24-0005_Addendum_2.pdf

CDFA Executive Office ● 1220 N Street, Suite 400 ● Sacramento, California 95814 State of California Telephone: 916.654.0433 ● Fax: 916.654.0403 ● www.cdfa.ca.gov Gavin Newsom, Governor

CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE

ADDENDUM 2

Invitation for Bid (IFB) #24-0005, MULTIPLE AWARD

STATEWIDE GROUND APPLICATIONS OF PESTICIDES FOR ERADICATION/

CONTROL PROJECTS AGAINST PLANT PEST AND DISEASES

05/03/2024

NOTICE TO PROSPECTIVE PROPOSERS:

The California Department of Food and Agriculture (CDFA) issues the following Addendum 2.

• Addendum 2 makes updates to the IFB, Pages 17-18, 26, and 32, to add the required Generative Artificial Intelligence (GenAI) Disclosure Notification Clause and the requirement of all Bidders to submit the STD 1000 Form with their bid(s), as required by EXECUTIVE ORDER N-12-23. Please see the revisions shown in red on the pages attached.

Questions regarding this addendum or this solicitation must be submitted to the Contracts Unit email address below with the IFB number in the Subject line.

Contracts Unit Office of Grants Administration Administrative Services Division CDFA.Contracts@cdfa.ca.gov mailto:CDFA.Contracts@cdfa.ca.gov

Revised 4/5/2023

April 30, 2024

INVITATION FOR BID (IFB)

IFB No.: 24-0005 Title: MULTIPLE AWARD, STATEWIDE GROUND APPLICATIONS OF PESTICIDES FOR

ERADICATION/CONTROL PROJECTS AGAINST PLANT PEST AND DISEASES

Type of Contract: Personal Services

NOTICE TO PROSPECTIVE PROPOSERS:

You are invited to review and respond to this Invitation for Bid (IFB). In submission of your proposal, you must comply with the instructions and requirements found herein.

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions.

Questions about this solicitation must be submitted to the Grants and Contracts Unit email address below with the IFB number in the Subject line. Responses to all questions received will be posted as an official addendum to this solicitation. Reference Page 1 for all Key Action Dates.

Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum.

Grants and Contracts Unit Office of Grants Administration Administrative Services Division CDFA.Contracts@cdfa.ca.gov https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=general%20terms

Table of Contents

1. Key Action Dates

2. Questions and Answers

3. Term of Contract

4. Extension of Term

5. Option to Renew

6. Multiple Award Contracts

7. Description of Services A. Objective B. Scope C. Treatment Actions D. Period of Contract and Treatment Items E. Coronavirus Pandemic F. Program Representative G. Reporting and Starting Dates H. Operational Hours I. Areas Not to be Sprayed J. Operating Performance Standards for Responsible Contractor K. Treatment Heights/Areas

8. Contractor Responsibility A. Spray Trucks and Spraying Systems B. Pesticides C. Calibration of Equipment D. Communication with Project Staff E. CDFA Furnished Equipment F. Certification G. Personnel H. Additional Spray Truck or Treatment Crews I. Stand-by Spray Truck J. Withdrawal or Substitution of Spray Trucks or Personnel K. Mixing/Loading Facilities and Equipment L. Pesticide Spills M. Hazardous Waste Disposal N. Medical and First-Aid Requirements

9. State Responsibility A. Maps and Briefing Information

B. Pesticides C. Environmental Monitoring D. Treatment Activities E. Addition, Substitution, or Deletion of Pesticides F. Daily Recordkeeping G. Basis for Payment H. Tank Samples I. Emergency Response Plan

10. Contractor Administration A. Rejection of Spray Equipment B. Rejection of Personnel C. Suspending of Operations D. Respraying Requirements E. Sequence of Spraying F. Program Progress – Additional Spray Equipment G. Liquidated Damages H. Delays Beyond the Control of the Contractor I. Cost of Lost, Jettisoned, Spilled, or Improperly Dispensed Pesticide

11. Cost Proposal

12. Submission of Bid

13. Generative Artificial Intelligence (GenAI) Disclosure Notification Clause

14. Evaluation and Selection

15. Award and Protest

16. Disposition of Bids

17. Agreement Execution and Performance

18. Termination

19. Preference and Incentive Programs

CALIFORNIA DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) - PROGRAM

REQUIREMENTS - FOR NON-IT SERVICES

REQUIRED DOCUMENTS

SAMPLE CONTRACT - STD 213

EXHIBIT A - SCOPE OF WORK

EXHIBIT B - BUDGET DETAIL AND PAYMENT PROVISIONS

EXHIBIT D - SPECIAL TERMS AND CONDITIONS

EXHIBIT E - ADDITIONAL PROVISIONS

CONTRACT AND SUBCONTRACT COMPLIANCE REQUIREMENTS

UNFAIR PRACTICES ACT

EXECUTIVE ORDER N-12-23 - GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI)

EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS

LICENSE AND PERMIT REQUIREMENTS

INSURANCE REQUIREMENTS

General Provisions Applying to All Policies Contractor Insurance Requirements

RIGHT TO BAR

STAFF EXPENSES

QUALIFICATIONS

MULTIPLE CONTRACTORS

SMALL BUSINESS PREFERENCE

SUBCONTRACTORS

POTENTIAL SUBCONTRACTORS

SUBSTITUTION OF SUBCONTRACTORS

PRIORITY HIRING CONSIDERATIONS

REPORTS

PUBLICITY AND ACKNOWLEDGEMENT

CHEMICAL APPLICATIONS

TARGET AREA CONTRACT PREFERENCE ACT

FORCED, CONVICT, AND INDENTURED LABOR

FORCE MAJEURE

AMERICAN DISABILITIES ACT

NATIONAL LABOR RELATIONS CERTIFICATION

AGREEMENT EXECUTION

1. Key Action Dates

All bidders are hereby advised of the following schedule and will be expected to adhere to the required dates and times.

