cost/no cost to the State opportunity as part of the California Energy Commission’s efforts to improve building performance.

1. Eligible Bidders

The agreement resulting from this RFP solicitation includes required terms and conditions that set forth the contractor’s rights and responsibilities, and other compliance documents required to be completed, signed or provided by the contractor. Failure to provide timely, complete, accurate information as required of this RFP is grounds for rejection of submitted proposal.

2. Mandatory Pre-Bid Walk-Through

Proposers shall attend the mandatory walkthrough, which is scheduled on the date and time specified above in Section C. Key Action Dates. The walkthrough will be held at the Energy Commission Building located at 1516 9th Street in Sacramento. Please meet in the front lobby near the security desk.

Proposals will only be accepted from Proposers attending the mandatory walkthrough. Proposers will be required to sign-in to confirm attendance.

3. Questions

All questions regarding this RFP must be submitted in writing by the date set forth in Section C, Key Action Dates, to the RFP Administrator identified on the Notice to Proposers. Responses to questions submitted will be made available to all bidders and posted to Cal eProcure.

Any verbal communication with any State employee concerning this RFP is not binding on the State and shall in no way alter a specification, term, or condition of the RFP. Therefore, all communication should be directed in writing to the RFP Administrator.

4. Responses to this RFP

Responses to this RFP solicitation shall be in the form of a proposal. The proposal shall be submitted in accordance with the format described in this RFP. The proposal shall explain and provide the proposer’s approach, experience, and qualifications to perform the tasks described in the scope of work, and include all documents and information required of this RFP. No cost shall be charged to the State for this RFP. For purposes of this RFP, the proposer/vendor will provide all products and services required to complete the project, free of charge to the State.

E. Contract Requirements

1. Insurance

Contractor shall provide insurance coverage meeting the requirements listed in the Sample Agreement, Exhibit D. Please review Sample Agreement, Exhibit D for more details.

2. Payment and Performance Bonds

Contractor shall provide a payment bond and a performance bond issued by a surety authorized to conduct business in California. Please see Sample Agreement, Exhibit D for more details.

3. Prevailing Wage

Contactor and any subcontractor(s) shall adhere to the payment of prevailing wages as determined by the California Department of Industrial Relations (DIR). Please see Sample Agreement, Exhibit D for more details.

F. Reference Documents

Proposers responding to this RFP may want to familiarize themselves with the following documents:

Governor Edmund G. Brown Executive Order B-18-12

http://gov.ca.gov/news.php

State of California Green Building Action Plan: http://www.documents.dgs.ca.gov/green/GreenBuildingActionPlan.pdf

II.Scope of Work and Deliverables

This section summarizes the key program design concepts and proposal deliverables that proposers must include and respond to for this RFP.

A. General Requirements

1. Overview and General Information

This RFP is intended to provide basic information for installing a dynamic glass fenestration solution to conserve energy and improve daylighting at the Energy Commission building.

Proposals will be considered to replace existing single-pane and double-pane windows with dynamic glass windows that improve daylighting and reduce heating and cooling costs.

To enable a whole-product energy performance rating for commercial fenestration projects, the RFP proposal shall include performance data from the three primary components of fenestration: frames, spacers, and glazing.

As part of this fenestration project, the winning proposer will be required to remove, protect and store the current windows, in-tact, in the DGS-controlled basement area within the CEC building.

2. Mandatory Experience

Proposer is required to have the following minimum mandatory documented experience in order for their proposal to be qualified for consideration:

a) Proposer must have completed and tested high-performance fenestration projects.

b) Proposer must have developed and completed at least five fenestration installation projects.

3. Mandatory Technical Requirements

The following minimum mandatory technical requirements will apply to any work performed under a contract resulting from this RFP:

a) Achieve a maximum U-Factor of 0.47

b) Achieve a maximum RSHGC of 0.31

c) Achieve a minimum VT of 0.32 for operable windows and 0.42 for fixed windows

d) Achieve a dynamic fenestration solution. A dynamic fenestration solution will include glass that automatically tints in response to outdoor conditions and/or work environment preference, in response to applied voltage, in order to control building daylight, glare, and heat load.

These mandatory technical requirements for alteration of existing fenestration address the air tightness of each window unit, how the U-Factor and RSHGC are determined, as well as the visible transmittance (VT) of the project. The results of the project will stand-alone and be specific to the use of advanced window technology as an efficient means of meeting energy conservation requirements.

Scenario 1 requires achievement of fenestration replacement of approximately

1949 square feet. Scenario 2 requires achievement of fenestration replacement of

approximately 864 square feet. See Attachment 15, Scenarios, for more details.

4. Cost Requirements

This is a zero cost RFP with no cost to be charged to the State for any work required of this fenestration project. This RFP seeks bidders willing to perform work free-of-charge, in exchange for product visibility in a State-owned building. Any cost included in proposal submitted is grounds for disqualification without further consideration.

III Submission and Evaluation

A. Proposal Submission Requirements

1. Required Proposal Format

All proposals submitted under this RFP must be typed or printed using a standard 11point font, singled-spaced, and a blank line between paragraphs. Pages must be numbered and sections titled and printed back-to-back. Spiral or comb binding is preferred, and tabs are encouraged. Binders are discouraged.

2. Copies Required

Bidders must submit the original and 4 copies of the proposal.

Bidders must also submit electronic files of the proposal on CD-ROM or USB memory stick along with the paper submittal. Only one CD-ROM or USB memory stick is needed. Electronic files must be in Microsoft Word (.doc format) and Excel Office Suite formats. Electronic files submitted via email will not be accepted.

3. Packaging and Labeling

The original and copies of the proposal must be labeled "Request for Proposal RFP 16-01”.

Proposals must be received (by mail or hand-delivered) no later than the date and time set forth in Section I, Subsection C, Key Action Dates.

