2CA07715_Bidders_Instructions.pdf

STATE OF CALIFORNIA THE NATURAL RESOURCES AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF FORESTRY AND FIRE PROTECTION

P.O. Box 944246

SACRAMENTO, CA 94244-2460

(916) 653-7772 Website: www.fire.ca.gov

March 11, 2026

Dear Potential Contractor, The California Department of Forestry and Fire Protection (CAL FIRE) currently has a contracting opportunity for Janitorial Services with CAL FIRE Butte Unit (BTU) Resource and Vegetation Management Office located at 2535 Zanella Way, Chico, CA 95928. Only California Certified Small Businesses are eligible to submit quotes on this request.

The prime Certified Small Business bidder may not subcontract out any portion of the work.

Please find attached a Rate Sheet, Darfur Contracting Act form (CAL FIRE-720), Payee Data Information form (STD 204), Contractor Certification Clauses form (CCC 04/2017), and a Sample Agreement (STD 213). Please review the Sample Agreement (STD 213) for a detailed Scope of Work and contract requirements. Contractor shall be responsible for services as described within the Sample Agreement (STD 213). The sample agreement is for information only. Please do not fill out any information within the sample agreement.

A mandatory site walk-through is scheduled at 10:00am, March 18th at the following location:

CAL FIRE BTU Resource and Vegetation Management Office, 2535 Zanella Way, Chico, CA 95928

Please contact Danielle Tomasevich, danielle.tomasevich@fire.ca.gov or (530) 538-7111, no later than 3:00pm, March 17th to arrange for attendance of the conference.

Any questions that are not addressed at the walk-through must be submitted to Connor MacDonald by 5:00pm, March 19th. No further questions will be entertained after that date.

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions (GTC 02/2025) and Contractor Certification Clauses that may be viewed and downloaded at Internet site https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard- Contract-Language. If you do not have Internet access, a hard copy can be provided by contacting the person listed below.

Executive Order N-6-22 – Russia Sanctions:

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S.

government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

If your company is interested in competing for this contracting opportunity, please submit following documents attached by email to my attention, Connor MacDonald, connor.macdonald@fire.ca.gov; by 5:00pm March 27th.

Attachment 1, Rate Sheet Bid/ Bidder Certification Sheet Darfur Contracting Act form (CAL FIRE-720) Payee Data Information (STD 204) Contractor Certification Clauses (CCC 04/2017) Proof of valid Department of Industrial Relations (DIR) Janitorial Registration

Please contact me with any further questions.

Thank you for your interest in contracting with the Department of Forestry and Fire Protection.

Connor MacDonald Contract Analyst CAL FIRE Business Services Phone: 916-894-9856 E-Mail : connor.macdonald@fire.ca.gov

ATTACHMENT 1

RATE SHEET

Rate Sheet for 2CA07715 Janitorial Services at CAL FIRE Butte Unit (BTU) Resource and Vegetation Management Office located at 2535 Zanella Way, Chico, CA 95928.

SECTION A Note to Bidder: Use the information provided below for bid calculations.

Contractor MUST pay their employees at least the minimum blended rates (as described herein) for Wages and Benefits. If Contractor is going to use employee(s) with a job title other than what is listed, please refer to the CalHR website to obtain the blended rates.

The Department has elected to use the Blended Benefit Rates.

If actual benefits are already being provided, Contractor is required to provide proof of each type of benefit, with the dollar value, at time of award. Wages and Benefits must meet the Government Code Section 19134 requirements as posted on the CalHR website:

Personal Services Contracts, Mandatory Benefits Rates (ca.gov)

A B C D

Employee Job Title

Blended Hourly *Salary Rate

Blended **Benefits Rate

Hourly Rates (B) + Blended Benefit Rates (C) =Employee Total Rate

Custodian I $16.31 $15.51 $31.82

SECTION B Note to Bidder: Use the calculations from Section A, as appropriate, to complete Section B.

Item No.