- Release of IFB ............................................................................ April 30, 2024

- Written questions must be received by 12:00 PM PT ....................May 7, 2024

- Questions and Answers will be posted by 5:00 PM PT ..................May 9, 2024

- Emailed bids must be complete and received no later than 2:00 PM PT .................................................... May 15, 2024

Notice of Proposed Award Date to occur within five (5) business days after “Opening of Cost Proposal.” Bidders interested in observing the bid opening must email the Grants and Contracts Unit at CDFA.Contracts@cdfa.ca.gov. Bid openings will be held virtually.

Avoid late submittals due to computer glitches or other technical issues that may arise by submitting documents early.

2. Questions and Answers

To maintain fairness during the bidding process, all questions must be submitted in writing and sent to the Grants and Contracts Unit email (CDFA.Contracts@cdfa.ca.gov) only. The subject line of the email must contain the Bid Number. Bidders must not contact any program staff during the bidding process as this could result in disqualification.

Answers to questions received prior to the submission deadline listed above will be provided via a formal addendum and will be posted to the contract advertisement on Cal eProcure.

3. Term of Contract

The term of this contract is July 1, 2024, or upon final/Department of General Services/Office of Legal Services (DGS/OLS) approval, whichever is later, through June 30, 2027.

4. Extension of Term

This contract may be amended to extend the term, if it is determined to be in the best interest of the State. Upon signing the amendment, the Contractor hereby agrees to provide services for the extended period at the rates specified in the original Agreement.

5. Option to Renew

There is no option to renew under this IFB.

6. Multiple Award Contracts

CDFA is seeking qualified Contractors to provide ground application of pesticides for eradication/control projects against plant pests and diseases in multiple counties in California, including the following:

Imperial County (1 contract award) Monterey and San Luis Obispo Counties (1 contract award) Orange County (1 contract award) Riverside County (1 contract award) San Bernardino County (1 contract award) San Diego County (1 contract award) Sant Barbara and Ventura Counties (1 contract award)

CDFA reserves the right to award multiple contracts from the bids received for this consolidated IFB solicitation. Note: Back-up contracts will not be awarded.

Bidders are not expected or required to bid for services for every County. Instead, bidders should return a cost proposal for each region they are interested in servicing. Awards will be made to the responsive lowest cost bidder per location.

CDFA recognizes that it is possible for a single bidder to be the responsive lowest cost bidder for multiple locations and in that event, award(s) will be made accordingly for each location.

7. Description of Services

A. Objective The primary responsibilities of the Citrus Pest and Disease Prevention Division (CPDPD) and the Plant Health and Pest Prevention Services (PHPPS) Division are the early detection and prompt eradication of harmful plant pests from California. This is accomplished through the operation of a statewide detection trapping program, special detection surveys, and prompt eradication response. The primary objective of the emergency project component is to eradicate incipient infestations of serious plant pests quickly and efficiently, thereby preventing establishment and subsequent spread in California.

The California Department of Food and Agriculture (CDFA) has developed contingency plans to apply pesticides by ground to specific plant hosts in various areas of the state to control and eradicate invasive plant pests, including but not limited to Asian citrus psyllid (ACP), exotic fruit flies (EFF) and other plant pests. The plan calls for the standby availability of application spray trucks with multiple tanks (this ensures the ability to spray different pesticides on the same property), backpack spray application equipment, material, and personnel to provide foliar and soil applications of various pesticides within specified California counties.

B. Scope

The Contractor must be able to provide foliar and soil application of pesticides for various pests in XXXX County (This field will be populated upon award as this contract will be awarded from the consolidated solicitation) but may be extended to include other counties. The Contractor must have stand-by availability of pesticide application equipment, materials, and personnel to ensure immediate availability of these resources.

The Contractor shall:

1) Provide all pesticides designated by CDFA for foliar and soil applications.

2) Be responsible for mixing and loading the pesticides and all necessary application equipment.

3) Provide support services to include, but not limited to, writing application recommendations, calibration fill sheets, Notice of Intent (NOI) forms, and Pesticide Use Reports (PUR).

4) Provide all supplies (unless provided by CDFA) necessary to apply foliar and soil treatments using ground-based foliar application equipment and appropriate soil application equipment. The resultant pesticide application must ensure proper pesticide coverage to the host plant(s).

5) Provide specialized equipment, such as digital flow meter spray guns, mechanical person lifts, and tree spray guns that may be needed to treat extremely tall host plants (more than 60 feet).