All Proposals are to be submitted in a sealed Package/Envelope with the following address and information:

Person’s Name, Phone #

Bidder’s Name

Street Address

City, State, Zip Code

FAX #

RFP 16-01

Attn: Conrad Lewis, RFP Administrator


707 3rd Street, 4th Floor

West Sacramento, CA 95605-2811

In Bold Letters Please indicate the following statement on FRONT of Package/Envelope:

TECHNICAL PROPOSAL

DO NOT OPEN

4. Submission of Proposal

a) All proposals must be submitted under sealed cover and received by the RFP Administrator before 2:00 P.M. on the date indicated in Section I, Subsection C, Key Action Dates. The sealed cover must be plainly marked with the RFP number and title, must show your firm name and address, and must be marked with “TECHNICAL PROPOSAL DO NOT OPEN”. Proposals not submitted under sealed cover may be rejected. Proposals received after the date and time specified in RFP will not be considered.

b) All proposals shall include the documents identified on the Required Attachment Checklist. Proposals not including the proper “required attachments” shall be deemed non-responsive. A non-responsive proposal is one that does not meet the basic proposal requirements.

c) All documents requiring a signature must bear an original signature of a person authorized to bind the proposing firm. The signature should indicate the title or position that the individual holds in the firm. An unsigned proposal may be rejected.

d) A minimum of 1 original and 4 copies of the proposal must be submitted.

e) The original proposal must be marked “ORIGINAL COPY”. All documents contained in the original proposal package must have original signatures and must be signed by a person who is authorized to bind the proposing firm. All additional proposal sets may contain photocopies of the original package.

f) Proposals 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 proposal to be rejected.

g) A proposal may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The State may reject any or all proposals and may waive an immaterial deviation in a proposal. The State’s waiver of an immaterial deviation shall in no way modify the RFP document or excuse the Proposer from full compliance with all requirements if awarded the agreement.

h) Costs incurred for developing proposals and in anticipation of award of the agreement are entirely the responsibility of the Proposer and shall not be charged to the State of California.

i) An individual who is authorized to bind the Proposer contractually shall sign the Bid/Bidder Certification Sheet, Attachment 2. The signature should indicate the title or position that the individual holds in the firm. An unsigned proposal may be rejected.

j) A Proposer may nullify a proposal after its submission by withdrawing its original proposal and resubmitting a new proposal prior to the proposal submission deadline. Proposer modifications offered in any other manner, oral or written, will not be considered.

k) A Proposer may withdraw its proposal by submitting a written withdrawal request to the State, signed by the Proposer or an authorized agent. A Proposer may thereafter submit a new proposal prior to the proposal submission deadline. Proposals may not be withdrawn without cause subsequent to proposal submission deadline.

l) The awarding agency may modify the RFP prior to the date fixed for submission of proposals by posting an addendum to Cal eProcure.

m) The awarding agency reserves the right to reject all proposals. The agency is not required to award an agreement.

n) Before submitting a response to this solicitation, Proposers should review, correct all errors, and confirm compliance with the RFP requirements.

o) The State does not accept alternate contract language from a prospective contractor. A proposal with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable.

p) No oral understanding or agreement shall be binding on either party.

B. Proposal Evaluation, Selection and Award

1. Administrative Evaluation

a) At the time of proposal opening, each proposal will be checked for the presence or absence of required information in conformance with the submission requirements of this RFP.

b) The State will evaluate each proposal to determine its responsiveness to the published requirements. The State reserves the right to reject any proposal if it does not meet the requirements as defined in this RFP.

c) Proposals that contain false or misleading statements, or which provide references, which do not support an attribute or condition claimed by the Proposer, may be rejected.

2. Technical Evaluation

The technical areas of the proposal will be evaluated and scored in accordance with Attachment 12: Proposal Requirements and Scoring.

3. Disposition of Proposals

a) Upon proposal opening, all documents submitted in response to this RFP will become the property of the State of California, and will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and subject to review by the public.

b) Proposal packages may be returned only at the Proposer’s expense, unless such expense is waived by the awarding agency.

4. Agreement Execution and Performance

a) Service 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.

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

C. Preference and Incentive Programs

Preference and Incentive Programs are each identified below. When the Proposer satisfies the requirements and requests bid preferences and incentives, the Proposer must clearly identify in their bid submission for which of the programs it qualifies. Denial of those preference or incentive requests is not a basis for rejection of the bid.

1. Small Business Preference

California Government Code (GC) section 14835, et seq., requires a preference be given to Proposers who are California Certified Small Business (SB). The rules and regulations of this law, including the definition of a SB for the delivery of goods and services, are contained in California Code of Regulations, title 2, section 1896 et seq.

A preference is available to a certified SB. A Proposer claiming this preference must be certified by the Office of Small Business and Disabled Veteran Enterprise Services (OSDS) as a SB. Questions regarding certification should be directed to the OSDS at (916) 375-4940.

To be considered as a certified SB, the Proposer must have a complete application package on file with the OSDS by 5:00 p.m. on the Deadline for RFP Submission. Questions regarding the certification approval process should be directed to the OSDS. A copy of the regulations, instructions and format for claiming the Small Business Preference is available at: http://www.dgs.ca.gov/pd/Programs/OSDS/GetCertified.aspx.

To claim the Small Business Preference please see Attachment 3, Bidder Declaration (GSPD-05-105).

NOTE: Pursuant to GC 14837, only a SB who performs a Commercially Useful Function (CUF) relevant to the Scope of Work included in this RFP may qualify the Proposer for a SB preference. Please see Attachment 8 for CUF certification.

2. Non-Small Business Subcontractor Preference

A preference is available to a non-small business (NS) claiming 25% California-certified small business subcontractor participation. A Proposer claiming this preference must list one or more SB subcontractor(s), whom the Proposer commits to subcontract in an amount of at least twenty-five percent (25%) of the work performed under this contract.

To claim the Non-Small Business Subcontractor Preference please see Attachment 3, Bidder Declaration (GSPD-05-105).

NOTE: Pursuant to GC 14837, only a SB who performs a Commercially Useful Function (CUF) relevant to the Scope of Work included in this RFP may be used to qualify the Proposer for the Non-Small Business Subcontractor Preference. Please see Attachment 8 for CUF certification.

3. Disabled Veteran Business Enterprise (DVBE) Program Requirement

The State hereby waives the mandatory Disabled Veterans Business Enterprise participation requirement for this RFP.