Unit of Measure

Description of Services Unit Price Estimated Quantity

Subtotal (Unit Price x

Quantity)

1 Weekly Weekly (Thursdays) Janitorial Services as described in Exhibit A, Scope of Work $ 156 $

2 Monthly Monthly Janitorial Services as described in Exhibit A, Scope of Work $ 36 $

The Contractor shall perform all work under this Agreement for the total sum of $

1. The above quantities are estimates only and are given as a basis for comparison of bids. No guarantee is made or implied as to the exact quantity that will be needed.

2. In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail.

3. Please do not alter, modify, or change this bid proposal sheet. Any alterations, modifications, or changes to this bid proposal sheet will be grounds to reject the bid.

4. Each line item must be bid. Please do not leave any unit price column blank or this bid proposal sheet will be disqualified from competition for contract award.

Per Government Code Section 19134, the Blended Benefits Rates are set at 85 percent of the State’s salary and benefit cost for State employees.

*Salary” includes wages, retirement, Social Security, and Medicare **Benefits” includes health, dental, vision, holidays, sick leave, and vacation.

Submitted by: ______________________________________________________ Date: _______________________

Contact Name / Title:

Company Name:

Company Address:

Telephone Number:

E-Mail Address:

The estimated quantities above are estimated only and this is no guarantee as to the actual number of services needed; they may be lower or higher. The “cost quote” above will be used solely for computing the cost as a fair and equitable formula to determine the low bidder and is not binding on the contracting agency. However, the actual costs quoted in the cost sheet shall be binding for the term of the Agreement.

BID/BIDDER CERTIFICATION SHEET

This Bid/Bidder Certification Sheet must be signed and returned along with all the "required attachments" as an entire package in duplicate with original signatures/ electronic signature. The bid must be transmitted in accordance with Solicitation instructions.

A. Our all inclusive bid is submitted as detailed in Attachment 1, Rate Sheet.

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

C. 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 Bid/Bidder Certification Sheet May Be Cause For Rejection

1. Company Name 2. Telephone Number 2a. Fax Number

3. Address

E-mail Address:

5. Partnership Indicate your organization type: 4. Sole Proprietorship

6. Corporation 6a. L.L.C. Limited Liability 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 DVBE Certification as:

a. California Small Business Enterprise Yes No Yes No

If yes, enter certification number:

a. Disabled Veteran Business Enterprise Yes No

If yes, enter certification number:

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 OSBCR, if an application is pending:

Completion Instructions for Bid/Bidder 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.

Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one

(1) 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.

Check if your firm is a partnership. A partnership is a voluntary agreement between two (2) 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 (2) or more persons to carry on, as co-owners, a business for profit.

6, 6a

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. Or a Limited Liability Corporation.

Enter your federal employee tax identification number.

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.

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.

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 (1) or both, place a check in the "No" box. If your certification is pending, enter the date your application was submitted to OSBCR.

DARFUR CONTRACTING ACT VENDOR CERTIFICATION

Pursuant to Public Contract Code Section 10478, if a bidder or proposer currently, or within the previous three (3) years, has had business activities or other operations outside of the United States, it must certify that it is not a “scrutinized company” as defined in Public Contract Code Section 10476 (see attached definition).

Therefore, to be eligible to submit a bid or proposal, please complete the company/vendor information and one of the three following clauses (NOTE: Clause #1 requires initials only; Clause #2 requires initials only; Clause #3 requires initials and a certification signature):

DATE

FEDERAL ID NUMBER

PRINTED COMPANY / VENDOR NAME

PRINTED NAME AND TITLE OF AUTHORIZED PERSON INITIALING AN OPTION BELOW

Complete ONLY ONE of the following:

1. _____ We do not currently have, and have not had within the previous three (3) years, business Initials activities or other operations outside of the United States.

only

OR

2. _____ We are a scrutinized company as defined in Public Contract Code Section 10476, but we Initials have received written permission from the Department of General Services (DGS) to submit only a bid or proposal pursuant to Public Contract Code Section10477(b). A copy of the written permission from DGS is included with our bid or proposal.