6) Be prepared to conduct/divert traffic breaks and/or portable lighting to perform treatment activities during non-standard times when necessary.

All application equipment used for this contract shall be tested by CDFA prior to use and found free from contamination by other pesticides, herbicides, or other chemicals considered contaminants by the California Department of Pesticide Regulation (DPR).

DPR has set the detection limit of any contaminates at one part per million. Other contaminants include, for example, algae, mold, fungus, and bacteria. CDFA may disallow any equipment that does not meet these criteria to be used in the performance of this contract. All equipment tested and approved for use must be identified by documenting the license plate number or equipment number and dedicated solely to the specified program to prevent contamination with other pesticides or unwanted materials.

Additionally, all equipment approved for use must be secured (tamper-proof) in a manner prescribed by CDFA staff. The Contractor shall replace all equipment that is not free of contaminants. Following a failed test, all equipment shall be retested to ensure that it is free of any contaminants. All fees incurred due to retesting shall be the responsibility of the Contractor.

The Contractor shall provide properly trained personnel necessary for safe and efficient treatment activities. The Contractor shall assign a licensed Pest Control Advisor (PCA) to a project. The PCA shall be experienced in writing application recommendations, calibration fill sheets, and NOI forms. The PCA shall be certified by DPR with the appropriate licenses to apply pesticides and write the necessary recommendations for special site-specific applications as requested by CDFA.

The Contractor shall maintain replacement parts and tools to make basic repairs of equipment to avoid operational delays. Repeated operational delays will be considered a breach of contract and reported to CDFA’s Grants and Contracts Unit (GCU).

The Contractor shall provide adequate staff to safely conduct the treatment activities, never less than two (2) or more than three (3) crewmembers to operate each spray truck and/or crew assigned to the project. When the spray truck and/or crew is in use, the spray truck and /or crew and all equipment must be under the direct control of a contractor crewmember. Additional spray trucks and/or crews may be needed to accomplish the work in the time frame set by CDFA’s Program Representative (PR) or to direct street traffic (flag persons) around treatment activities. CDFA’s PR shall provide verbal notification to the Contractor of the number of spray trucks and/or crews required daily.

As additional spray trucks and/or crews become necessary, the Contractor shall supply them within five (5) calendar days of the request.

The Contractor shall provide a cost proposal that includes all expenses, to include at a minimum:

1) A price for pesticide application (application rate set by the product label and/or special local need (SLN) label), when applied from a spray truck, on a per-gallon basis.

2) A price for pesticide application (application rate set by the product label and/or SLN label), when applied from a hand or backpack sprayer, on a per-gallon basis.

3) A price for pesticide application (application rate set by the product label and/or SLN label), when applied in a pelletized or granular formulation on a per-gallon basis based on the dilution rate.

4) A price per unit of pesticide, of the chemicals that may be used on this project.

5) A price per written recommendation provided by the PCA, on an hourly rate basis.

C. Treatment Actions

The treatment area shall be determined by CDFA PR for each find site. As new sites are found, the area shall expand as necessary according to established CDFA protocols. The treatment schedule is dependent upon the pesticide CDFA uses. Issues to consider when developing the treatment schedule are the pesticides used (the pesticide label will determine when to retreat, if necessary), level of pest presence, size of the treatment area, and CDFA’s prioritization of activities within the area.

D. Period of Contract and Treatment Items Contractor shall perform the treatment actions described herein on a stand-by basis. The treatment locations may be at any location within Imperial County but may be extended to include other counties as determined by CDFA. The treatment areas may be in urban, rural residential, or agricultural settings. Treatments may occur in multiple locations within the county daily. Spray trucks and/or crews are not to move from the county without approval from the CDFA PR. The contract is to commence upon approval by the Department of General Services, Office of Legal Services. There will be no guaranteed minimum treatment hours or gallons of pesticide applied under the terms of this contract.

E. Coronavirus Pandemic

Due to the Coronavirus Pandemic (pandemic) contractors should ensure that they bid in a manner that will allow them to adequately meet the Centers for Disease Control and Prevention, the California Department of Public Health and/or local Department of Health guidelines for safely conducting work during the pandemic. This would include providing personal protective equipment (PPE) as required, such as gloves, masks or face coverings or any other PPE; providing wash stations or hand sanitizer for staff; ensuring adequate social distancing in transit and at job sites. If a scope of work requires three or more staff for a specific activity, the Contractor should budget for additional vehicles to ensure no more than two staff are in one vehicle at a time.

F. Program Representative CDFA shall designate a member of its staff as the Contracting Officer’s PR, who will have the authority to secure the orderly management of this contract. The PR shall not have the authority to change the basic terms of the contract.

G. Reporting and Starting Dates The PR shall give the Contractor a minimum of ten (10) calendar days advance notice to report and start on the official start date unless a shorter interval is mutually agreed upon.

Following the initial notice of the start date, if additional trucks and/or crews are needed, the Contractor shall provide the additional trucks and/or crews within five (5) calendar days of notice from CDFA.