4. Disabled Veterans Business Enterprise Incentive Program

The State has waived the Disabled Veteran Business Enterprise (DVBE) participation requirement. However, pursuant to Military and Veterans Code Section 999.5, subdivision (a), an incentive will be given to a Proposer who provides DVBE participation.

The DVBE Incentive shall apply as follows:

Confirmed DVBE Participation

Incentive

5% and above

5% incentive applied to points

4% to 4.99%


3% to 3.99%


2% to 2.99%


1% to 1.99%


A Proposer is eligible to receive this DVBE incentive if they are a certified DVBE or if a non-DVBE Proposer commits to use a certified DVBE(s) as subcontractor(s).

Certified DVBE Proposer additional incentive considerations:

1. Commit to performing more than 1% of the contract bid value with the prime bidder’s firm or in combination with another DVBE(s).

2. Document DVBE participation on Attachment 3, Bidder Declaration GSPD-05-105.

3. At the State’s option, a DVBE Proposer working in combination with other DVBE(s) will submit proof of its commitment by submitting a written confirmation from the DVBE(s) identified as a subcontractor on Attachment 3, Bidder Declaration GSPD-05-105. When requested, the written confirmation must be submitted to the address or facsimile number specified and within the timeframe identified in the notification. Failure to submit the written confirmation as specified may be grounds for denial of DVBE incentive.

Non-DVBE Proposer additional incentive considerations:

1. Commit to using certified DVBE(s) for more than 1% of the bid value.

2. Document DVBE participation on Attachment 3, Bidder Declaration GSPD-05-105.

3. At the State’s option prior to contract award, a Proposer is to submit proof of its commitment by submitting a written confirmation from each DVBE identified as a subcontractor on Attachment 3, Bidder Declaration GSPD-05-105. The RFP Acquisitions Analyst named in the Notice to Prospective Bidder may contact each listed DVBE, by mail, email, fax or telephone, for verification of the Proposer’s submitted DVBE information. When requested, the document(s) must be submitted to the address or facsimile number specified and within the timeframe identified in the notification. Failure to submit the written confirmation as specified may be grounds for denial of DVBE incentive.

NOTE: Pursuant to Military and Veterans Code section 995.5, only a DVBE who performs a Commercially Useful Function (CUF) relevant to the Scope of Work included in this RFP may qualify the Proposer or be used to qualify the Proposer for a DVBE participation and/or DVBE incentive. Please see Attachment 8 for CUF certification.

Locating DVBE Subcontractors State Resources:

1. State Resources: Access the list of all certified DVBEs by using the Department of General Services, Procurement Division (DGS-PD), online certified firm Cal eprocure database at: www.caleprocure.dgs.ca.gov.

2. To begin your search, click on “Small Business and Disabled Veteran Business Enterprise Services,” then click “SB/DVBE Search.” Search by “Keywords” or “United Nations Standard Products and Services Codes (UNSPSC) that apply to the elements of work you want to subcontract to a DVBE. Check for subcontractor ads that may be placed on the California State Contracts Register (CSCR) for this solicitation prior to the closing date. You may access the CSCR at: www.caleprocure.dgs.ca.gov. For questions regarding the online certified firm Cal eprocure database and the CSCR, please call the OSDS at (916) 375-4940 or send an email to: [email protected]

Locating DVBE Subcontractors Federal Resources:

Search the U.S. Small Business Administration’s (SBA) Central Contractor Registration (CCR) online database at www.ccr.ca.gov to identify potential DVBEs and click on the "Dynamic Small Business Search" button. Search options and information are provided on the CCR Dynamic Small Business Search site. First time users should click on the “help” button for detailed instructions.

Locating DVBE Subcontractors Local Resources:

For a list of local DVBE organizations: http://www.documents.dgs.ca.gov/pd/smallbus/RefOrg.pdf

5. Applying Preference and Incentives

a. Preferences and incentives are used for bid tabulation purposes to determine the high point proposal. Strict adherence to the laws and regulations to apply the preferences and incentives will be followed. If awarded the contract, the preference and/or incentive does not alter the amount of the resulting contract. Please be aware that contracts awarded with applied preferences or incentives will be monitored throughout the life of the contract for compliance to statutory, regulatory and contractual requirements.

b. The SB preference of 5% will be applied when a responsible Proposer that is not a CA certified SB or an NS claiming 25% CA certified SB subcontractor participation, submits the highest scored proposal. (Note: NS claiming SB subcontractor preference cannot remove an award from a certified SB.)

c. The DVBE incentive will be applied to each qualified Proposer’s verified DVBE participation percentage from the number 1 ranked highest scored proposal, regardless if Proposer is an SB/DVBE. If an SB is ranked number 1 after SB preference has been applied, the DVBE incentive is only calculated for Proposers certified as SBs.

D. Required Attachments

Refer to the following pages for additional Required Attachments that are a part of this RFP.

ATTACHMENT 1

REQUIRED ATTACHMENT CHECK LIST

A complete RFP proposal will consist of the items identified below. Complete this checklist to confirm the items in your proposal. Place a check mark or “X” next to each item that you are submitting to the State. All required attachments must be returned. This checklist must be returned with your proposal.

AttachmentRequiredAttachment Name/Description

_____Attachment 1YESRequired Attachment Check List

_____ Attachment 2YESProposal/Proposer Certification Sheet

_____Attachment 3 YESBidder Declaration (GSPD-05-105)

_____Attachment 4 YESPayee Data Record (STD 204)

_____Attachment 5 YESProposer References

_____Attachment 6 YESContracting Act Certification – Darfur

_____Attachment 7 YESContracting Act Certification – Iran

_____Attachment 8 YES*Commercially Useful Function Certification(s)

* Required for every MB,SB,DVBE

_____Attachment 9 YESProof of Insurance

_____Attachment 10 YESCopies of Licensure and Certifications

_____Attachment 11 YESNon-Collusion Affidavit

_____ Attachment 12 YES Proposal Requirements and Scoring

_____ Attachment 13 YESContractor Certification Clauses (CCCs)

_____Attachment 14 YESTechnical Proposal

_____Attachment 15 YESScenarios

The following attachment is included in the RFP as reference only and should not be included in the RFP proposal submission.