OR

3. _____ We currently have, or we have had within the previous three (3) years, business activities Initials or other operations outside of the United States, but we certify below that we are not a + scrutinized company as defined in Public Contract Code Section 10476.

certification below

CERTIFICATION for #3 I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective proposer/bidder to the clause listed above in #3. This certification is made under the laws of the State of California.

BY (AUTHORIZED SIGNATURE)

PRINTED NAME AND TITLE OF AUTHORIZED PERSON SIGNING

DATE EXECUTED

EXECUTED IN THE COUNTY AND STATE OF

DEFINITION of SCRUTINIZED COMPANY

PUBLIC CONTRACT CODE SECTION 10476

10476. As used in this article, the following definition applies:

"Scrutinized company" means a company in Sudan that is involved in power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, but excludes a company that can demonstrate any of the following:

(a) Its business operations are conducted under contract directly and exclusively with the regional government of southern Sudan.

(b) Its business operations are conducted under a license from the Office of Foreign Assets Control or are expressly exempted under federal law from the requirement to be conducted under such a license.

(c) Its business operations consist of providing goods or services to marginalized populations of Sudan.

(d) Its business operations exclusively consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization.

(e) Its business operations consist of providing goods or services that are used only to promote health or education.

(f) Its business operations with the Government of Sudan will be voluntarily suspended for the entire duration of the contract for goods or services for which they have bid on, or submitted a proposal for, a contract with a state agency.

(g) It has adopted, publicized, and is implementing a formal plan to cease business operations within one year and to refrain from conducting any new business operations.

PAYEE DATA RECORD (STD 204)

All bidders must complete the Payee Data Record (STD 204) and include it with the bid response.

The Payee Data Record (STD 204) is available at the following website:

http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

THE REST OF THIS PAGE IS BLANK

CONTRACTOR CERTIFICATION CLAUSES (CCC 04/2017)

All bidders must complete the Contractor Certification Clauses form (CCC 04/2017) and include it with the bid response.

The Contractor Certification Clauses Form (CCC 04/2017) is available at the following website:

https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC- 042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE

THE REST OF THIS PAGE IS BLANK

2. The term of this Agreement is:

SAMPLE

Contractor TBD Contract Number 2CA07715

CAL FIRE

EXHIBIT A

(Scope of Work)

SCOPE OF WORK

1. Contractor agrees to provide to the California Department of Forestry and Fire Protection (CAL FIRE) Janitorial Services, as described herein:

Contractor shall provide all materials, labor, equipment, tools, permits, taxes, transportation, and fees to provide janitorial services. Janitorial Services are necessary to ensure a clean facility that does not impede operations or negatively affect the health and hygiene of CAL FIRE personnel.

2. The Agreement may be amended to increase services at the rate(s) specified in Attachment 1, Rate Sheet.

3. Subcontracting is not permitted under this Agreement. All references to subcontracting or Subcontractors as found herein are not applicable to this Agreement.

4. The services shall be performed at the CAL FIRE Butte Unit (BTU) Resource and Vegetation Management Office located at 2535 Zanella Way, Chico, CA 95965.

5. Any reference to CAL FIRE Project Representative shall also include their designee.

6. This Agreement will commence on May 01, 2026 (estimate) or upon approval by CAL FIRE, whichever is later, and no work shall begin before that time. This Agreement is of no effect unless approved by CAL FIRE. Contractor shall not receive payment for work performed prior to approval of the Agreement and before receipt of notice to proceed by CAL FIRE Project Representative. This Agreement shall expire on April 30, 2029 (estimate). The services shall be provided during normal working hours, Monday through Friday, 8:00 a.m. to 5:00 p.m., except State holidays. The parties may amend this Agreement as permitted by law.