The actual reporting date shall be specified by the PR. The number of days prior to the official start date may vary depending on the number of trucks and/or crews involved; time required to brief crews on the program and areas to be sprayed; and completing all preliminary arrangements to start the program on time. A Contractor who does not report on the official reporting day may, at the discretion of the PR, be charged liquidated damages as outlined under Contractor Administration, G. Liquidated Damages, in this Scope of Work. At the discretion of the PR, the Contractor may be terminated for default and be charged liquidated damages. Liquidated damages shall be charged for that day and for each day thereafter until the Contractor, or in the event of termination, a new contractor reports for duty.

A Contractor who does not fully qualify for acceptance on the official start date may, at the discretion of the PR, be charged liquidated damages. At the discretion of the PR, the Contractor may be terminated for default and be charged liquidated damages. Liquidated damages shall be charged for that day and for each day thereafter until all requirements are met. The amount charged shall be the daily liquidated damage rate for each truck and/or crew specified to report, even though one or more trucks may have been qualified and accepted. The Contractor shall have assembled at the reporting location all required trucks, crews, personnel, and facilitating equipment, and be ready to begin spraying on the official starting date at the time specified by the PR. This includes the specified category and number of trucks and/or crews, each meeting the contract requirements; all personnel, each fully qualified; and all treatment product applications and facilitating equipment. No payment for spraying shall be permitted until all these requirements are met, and services rendered, by the Contractor.

H. Operational Hours

The applications shall be made at a time that will optimize the effectiveness of the application. Applications may occur at dawn or during night hours. The sequence of areas to be treated and all pesticide applications shall begin and end at the discretion of the PR.

The Contractor, or the Contractor’s Representative (CR) shall be at the meeting location at the time designated by the PR.

I. Areas Not to be Sprayed

No spraying shall occur over specified sensitive areas or designated buffer areas.

Sensitive areas include, but are not limited to, bodies of water, endangered species habitats, specific plants, and/or specific locations within a property. Such areas shall be designated by the PR in advance of the treatment. The PR shall attempt to notify the CR a minimum of 24 hours in advance of the treatment; however, in some situations, notification may occur on the day of the treatment. The notification shall be in writing via e-mail or verbal via telephone and in person while in the field. Each applicator shall be briefed thoroughly regarding such areas, and every effort must be made to avoid spraying such areas. All fines and required clean-up are the Contractor’s responsibility.

J. Operating Performance Standards for Responsible Contractor

The Contractor is responsible for:

1) Obtaining required licenses, bonds, and insurance prior to contract execution.

2) Obtaining all necessary permits and certifications to legally apply pesticides in the designated areas prior to the starting date.

3) Making personnel available for CDFA-provided training, and must become proficient in pesticide application according to CDFA’s training provided by the PR.

The PR shall provide training at least one week prior to any treatments occurring.

4) Abiding by all pesticide label requirements and pesticide safety laws.

5) Ensuring the professional conduct of the Contractor and Contractor’s personnel and adherence to CDFA’s instructions.

6) Ensuring Contractor’s personnel report to work on time each day and remain on the job site until officially released. The Contractor shall adhere to scheduled work hours and days of work.

7) Reporting on the scheduled date as directed and providing all required equipment and personnel.

8) Procuring all necessary equipment and supplies, except as specified by the PR, within one week of any necessary treatment. All equipment must meet contract requirements and be secured at the Contractor’s work yard and in accordance with CDFA requirements.

9) Avoiding repeated delays that affect the total overall length of time in performing the contract such as those caused by equipment malfunction and delays in loading/mixing pesticides between the mixing location and the treatment sites.

10) Performing the work utilizing and promoting safety and professional employee appearance while on the job. All employees must wear and display the proper identification.

11) Ensuring Contractor’s personnel are qualified to proficiently mix, load, and apply pesticides per the pesticide manufacturers labeling requirements.

12) Treating all host plants up to a height where drift is not a hazard per the pesticide manufacturers labeling requirements.

13) Securing a source of water for refilling tanks throughout the day.

14) Mixing, each day, only the amount of pesticide(s) needed for the scheduled operations. Mixed pesticide must be agitated frequently to prevent the pesticide concentrate from settling in the tank. This may require that the tanks be brushed multiple times (hourly) throughout the day. Emptying all spray tanks upon completion of the day’s work and properly disposing of any unused pesticides, if any.

15) Ensuring that the Contractor’s personnel are informed of the meeting location for each day.

16) Ensuring Contractor’s personnel do not treat areas that the PR determines hazardous or unsafe to treat.

17) Ensuring Contractor and Contractor’s personnel maintain a professional and courteous attitude with the homeowners and the general public.

18) Reporting to the PR any unusual situations or damage to property while performing the duties of this contract. Incidents of this nature must be reported via telephone or in person to the PR within two hours after the incident occurred. A written incident report must be submitted to the PR within 48 hours of the incident. The PR will determine which entity will pay for the damaged property.

19) Supplying to the PR a written report of all work completed, including amount of pesticide mixed and applied; number of properties treated, and the amount of pesticide applied to each property; number of personnel and hours worked; and notations of any unusual events. This report is to be submitted daily.

20) Completing and submitting PUR at the end of each calendar month for each project to the appropriate County Agricultural Commissioner’s Office. Provide a copy of the PUR to CDFA with the monthly billing.