_N/A_ Attachment 16NOSample Standard Agreement (STD 213) and

Exhibits

ATTACHMENT 2

PROPOSAL/PROPOSER CERTIFICATION SHEET

This Proposal/Proposer Certification Sheet must be signed and returned along with all the "required attachments" as an entire package in duplicate with original signatures. The proposal must be transmitted in a sealed envelope in accordance with RFP instructions.

1. Our all-inclusive proposal is submitted as detailed in Attachment 13, Technical Proposal.

1. All required attachments are included with this certification sheet.

1. The signature affixed hereon and dated certifies compliance with all the requirements of this bid document. The signature below authorizes the verification of this certification.

An Unsigned Proposal/Proposer Certification Sheet May Be Cause For Rejection

1. Company Name

2. Telephone Number

2a. Fax Number

( )

( )

3. Address

Indicate your organization type:

4. |_| Sole Proprietorship

5. |_| Partnership

6. |_| Corporation

Indicate the applicable employee and/or corporation number:

7. Federal Employee ID No. (FEIN)

8. California Corporation No.

9. Indicate applicable license and/or certification information:

10. Bidder’s Name (Print)

11. Title

12. Signature

13. Date

14. Are you certified with the Department of General Services, Office of Small Business and Disabled Veteran Business Enterprise Services (OSDS) as:

a. California Small Business

Yes |_| No |_|

If yes, enter certification number:

b. Disabled Veteran Business Enterprise Yes |_| No |_|

If yes, enter your service code below:

NOTE: A copy of your Certification is required to be included if either of the above items is checked “Yes”.

Date application was submitted to OSDS, if an application is pending:

COMPLETION INSTRUCTIONS FOR PROPOSAL/PROPOSER CERTIFICATION SHEET

Complete the numbered items on the

Bid/Bidder Certification Sheet by following the instructions below.

Item Numbers

Instructions

1, 2, 2a, 3

Must be completed. These items are self-explanatory.

4

Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one person owns all the assets of the business in contrast to a partnership and corporation. The sole proprietor is solely liable for all the debts of the business.

5

Check if your firm is a partnership. A partnership is a voluntary agreement between two or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them. An association of two or more persons to carry on, as co-owners, a business for profit.

6

Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals.

7

Enter your federal employee tax identification number.

8

Enter your corporation number assigned by the California Secretary of State’s Office. This information is used for checking if a corporation is in good standing and qualified to conduct business in California.

9

Complete, if applicable, by indicating the type of license and/or certification that your firm possesses and that is required for the type of services being procured.

10, 11,

12, 13

Must be completed. These items are self-explanatory.

14

If certified as a California Small Business, place a check in the "Yes" box, and enter your certification number on the line. If certified as a Disabled Veterans Business Enterprise, place a check in the "Yes" box and enter your service code on the line. If you are not certified to one or both, place a check in the "No" box. If your certification is pending, enter the date your application was submitted to OSDS.

ATTACHMENT 3

BIDDER DECLARATION (GSPD-05-105)

A Proposer must complete the Bidder Declaration form GSPD-05-105, located at the following internet site: http://www.documents.dgs.ca.gov/pd/delegations/GSPD105.pdf

If you do not have Internet access, a hard copy can be provided by contacting the RFP Administrator listed on the Notice to Proposers.

When completing the declaration, Proposers must identify all sub-contractors proposed for participation in the contract. Proposers awarded a contract are contractually obligated to use the subcontractors for the corresponding work identified unless the State agrees to a substitution and it is incorporated by amendment to the contract.

The completed Bidder Declaration GSPD-05-105 must be included in the bid submission, noted as Attachment 3.

ATTACHMENT 4

PAYEE DATA RECORD

A Proposer must complete the Payee Data Record form STD 204, located at the following internet site: http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf.

If you do not have Internet access, a hard copy can be provided by contacting the RFP Administrator listed on the Notice to Proposers.

The completed Payee Data Record STD 204 must be included in the RFP proposal submission, noted as Attachment 4.

ATTACHMENT 5

PROPOSER REFERENCES

Submission of this attachment is mandatory. Failure to complete and return this attachment with your bid will cause your bid to be rejected and deemed nonresponsive.

List below three references for services performed within the last five years, which are similar to the scope of work to be performed in this contract.

REFERENCE 1

Name of Firm

Street Address

City

State

Zip Code

Contact Person

Telephone Number

Dates of Service

Value or Cost of Service

Brief Description of Service Provided

REFERENCE 2

Name of Firm

Street Address

City

State

Zip Code

Contact Person

Telephone Number

Dates of Service



REFERENCE 3

Name of Firm

Street Address

City

State

Zip Code

Contact Person

Telephone Number

Dates of Service



ATTACHMENT 6

DARFUR CONTRACTING ACT

Public Contract Code Sections 10475-10481 applies to any company that currently or within the previous three years has had business activities or other operations outside of the United States. For such a company to bid on or submit a proposal for a State of California contract, the company must certify that it is either a) not a scrutinized company; or b) a scrutinized company that has been granted permission by the Department of General Services to submit a proposal.

If your company has not, within the previous there years, had any business activities or other operations outside of the United States, you do not need to complete this form.

OPTION #1 - CERTIFICATION

If your company, within the previous three years, has had business activities or other operations outside of the United States, in order to be eligible to submit a bid or proposal, please insert your company name and Federal ID Number and complete the certification below.

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that a) the prospective proposer/bidder named below is not a scrutinized company per Public Contract Code 10476; and b) I am duly authorized to legally bind the prospective proposer/bidder named below. This certification is made under the laws of the State of California.

Company/Vendor Name (Printed)

Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

Date Executed

Executed in the County and State of

OPTION #2 – WRITTEN PERMISSION FROM DGS

Pursuant to Public Contract Code section 10477(b), the Director of the Department of General Services may permit a scrutinized company, on a case-by-case basis, to bid on or submit a proposal for a contract with a state agency for goods or services, if it is in the best interests of the State. If you are a scrutinized company that has obtained written permission from the DGS to submit a bid or proposal, complete the information below.

We are a scrutinized company as defined in Public Contract Code section 10476, and we have received written permission from the Department of General Services to submit a bid or proposal pursuant to Public Contract Code 10477(b). A copy of the written permission from DGS is included with our bid or proposal.

Company/Vendor Name (Printed)

Federal ID Number



Date Executed

Executed in the County and State of

ATTACHMENT 7

IRAN CONTRACTING ACT

Prior to bidding on, submitting a proposal or executing a contract or renewal for a State of California contract for goods or services of $1,000,000 or more, a vendor must either: a) certify it is not on the current list of persons engaged in investment activities in Iran created by the California Department of General Services (“DGS”) pursuant to Public Contract Code section 2203(b) and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for 45 days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS; or b) demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to Public Contract Code section 2203(c) or (d).

To comply with this requirement, please insert your vendor or financial institution name and Federal ID Number (if available) and complete one of the options below. Please note: California law establishes penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made; contract termination; and three-year ineligibility to bid on contracts. (Public Contract Code section 2205.)

OPTION #1 - CERTIFICATION

I, the official named below, certify I am duly authorized to execute this certification on behalf of the vendor/financial institution identified below, and the vendor/financial institution identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person/vendor, for 45 days or more, if that other person/vendor will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS.

Vendor Name/Financial Institution (Printed)

Federal ID Number (or n/a)



Date Executed

Executed in

OPTION #2 – EXEMPTION

Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services.

If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below, and attach documentation demonstrating the exemption approval.

Vendor Name/Financial Institution (Printed)

Federal ID Number (or n/a)



Date Executed

ATTACHMENT 8

COMMERCIALLY USEFUL FUNCTION CERTIFICATION

Name: _______________________________________________________________

(Print business name of SB or DVBE)

On January 1, 2004, Chapter 623, Statutes of 2003, became effective and required all Small Businesses, Micro-Businesses and Disabled Veteran Business Enterprises to perform a “commercially useful function” in any contract they perform for the State.

A business that is performing a commercially useful function is one that does ALL of the following:

1) Is responsible for execution of a distinct element of the work of the contract

2) Carries out its obligation by actually performing, managing, or supervising the work involved

3) Performs work that is normal for its business, services and function

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

5) 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.

If Proposer is an MB, SB or DVBE they must provide certification for themselves. If Proposer has a subcontractor that is an MB, SB or DVBE, a certification for each SB, MB, DVBE subcontractor is also needed. The MB, SB or DVBE Contractor must provide a written statement detailing the role, services and/or goods they will provide to meet all of the above five Commercially Useful Function (C.U.F.) requirements as related to the services and/or goods they will be providing in this contract to certify how they will be performing a commercially useful function.

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

ATTACHMENT 9

PROOF OF INSURANCE

A Proposer must submit proof of insurance as Attachment 9 for the following:

2. Commercial General Liability

2. Commercial Automobile Insurance

2. Worker’s Compensation

A certificate of insurance (COI) may be provided as proof of insurance. The COI and/or proof of insurance documents will be named Attachment 9 and be submitted with the proposal. Endorsements to insurance policies and the limits indicated in the Sample Standard Agreement are not required for proposal submission. Proof of insurance, including the required limits identified in the Sample Standard Agreement and endorsements are only required by the winning Proposer.

NOTE: Contact your insurance representative to ensure your insurance program satisfies the requirements of the Sample Standard Agreement, Attachment 16, Exhibit D, Section 11, prior to bidding.

ATTACHMENT 10

COPIES OF LICENSURES AND CERTIFICATIONS

A Proposer must hold valid and appropriate licensure and certifications. Proposer must include copies of the following licensures and certifications in Attachment 10:

1) Contractor’s State License Board Verification: A C-17 license is required. Submit one copy of the license with the proposal.

2) Department of Industrial Relations (DIR) Registration: Per Labor Code section 1725.5, no contractor or subcontractor may be listed on a bid proposal or be awarded a contract for a public works project unless registered with DIR. Proof of registration may be obtained at https://efiling.dir.ca.gov/PWCR/Search.action. Include one copy with the proposal.

3) Registration to Do Business in California: Secretary of State Certification of Status is required if your company is a Corporation, Limited Liability Company (LLC) or Limited Partnership (LP). Required documents may be obtained at http://kepler.sos.ca.gov. Include one copy with the proposal.

ATTACHMENT 11

NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY

BIDDER AND SUBMITTED WITH BID FOR PUBLIC WORKS

STATE OF CALIFORNIA )

SS

COUNTY OF ____________________ )

______________________________, being first duly sworn, deposes and

says that he or she is _________________________________________________ of

(position or title)

____________________________________________________________________________

(the bidder)

the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Dated: ___________________ By: ________________________

(person signing for bidder)

*This affidavit must be notarized.

ATTACHMENT 12

PROPOSAL REQUIREMENTS AND SCORING

All Proposers are required to review and respond to the following Evaluation Criteria including providing detailed information and responses to Sections A, B, C and D below. Proposals will be evaluated and ranked based on the consensus of a panel of subject matter and technical experts.

There will be no additional interviews conducted with proposers regarding proposals submitted or their contents. Total proposal scores will be obtained solely from evaluation of RFP proposal submitted.

Award shall be made to the Scenario 1 Proposer who receives the highest proposal evaluation score after application of preferences. If no proposals (or no responsive proposals) are received in response to Scenario 1, then award shall be made to the Scenario 2 Proposer who achieves the highest proposal evaluation score after application of preferences. For more details on Scenarios, please see Attachment 15.

EVALUATION CRITERIA

Possible Points

A. Mandatory General Requirements - PASS/FAIL

All proposals must satisfy the requirements below. Failure to provide any of the required information is grounds for rejection of submitted proposal.

Proposer must submit all required attachments listed on Attachment 1.

Proposer must hold valid and appropriate licensure and certifications. Attachment 10 requires Proposer to provide copies of all listed licenses and certifications.

The Proposer must identify the Project Manager assigned to manage the contract awarded pursuant to this RFP.

Proposer must have attended and completed the Mandatory Walk-Through required of this RFP.

Proposer must provide 3 references as required in Attachment 5, Proposer References.