21) Assisting the PR or DPR in tank sample collection and or equipment inspections.

At the end of the contract program, the PR will submit to GCU at CDFA a written evaluation of the Contractor based off the Operating Performance Standards. This report and other documentary evidence will be used in considering a Contractor’s responsibility and performance for future contracts.

22) Posting the required signage for pesticide re-entry period, according to DPR laws and regulations.

23) Ensuring that all activities are performed following CDFA’s management practices and any necessary mitigation measures required are consistent with CDFA’s checklist (attachment A). Complete the checklist prior to conducting spray activities and mark any mitigation measures as required for each specific activity.

A checklist for each project will be issued prior to the implementation of the project.

Upon completion of the project, the Contractor shall date and sign the checklist and submit it to CDFA with the final billing to signify that CDFA’s management practices and mitigation measures were implemented.

24) Mixing pesticide to apply at locations agreed upon in writing via e-mail or verbal by telephone in advance of the treatment by the PR and the Contractor. CDFA cannot give a specified timeline for pesticide applications because as the treatment progresses, CDFA may need to move locations daily.

K. Treatment Heights/Areas The height and areas to treat for each property shall be specified by the PR, as needed.

8. Contractor Responsibility

A. Spray Trucks and Spraying Systems The Contractor shall supply all spray trucks and supporting ground equipment (including pesticide mixing equipment), backpack sprayers, personnel, fuel, maintenance, and other materials necessary to apply pesticide sprays by ground, in an efficient and professional manner in accordance with all pertinent laws and regulations.

For each project, the Contractor shall make available for use five (5) spray trucks and or crews, two (2) stand-by spray trucks and/or crews, and additional spray trucks and/or crews as may be required by CDFA. The number of spray trucks/crews needed per project shall be determined by the PR. The PR shall give the Contractor a five (5) day notice via e-mail or telephone of the required number of additional spray trucks and/or crews needed, if any.

The spray trucks and backpack sprayers used on this project shall be used only on this project and may not be used for other pesticide applications outside of this project.

The Contractor shall provide the required number of spray trucks equipped as follows:

1) Spray truck(s) with multiple tanks.

2) A pesticide dispersal system that has been cleaned and made free of any pesticides or other contaminants. The PR shall designate a CDFA employee to obtain tank samples for chemical analysis of all equipment used prior to use on the project. The pesticide dispersal system must be free of all cleaning residue prior to testing. Following tank sample testing, if pesticide mix does not contain the correct amount of active ingredient, the Contractor must either brush the tank mixture hourly or replace the agitators so that thorough mixing of the pesticide is occurring at all times.

3) All equipment shall meet the criteria to be used on the project.

4) All equipment tested and approved for use on a project shall be dedicated solely to the project for the duration of the project to prevent contamination with other pesticides or unwanted materials. Following a failed test, all equipment shall be retested for contamination. All fees incurred as a result of retesting shall be at the cost of the Contractor.

5) Leak proof, non-ferrous pesticide tanks with a two hundred (200) gallon minimum capacity and a spray system made of corrosion-resistant materials. Tanks must allow for complete mixing and agitation of the pesticide(s) at all times.

6) The tanks on each truck shall be installed to ensure full flow to the pump.

7) Sight gauges/tubes are required on each tank to determine the volume of pesticides in each tank. The sight gauges must be calibrated to 0.5-gallon increments. Volume increments impregnated onto the tank are not acceptable.

8) Digital flow meters must be used for all pesticide applications.

9) A positive on/off system that will prevent dripping from the nozzles.

10) A positive emergency shut-off valve between the tanks and the pump, as close to the tank as possible.

11) New valves, hoses, nozzles, and other fittings prior to the initial chemical analysis.

Following clearance of the pesticide screen, this equipment must remain with the assigned spray truck until either replaced with new equipment or the end of the project.

12) Nozzle type, size, and configuration shall be as follows:

a. The type and size shall be specified by the PR in email or by telephone prior to (generally two weeks in advance of any treatment) and during the treatment, as needed.

b. Nozzle tips for all pesticide applications shall be made of stainless steel or other corrosive-resistant material.

c. Operating pressure shall be specified by the PR prior to the treatment and during the treatment as needed.

B. Pesticides

The Contractor shall purchase, procure, and safely store all pesticides designated for use on the specified project. Common pesticides used for the ACP project are: Tempo® SC Ultra (beta-cyfluthrin), a contact insecticide applied to the foliage of host plants for controlling ACP adults and nymphs; and Merit® 2F or CoreTect™ (imidacloprid), a systemic insecticide applied to the soil underneath host plants for controlling ACP immature life stages. The common pesticides used in response to EFF are GF-120 NF NATURALYTE fruit fly bait and Static Spinosad ME.

Changes to the pesticides used may occur. The PR shall give the Contractor a minimum of ten (10) calendar days advance notice in writing to purchase the required pesticides unless a shorter interval is mutually agreed upon.

The Contractor is responsible for the inherent quality of the pesticide.

C. Calibration of Equipment

To assure proper coverage and uniformity of application, calibration of the equipment shall be conducted prior to the start of the program. Plus or minus five percent (5%) of the desired flow rate will be acceptable. The determination of the PR shall be conclusive.