The Proposer must provide a proposal for either Scenario 1 or Scenario 2. Attachment 15 requires a Proposer to select a Scenario.

PASS/FAIL

B. Mandatory Minimum Qualifications- PASS/FAIL

Please provide and incorporate the following mandatory minimum qualifications in your response to questions in Section D below.

1. Proposer has completed and tested high-performance fenestration projects.

2. Proposer has developed and completed at least five fenestration installation projects.

PASS/FAIL

C. Mandatory Technical Requirements-PASS/FAIL

Please provide and incorporate the following mandatory technical requirements in your response to questions in Section D below:

1. Achieve the maximum U-Factor of 0.47.

2. Achieve the maximum RSHGC of 0.31.

3. Achieve the minimum VT of 0.32 for operable windows and 0.42 for fixed windows.

4. Achieve a dynamic fenestration solution. A dynamic fenestration will include glass that automatically tints according to outdoor conditions and/or work environment preference in response to applied voltage, allowing control of daylight, glare, and heat load within a building

5. Install glazed windows and frames to bring the building back to the original daylighting intent to reduce lighting, heating and air conditioning energy loads while improving indoor environmental quality.

PASS/FAIL

D. Technical Proposal - Required Questions

Please provide responses to all questions as follows:

Please state why your firm believes it is qualified to provide the services requested in this RFP?

Please describe the interior or exterior strategies you would utilize for filtering daylight and controlling glare?

Please describe in detail previous experience in meeting daylighting needs within an office environment?

Please describe experience with energy and sustainable design criteria in projects of similar size and scope?

Please discuss any challenges anticipated in achieving the completion of this fenestration project?

Please describe your approach in completion of this fenestration project?

Each question is worth a maximum 75 points.

See below for more details on scoring for this section.

Subtotal possible points (not including preferences)

450

Small Business preference

DVBE incentive

Total Possible Points

Evaluation Scale for Section D – Technical Proposal

1

No written response provided or response does not address the question.

15

Response addresses the question but qualifications and details are minimal. There are shortcomings, and no confidence in answers provided.

45

Response indicates that qualifications are average and lack details in some areas of experience, methodology, or functionality. There are shortcomings in answers provided and confidence level is minimal.

60

Response indicates that experience, methodology or functionality are considered good and any shortcomings are minor. There is confidence in answers provided.

75

Response indicates that experience, methodology or functionality are considered superior and there are no shortcomings, with a high level of confidence in answers provided.

* For more information on the Small Business Preference or DVBE Incentive, please refer to Section C – Preference and Incentive Programs.

ATTACHMENT 13

CONTRACTOR CERTIFICATION CLAUSES (CCCs)

CERTIFICATION

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.

Contractor/Bidder Firm Name (Printed)

Federal ID Number



Date Executed

Executed in the County of

CONTRACTOR CERTIFICATION CLAUSES

1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 8103) (Not applicable to public entities.)

2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:

a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.

b. Establish a Drug-Free Awareness Program to inform employees about:

1) the dangers of drug abuse in the workplace;

2) the person's or organization's policy of maintaining a drug-free workplace;

3) any available counseling, rehabilitation and employee assistance programs; and,

4) penalties that may be imposed upon employees for drug abuse violations.

c. Every employee who works on the proposed Agreement will:

1) receive a copy of the company's drug-free workplace policy statement; and,

2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)

3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.)

4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.

Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.

Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services.

5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.

6. SWEATFREE CODE OF CONDUCT:

a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.

b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor’s compliance with the requirements under paragraph (a).

7. DOMESTIC PARTNERS: For contracts over $100,000 executed or amended after January 1, 2007, the contractor certifies that contractor is in compliance with Public Contract Code section 10295.3.

DOING BUSINESS WITH THE STATE OF CALIFORNIA

The following laws apply to persons or entities doing business with the State of California.

1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code §10410):

1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.

2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Pub. Contract Code §10411):

1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.

2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420)

Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))

2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)

3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)

4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.

5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:

a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled.

b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.

c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.

6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity.

ATTACHMENT 14

TECHNICAL PROPOSAL

Please include your technical proposal as Attachment 14. For details on what to include in the proposal, please see Attachment 12.

ATTACHMENT 15

SCENARIOS

To be responsive, Proposer must check the box next to the Scenario on which the proposal is based. Proposer must select only one Scenario. A proposal will be disqualified if:

1) neither box is checked; or 2) both boxes are checked.

Scenario 1 ☐

This proposal is based on installing a total of 1949 square feet as follows:

· First Floor library – five individual windows for a total of 125 square feet.

· Second Floor – four sections with six windows within each section for a total of 960 square feet.

· Third Floor – six office areas, each office has three sections with two windows per section, for a total of 864 square feet.

Scenario 2 ☐

This proposal is based on installing a total of only 864 square feet as follows:

· Third Floor – six office areas, each office has three sections with two windows per

section.

Important Note to Proposers:

Award shall be made to the Scenario 1 Proposer who receives the highest proposal evaluation score after application of preferences. If no proposals (or no responsive proposals) are received in response to Scenario 1, then award shall be made to the Scenario 2 Proposer who achieves the highest proposal evaluation score after application of preferences.

Scenario 2 proposals will only be evaluated and an award made if no proposals (or no responsive proposals) are received in response to Scenario 1.

ATTACHMENT 16

SAMPLE STANDARD AGREEMENT (STD 213) AND EXHIBITS

SAMPLE STANDARD AGREEMENT

STD 213 (Rev 06/03)

AGREEMENT NUMBER

REGISTRATION NUMBER

1.This Agreement is entered into between the State Agency and the Contractor named below:

STATE AGENCY'S NAME

CONTRACTOR'S NAME

2.

The term of this

NTP

through

120 Days

Agreement is:

3.The maximum amount

$ 0

of this Agreement is:

4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement.

Exhibit A – Scope of Work

page(s)

Exhibit B – Budget Detail and Payment Provisions

page(s)

Exhibit C* – General Terms and Conditions

GTC 610

Exhibit D -- Special Terms and Conditions

Exhibit E – Additional Terms and Conditions

page(s)

page(s)

Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.

These documents can be viewed at www.ols.dgs.ca.gov/Standard+Language

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

CONTRACTOR

California Department of General Services Use Only

CONTRACTOR’S NAME (if other than an individual, state whether a corporation, partnership, etc.)

BY (Authorized Signature)

DATE SIGNED(Do not type)

PRINTED NAME AND TITLE OF PERSON SIGNING

ADDRESS

STATE OF CALIFORNIA

AGENCY NAME

BY (Authorized Signature)

DATE SIGNED(Do not type)

PRINTED NAME AND TITLE OF PERSON SIGNING

|_| Exempt per:

ADDRESS


RFP Number: 16-01

Page 38 of 40

Administration Division, Office of Business and Acquisition Services | State of California | Government Operations Agency

Contracts Management Section | 707 Third Street, Suite 2-300, MS 508 |West Sacramento, CA 95605 | t 916.376.4379

EXHIBIT A

SCOPE OF WORK

A. DESCRIPTION OF SERVICES

This project replaces fenestration located in areas specified in Contract, with a dynamic glass product within the Warren-Alquist Building, located at 1516 9th Street, Sacramento, California. This project includes the replacement of existing fenestration and windows with a dynamic glass product, window film, framing, spacers, and glazing that will meet the National Fenestration Rating Council’s whole-product energy performance rating.

B. TERM

The contract term is 120 days to begin upon receipt of Notice to Proceed.

C. PROJECT REPRESENTATIVES

1. The Contract Representatives during the term of this agreement will be:

RESD Contract Administrator

Contractor Contract Administrator

To Be Determined

To Be Determined

2. Any change of the Contractor’s Contract Representative must be immediately reported in writing to the RESD Contract Administrator.

B. PROVISIONS

1. A C-17 license is required for completion of this project.

2. A start up meeting will be scheduled by DGS following Contractor receipt of Notice to Proceed.

3. Contractor to provide a construction schedule for the project.

4. Contractor will complete the fenestration project of approximately *1949 square feet as follows:

a) First floor library – five individual windows for a total of 125 square feet.

b) Second floor – four sections with six windows within each section, for a total of 960 square feet.

c) Third floor – six office areas, each office has three sections with two windows per section, for a total of *864 square feet.

5. Contractor will ensure air tightness of each window unit installed, and provide plan in how the U-Factor and RSHGC are determined, as well as the visible transmittance (VT) of the project.

6. Contractor will meet fenestration standards as follows:

1. Achieve fenestration replacement of approximately *1949 square feet.

1. Achieve a maximum U-Factor of 0.47.

1. Achieve a maximum RSHGC of 0.31.

1. Achieve a minimum VT of 0.32 for operable windows and 0.42 for fixed windows.

1. Achieve a dynamic glass fenestration solution. A dynamic glass fenestration will include glass that automatically tints according to outdoor conditions and/or work environment preference in response to applied voltage, allowing control of daylight, glare, and heat load within a building.

7. Contractor will remove, protect and store the current windows, in-tact, in the DGS-controlled basement area within the CEC building.

8. Contractor will provide required warranty coverage and information upon Project Acceptance.

9. Contractor will provide additional reports to DGS upon request.

*Scope of Work will be updated based on which Scenario is awarded. See Attachment 15, Scenarios, for more details.

G. ACCESS AND SECURITY

1. DGS will manage, monitor and secure work areas in the CEC building required to complete fenestration work.

2. There are no noise restrictions associated with this project.

3. Parking is available after hours for completion of this project.

H. HOURS OF WORK

All work associated with this fenestration project will be completed between the hours of 6:00 p.m. and 6:00 a.m., Monday through Friday.

Weekend hours are also available and may be arranged in advance with DGS project manager.

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

This is a zero cost RFP with no cost to be charged to the State for completion of this fenestration project.

EXHIBIT C

GENERAL TERMS AND CONDITIONS (GTC)

GTC 610

Please NotE: This page will not be included with the final Agreement. The General Terms and Conditions, GTC 610, will be included in the Agreement by reference to Internet site: http://www.ols.dgs.ca.gov/Standard+Language.

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

1.STANDARD CONDITIONS OF SERVICE

A. Contractor will abide by all State and Federal laws in performance of this contract. Contractor shall observe and comply with all federal, state, city, and county laws, rules or regulations affecting the services. Any work done that does not comply with any laws, rules, or regulations will be remedied at the Contractor’s expense.

B. The Contractor will maintain all license(s) required by law for accomplishing any work required with this agreement. In the event any license(s) expire at any time during the term of this agreement, Contractor agrees to provide to the State a copy of the renewed license(s) within thirty (30) days following the expiration date. In the event the Contractor fails to keep in effect at all times all required license(s), the State may, in addition to any other remedies it may have, terminate this agreement upon occurrence of such event.

C. The Contractor certifies that it has appropriate systems and controls in place to ensure that State funds will not be used in the performance of this Contract for the acquisition, operation or maintenance of computer software in violation of copyright laws.

D. It is unlawful for a State Contractor to assist, promote, or deter union organizing by employees who are performing work on a service contract for the State or a State agency. This action is subject to fines in accordance with Government Code section 16645 et seq.

E.Performance will start not later than five (5) business days, or on the express date set by the State 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 State upon five (5) days written notice to the Contractor, reserves the right to terminate the agreement. In addition, the Contractor will be liable to the State for the difference between Contractor's bid price and the actual cost of performing work by another contractor.

F.If signing this contract as a sole proprietor, Contractor certifies that it is not an alien that is ineligible for state and local benefits, as defined in Subtitle B of the Personal Responsibility and Work Opportunity Act (8 U.S.C. § 1601 et seq.).

G.Pursuant to Public Contract Code section 10295.4, persons or companies identified as the largest tax delinquents by the Franchise Tax Board (FTB) or the Board of Equalization (BOE) are ineligible to enter into any contract with the state for non-IT goods or services. Any contract entered into in violation of section 10295.4 is void and unenforceable.

2. EMPLOYMENT OF UNDOCUMENTED ALIENS

No State agency or department as defined in PCC § 10335.7, that is subject to this code, shall award a public works contract to a bidder or contractor, nor shall a bidder or contractor be eligible to bid for or receive a public works contract, who has, in the preceding five (5) years, been convicted of violating a State or Federal law regarding the employment of undocumented aliens PCC § 6101.