The PR shall retain the right to check all spray equipment for calibration at any time.

D. Communication with Project Staff

The Contractor shall provide each treatment crew with a cellular telephone or other means of communication with the PR.

E. CDFA Furnished Equipment

CDFA-furnished equipment shall be returned immediately, the same day upon agreement expiration or completion of the contract, whichever comes first. If equipment is not returned, CDFA will withhold final payment in the amount of the cost of the equipment.

Excessive wear and/or damage to equipment, and lost equipment, must be replaced by the Contractor. Excessive wear will be determined by historical experience of the use of the same equipment.

F. Certification

The Contractor shall obtain all certifications, approvals, permits, and/or licenses required by applicable State and local laws and regulations.

1) Immediately upon Notice of Award of a contract, the Contractor shall contact the appropriate offices to identify all State requirements for the necessary certifications. Insurance and other requirements, including pesticide application certifications that apply, shall be in effect prior to starting operations.

2) The Contractor shall register in each county where engaged in business and shall be responsible for knowing and following all permit conditions.

3) The Contractor shall ensure that all safety rules and procedures are followed.

4) The Contractor shall implement and comply with all existing and new laws and regulations.

G. Personnel The Contractor shall provide the following:

1) The Contractor or the CR shall be present at each treatment location. The CR shall have full authority to make decisions for the Contractor and direct the Contractor’s operations. The CR shall be present at the treatment location for the duration of the treatment and available for consultation at all times as requested by the PR, including non-standard work hours.

2) Each spray truck/ crew shall be staffed with the adequate number of staff to safely conduct the treatment activities, never less than two (2) or more than three (3) crewmembers, all trained on pesticide application. Spray truck staff will have the following roles: application, hose pulling and spray truck tending. Spray crew staff will have the following roles: application and host identification.

3) Trained personnel and the appropriate equipment to load and service each spray truck.

H. Additional Spray Truck or Treatment Crews If additional spray trucks or treatment crews are required for the project, the number of spray trucks/crews required shall be determined by the PR. The PR shall provide the Contractor five (5) calendar days' notice via email or by telephone of the required number of spray trucks and/or crews needed. All additional spray trucks/crews shall meet all contract requirements.

Moving or transferring spray trucks and/or personnel assigned to one project, thereby leaving the project short on spray trucks and/or personnel, to another project in order to meet the need for additional spray trucks and/or personnel, is not permitted without permission from the PR.

Each project area must have the required number of spray trucks and/or crews at all times unless a different arrangement is agreed upon by the PR.

I. Stand-by Spray Truck

CDFA shall require the Contractor to make available one stand-by spray truck, with tanks that are free of any contamination (already tested by CDFA), which is not committed to any other work for the duration of the program and five (5) backpack sprayers free of contamination. This spray truck and backpack sprayers shall be available for use upon a twenty-four (24) hour notice to the Contractor or the CR. Once placed into service, the stand-by spray truck shall be replaced with another stand-by spray truck within twenty-four (24) hours. All replacement spray trucks shall meet all contract requirements.

J. Withdrawal or Substitution of Spray Trucks or Personnel

The Contractor shall notify the PR immediately in writing of any withdrawal or substitution of spray trucks or personnel. Substitute spray trucks must meet all contract requirements.

K. Mixing/Loading Facilities and Equipment

The Contractor shall provide at least two (2) employees and the equipment to mix and load all spray trucks and backpack sprayers efficiently. The cost proposal shall include all costs for such equipment and personnel. All mixing and loading operations and equipment shall conform to all laws and regulations pertaining to the category of pesticides used.

1) The Contractor shall mix pesticides at a location specified by the PR.

2) The Contractor shall provide the mixing/loading equipment including:

a. All hoses shall be new at the start of the project and shall be in good condition through the duration of the project. All hoses shall be resistant to all agricultural chemicals and free of algae and other contaminants.

b. The Contractor is required to obtain a local and dependable water source for mixing and loading that meets the operational needs of the program. This may require additional equipment such as a hydrant meter, loading station or water truck/trailer. All equipment is subject to CDFA testing and tracking requirements. The Contractor is responsible for the cost of the water.

c. Two employees while mixing to reduce the risk of accidents.

L. Pesticide Spills The Contractor shall provide tools and materials required by the manufacturers’ product labeling and as required by federal and state laws to clean-up pesticide spills at the project site.

The Contractor shall be responsible for the clean-up, transportation, and disposal of pesticide spilled during the project and caused by the Contractor. The clean-up, transportation, and disposal of spilled pesticide shall comply with all laws and regulations.

The Contractor shall be liable for all damages and costs incurred as a result of a pesticide spill.

M. Hazardous Waste Disposal

The Contractor is responsible for the disposal of all hazardous waste generated as a result of the routine operations under this contract pursuant to all federal, state, and local laws and regulations.

N. Medical and First-Aid Requirements

Medical supervision and pesticide safety training of Contractor’s personnel shall be provided by the Contractor as required by the category of the pesticide used. The Contractor shall provide at each site eye wash, water, first aid kit and medical facilities as necessary to supply first-aid service to employees who may be injured in connection with the work. The Contractor is responsible for preventing work injuries and shall inform the PR in writing within two (2) hours of a work injury occurrence.