3. ANTITRUST CLAIMS

The contractor offers and agrees and will require all of his other subcontractors and suppliers to agree to assign to the awarding body all rights, title, and interest in and to all causes of action they may have under Section 4 of the Clayton Act (15 USC § 15) or under the Cartwright Act (Chapter 2 [commencing with section 16700] of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment made by the contractor and all additional assignments made by the subcontractors and suppliers shall be deemed to have been made and will become effective at the time the awarding body tenders final payment to the contractor without further acknowledgement or the necessity of tendering to the awarding body any written assignments. If an awarding body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under GC § § 4550-4554, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, on demand, recover from the public body any portion of the recovery, including treble damages, and attributable overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. On demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under GC § § 4550-4554 if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action.

4. LABOR CODE CERTIFICATIONS

A. I am aware of the provisions of LC § 3700 which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.

B.It is hereby mutually agreed that the contractor shall forfeit to the State (enter amount from LC § 1775) dollars for each calendar day, or portion thereof, for each worker paid by him or her, or subcontractor under him or her, less than the prevailing wage so stipulated and in addition the contractor further agrees to pay to each worker the difference between the actual amount paid for each calendar day, or portion thereof, and the stipulated prevailing wage rate for the same. This provision shall not apply to properly, registered apprentices.

C.It is further agreed that the maximum hours a worker is to be employed is limited to eight hours a day and 40 hours a week and the contractor shall forfeit, as a penalty to the State, twenty-five dollars ($25) for each worker employed in the execution of the contract for each calendar day during which a worker is required or permitted to labor more than eight hours in any calendar day or more than 40 hours in any calendar week, in violation of LC § § 1810-1815, inclusive.

D.Properly registered apprentices may be employed in the prosecution of the work. Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he or she is employed, and shall be employed only at the work of the craft or trade to which he or she is registered. The contractor and each subcontractor must comply with the requirements of LC § 1777.5 and any related regulations regarding the employment of registered apprentices.

E.Each contractor and subcontractor shall comply with the LC § 1776 regarding record keeping.

5.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, equipment or parts supplied pursuant to this Agreement. California may pay any applicable sales or use tax imposed by another State.

6. SETTLEMENT OF DISPUTES

A. In the event of a dispute, Contractor shall file a “Notice of Dispute” with Department of General Services, Deputy Director, RESD, within ten (10) calendar days of discovery of the problem.

B. The RESD Deputy Director or designee shall meet with the Contractor for purposes of resolving the dispute. The decision of the RESD Deputy Director or the designee shall be final. In the event of a dispute, the language contained within this agreement and its attendant Exhibits shall prevail over any other language.

C. Neither the pendency of a dispute nor its consideration by the RESD Deputy Director will excuse the Contractor from full and timely performance in accordance with the terms of the Agreement.

7. AGENCY LIABILITY

The Contractor warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the State shall, in addition to other remedies provided by law, have the right to annul this Agreement without liability, paying only for the value of the work actually performed, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

8. PREVAILING WAGE REQUIREMENT

In accordance with the provisions of Labor Code Sections 1770-1776, the Contractor and their subcontractor(s) shall adhere to the payment of prevailing wages as determined by the California Department of Industrial Relations (DIR). The prevailing wage determinations can be downloaded from DIR’s website at www.dir.ca.gov. Copies of the DIR’s downloadable prevailing wage rate determinations are also on file at DGS and are available to any interested party on request. Additional questions regarding prevailing wage determinations shall be referred to the DIR’s Division of Labor Statistics and Research, Prevailing Wage Unit, at: http://www.dir.ca.gov.

9. POTENTIAL SUBCONTRACTORS

Nothing contained in this Agreement or otherwise shall create any contractual relationship between the State and any subcontractors, and no subcontractors shall relieve the Contractor of its responsibilities and obligations hereunder. The Contractor agrees to be as fully 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 enforce the payment of any monies to any subcontractor.

10. RIGHT TO TERMINATE

A. The State reserves the right to cancel all or a portion of the service for any reason, subject to thirty (30) days written notice to the Contractor.

B. This agreement can be immediately terminated for cause. The term “for cause” means that the Contractor fails to meet the terms, conditions, and/or responsibilities of the contract. In this instance, the contract termination will be effective as of the date indicated on the State’s notification to the Contractor.

11. INSURANCE REQUIREMENTS

Contractor shall comply with all requirements outlined in the (1) General Provisions section and (2) Contract Insurance Requirements outlined in this section. No payments will be made under this contract until Contractor fully complies with all requirements.

A. General Provisions Applying to All Policies

1. Coverage Term – Coverage needs to be in force for the complete term of the contract. If insurance expires during the term of the contract, 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 comply with the original contract terms.

2. Policy Cancellation or Termination & Notice of Non-Renewal – Contractor is responsible to notify the State within 5 business days of any cancellation, non-renewal or material change that affects required insurance coverage. New certificates of insurance are subject to the approval of the Department of General Services and the Contractor agrees no work or services will be performed prior to obtaining such approval. 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 Contract upon the occurrence of such event, subject to the provisions of this Contract.

3. Premiums, Assessments and Deductibles – Contractor is responsible for any premiums, policy assessments, deductibles or self-insured retentions contained within their insurance program.

4. Primary Clause – Any required insurance contained in this contract shall be primary, and not excess or contributory, to any other insurance carried by the State.

5. Insurance Carrier Required Rating – All insurance companies must carry an AM Best rating of at least “A–” with a financial category rating of no lower than VII. 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.

6. Endorsements – Any required endorsements requested by the State must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance.

7. Inadequate Insurance – Inadequate or lack of insurance does not negate the contractor’s obligations under the contract.

8. Use of Subcontractors - In the case of Contractor’s utilization of subcontractors to complete the contracted scope of work, contractor shall include all subcontractors as insured’s under Contractor’s insurance or supply evidence of subcontractor’s insurance to the State equal to policies, coverages, and limits required of Contractor.

B. Contract Insurance Requirements

Contractor shall displ

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