9. State Responsibility

A. Maps and Briefing Information The PR shall provide the Contractor with maps and briefing information of the areas to be sprayed within twenty-four (24) hours of any application.

B. Pesticides CDFA assumes all responsibility and liability for the pesticides selected.

C. Environmental Monitoring The PR shall:

1) Arrange with the Contractor for the testing of all equipment for contaminants prior to the initial use of the equipment.

2) Submit all tank samples for chemical analysis.

3) Inform the Contractor of the tank samples results. Any contaminants detected shall require the Contractor to clean and/or replace the contaminated equipment at the discretion of the PR.

4) Provide environmental monitoring activities as prescribed by the laws and regulations of DPR.

5) Notify the Contractor in writing of any environmental concerns prior to each treatment at all locations in each city.

6) Notify the Contractor in writing of any negative environmental monitoring results when they become available. Mitigations will be implemented immediately.

7) Inform the Contractor in writing of any changes necessary to mitigate any negative impacts on the environment.

8) Inform the Contractor of the meeting location for each day and at least eight (8) hours prior to the reporting time. Notification may be made in writing, either via electronic mail (e-mail) or Short Message Service (text message), verbally by telephone, or in-person.

D. Treatment Activities The PR shall:

1) Provide training on CDFA’s management practices and mitigation measures at least one (1) week prior to implementation of a treatment project.

2) Provide training to Contractor’s personnel on treatment requirements before treatment activities commence, and as new employees begin work.

3) Determine the work schedule (work hours and days of work). The work schedule may include non-standard work hours or days (including weekends). The work schedule is subject to change on short notice due to inclement weather or special circumstances.

4) Observe all mixing and loading operations.

5) Provide field oversight in each treatment area. A CDFA representative shall be available prior to and during treatment activities to provide general oversight, as needed.

6) Provide on-the-job training for a two-day period upon initiation of the program.

7) Hand deliver notification to property owners of upcoming treatment activities before each scheduled treatment. PR will also provide pesticide fact sheets with the pre-treatment notice.

8) Hand deliver post-treatment notices to property owners following each treatment to inform them of any precautions they must follow.

9) Notify all property owners via personal contact or if not home, with a written notice, upon arrival for treatment activities.

10) Assess each property to identify hazards, areas to avoid, and items that must be covered with a protective tarp prior to each treatment. The Contractor may not begin treatments on any property without approval from the PR.

11) Assure all necessary objects are tarped either by the contractor or CDFA staff prior to pesticide application.

12) Assure that the property is returned to its pretreatment condition upon completion of the treatment. The PR is responsible for posting the required pesticide post-treatment signage.

13) Investigate all homeowner complaints, concerns, and/or property damage. The results of the investigation will be discussed with the Contractor to prevent future incidents of the same nature.

14) Review the quality and quantity of the Contractor’s work performed. This quality control report will state accomplishments and any problems encountered, resolution of problems, and problems to be resolved. Any problems will be discussed between the PR and the Contractor at the end of each day.

15) Direct all public information and media questions and/or events to CDFA’s Public Affairs Office.

16) Pre-approve any deviation from normal operations. These include plans that require interruption in street traffic or the movement and use of special equipment (such as person lifts).

17) Perform written evaluation on the Contractor based on the Operating Performance Standards at the end of the contract program. This report and other documentary evidence will be used in considering a Contractor’s responsibility and performance for future contracts.

E. Addition, Substitution, or Deletion of Pesticides

CDFA reserves the right to add to, delete from, or substitute pesticides as the PR deems advisable for the success of the program. In such event, the Contractor may, within ten

(10) working days of written notification of such a change, request the program office to establish an equitable price adjustment for such change and for unused pesticides that cannot be returned to the vendor.

The PR shall thereafter make such an equitable price adjustment or deny said request.

The decision of the PR shall be conclusive unless the Contractor presents sufficient evidence to the contrary.

If price adjustments are approved, the adjustment shall be retroactive to the time of application rate change.

F. Daily Recordkeeping

The PR shall provide and maintain an accurate daily treatment log. The log shall include the amount of pesticide used, mixed, number of properties treated, the amount of pesticide applied to each property, number of personnel and hours worked, and narrative summary to document any unusual events or circumstances.

At the end of each workday, it is mandatory that the Contractor or CR meet with the PR to review the treatment log for that day.

The Contractor or CR and PR, after reviewing the treatment log and agreeing to the same, shall sign the treatment log.

Discrepancies in the number of gallons applied due to faulty equipment will be resolved by using the sight gauge on the tank.

G. Basis for Payment

The Contractor shall submit signed, monthly invoices to CDFA. If the invoice carries a signature block, the block must be signed. Invoices with blank signature blocks cannot be processed.

Submit signed, monthly invoices by postal mail or e-mail to:

CDFA, Citrus Division 1220 N Street Sacramento, CA 95814 or

@cdfa.ca.gov

Payment shall be on the basis of the contract rate for gallons acceptably sprayed under the direction of the PR and the amount of pesticide purchased and used. Payment shall be in accordance with gallons acceptably sprayed as shown on CDFA’s daily treatment logs and/or signed work order.

mailto:preetika.pratap@cdfa.ca.gov

Payment under the contract shall be made monthly, in arrears, upon receipt of approved itemized invoices with copies of all daily treatment logs and PURs.

H. Tank Samples The need and frequency of pesticide tank samples shall be determined by the PR.

Tank samples may be taken at any time to ensure the pesticide mix has the correct amount of active ingredient and is free of other contaminants.

Pesticide mix that does not contain the correct amount of active ingredient may be grounds for disapproval of invoice payment for that day(s).

The PR shall provide all personnel and equipment necessary to perform sampling of pesticide spray tanks.

I. Emergency Response Plan

CDFA, with the assistance of the Contractor, shall develop an emergency response plan prior to any treatment.

10. Contractor Administration

A. Rejection of Spray Equipment CDFA may reject, at any time, spray equipment deemed unsafe or equipment that does not comply with all contract specifications. The Contractor shall repair or replace defective or inoperable equipment the same day and conform to all inspection requirements.

Qualifying tests of the spray equipment may be conducted by CDFA to assure that contract requirements are met.

The PR must approve in writing the inclusion of any equipment that was previously rejected from use on the program.

B. Rejection of Personnel

CDFA may reject, at any time, the CR or any applicator found unqualified or incompetent who operates equipment in an unapproved manner or otherwise fails to perform satisfactorily. Should any personnel perform their assignment in a manner that is considered unsafe or incomplete to CDFA, CDFA shall have the right to require their replacement within the time specified by the PR, which may be within twelve (12) hours.

Such a determination by the PR shall be final.

The PR shall have the right to remove any equipment operator or applicator when, in their opinion, the conduct or condition in question violates contract provisions and shall have such right when equipment or operation is believed by the PR to be unsafe or otherwise unsatisfactory (i.e., work does not meet pesticide application standards).

The Contractor shall not restore any equipment or personnel to an active status until they have demonstrated to the PR that the equipment or personnel in question can perform and meet contract requirements or pesticide application standards.

The removal of equipment or personnel shall not relieve the Contractor from performing the services under the contract. The removal of equipment or personnel shall not be a basis for imposing any contractual or other liability upon CDFA. Failure to remove equipment or personnel for any reason does not make CDFA negligent or liable.

C. Suspending of Operations

The PR shall have authority to suspend spraying operations on all or any part of the project areas at any time when, in the opinion of the PR, conditions are not favorable for carrying on such spraying operations.

D. Respraying Requirements

The PR may require the respraying of any area which has not been adequately sprayed. Where such spraying is due to unsatisfactory performance by the Contractor, CDFA shall supply, and may charge the Contractor for, the spray material necessary to respray the specified area and will not pay for the reapplication. The decision of the PR shall be conclusive unless the Contractor presents sufficient evidence to the contrary.

E. Sequence of Spraying

The PR shall determine the time and sequence of spraying individual areas based on the pesticide manufacturers labeling requirements and CDFA management practices, and the time to start and stop spraying each day. In addition, if the PR is not in the treatment area and is unaware of deteriorating weather conditions, the Contractor or CR is responsible for voluntarily stopping work to avoid possible liquidated damages.

F. Program Progress – Additional Spray Equipment

If the PR determines that the Contractor has not completed spraying forty percent (40%) of the pesticide to be applied within forty percent (40%) of the operational hours allowed, the Contractor will be required to furnish additional spray trucks/crews within two (2) calendar days when notified by the PR. Spray trucks shall be of the same category as those specified in the statement of work description; shall meet all contract requirements, including qualified applicators to operate the equipment; and shall be fully operational within one (1) calendar day after reporting to the treatment location. No adjustment will be made in the contract price for furnishing such additional spray truck(s).

G. Liquidated Damages All charges assessed in the following subparagraphs shall be paid to the CDFA as fixed, agreed and liquidated damages, not as a penalty.

1) Should the Contractor delay the program for any reason, a charge or deduction from payment of $1,000 per day for each spray truck shall be assessed to the Contractor.

2) The rate above will be charged for:

a. Each spray truck/crew that fails to report on the official reporting date.

b. Each spray truck/crew that fails to spray on the designated treatment date, provided it is an operational day and for each operational day thereafter, until it begins spraying operations. However, when a spray truck and/or crew fails to spray for more than one reason on a day for which liquidated damages are charged, no more than the daily liquidated damage rate for the spray truck shall be charged for that day.

c. Each additional spray truck/crew (from paragraph F above) that fails to report within five (5) calendar days, when requested, and qualify within one (1) day calendar after reporting, such charges shall begin after the sixth day and continue until it is operational.

H. Delays Beyond the Control of the Contractor

The Contractor shall not be liable for delays or failures caused by CDFA or reasons beyond the control of the Contractor.

I. Cost of Lost, Jettisoned, Spilled, or Improperly Dispensed Pesticide

An estimate of the amount of pesticide that is jettisoned for any reason or improperly applied, will be made by the PR, and the cost thereof may be deducted from any amounts due to the Contractor. A report shall be prepared by the PR identifying the amount of pesticide lost due to negligence (including, but not limited to spillage, overflowing tanks and leakage of tanks) on behalf of the Contractor’s personnel.