7. The Project Representatives during the term of this agreement will be:

California Department of Forestry and Fire Protection (CAL FIRE) Contractor: TBD

Name: Project Representative:

Address: (Street Address, City State, Zip Code) Address: (Street Address, City State, Zip Code)

Phone: Phone:

Email: Email:

8. Detailed Scope of Work

A. Weekly Services:

1) Offices, Entryway, and Halls

a) Dust and spot clean: tables, counters, chairs, and other furniture throughout office. Remove spiderwebs from all surfaces.

b) Vacuum all carpeted floor areas and area rugs including behind doors and move all chairs/shredders out to vacuum under desks/furniture.

c) Sweep, damp mop, and remove heel marks on all hard surface floors.

d) Empty and clean all waste baskets and shredding equipment containers, replace liners in waste baskets only as needed. Place waste and cardboard in appropriate bins on each cleaning day.

e) Spot clean walls, base boards, partitions, and doors.

f) Sweep all outside entryways.

CAL FIRE

EXHIBIT A

(Scope of Work)

2) Breakroom

a) Clean and wipe down tables, cabinets, top of appliances, and counter (wipe around items if not allowed to move).

b) Clean sink area (Contractor not responsible for cleaning dishes. When dishes are in the sink, Contractor is not responsible for cleaning sink and shall notate this on checklist).

c) Sweep entire kitchen floor including under/or behind table, doors, trash cans, ice machines, and appliances not permanently fixed to kitchen cabinets (move chairs out from table for sweeping/mopping).

d) Mop breakroom floors with germicide and clean floor edges/baseboards around walls and furniture.

e) Empty and replace all waste basket liners and place waste in trash bin.

f) Contractor is not responsible for cleaning inside microwave or top of the stove.

g) Spot clean walls, baseboards, and doors.

3) Restrooms

a) Refill all restroom dispensers from stock on-hand.

b) Replace deodorant grass/blocks as needed from on-hand stock.

c) Clean, scour, and disinfect sinks, toilet, toilet seats, and urinals.

d) Clean restroom fixtures, mirrors, and chrome fittings.

e) Spot clean walls, handrails, base boards, partitions, and doors.

f) Remove spider webs from all surfaces.

g) Sweep and mop floors with germicide and clean floor edges/baseboards around walls and furniture.

h) Empty all waste baskets and place waste in trash bins. Replace waste basket liners only as needed.

B. Monthly Services

1) Wash all windows inside and outside. Clean debris and remove cobwebs.

C. Quality Control Checklists

1) Contractor shall document performance of all tasks as scheduled and specified in Exhibit A, Scope of Work, by completing the checklists entitled Attachment 2, Janitorial Checklists.

2) The checklist will be provided to Contractor and posted in an area determined by CAL FIRE Project Representative.

3) Contractor shall complete the checklist weekly as required tasks are accomplished.

4) CAL FIRE Project Representative will review the completed checklist weekly and provide any feedback to Contractor. CAL FIRE Project Representative will schedule with Contractor quarterly walk-though inspections to evaluate Contractor's performance.

5) Contractor shall supply list of “Company policies or rules” that employees are required to follow in the scope of work (i.e., move furniture to vacuum/clean, relocate equipment to other building, etc.) to CAL FIRE Project Representative upon contract execution.

D. Supplies

1) CAL FIRE will provide hand soap, deodorant blocks, paper towels, toilet paper, toilet seat covers, waste baskets, plastic waste basket liners, and bullet proof glass cleaning solution.

2) Contractor shall provide all other supplies, cleaning equipment and tools necessary to perform all required services and tasks (i.e., vacuums, mops, brooms, sponges, germicide, other cleaning products, etc.).

CAL FIRE

EXHIBIT A

(Scope of Work)

3) All cleaning agents must be at factory recommended strengths for cleaning. Dilute only concentrated cleaning products. Use appropriate cleaning and disinfectant products for each specific material, fixtures, and furniture.

4) Contractor shall inform CAL FIRE Project Representative when the materials/supplies need to be replenished.

E. Janitorial Supply Closet

1) Contractor shall be responsible for keeping the janitorial supply closet clean, orderly, and stocked with supplies. Contractor shall keep a minimum of three (3) days’ worth of supplies available in the supply closet at all times.

2) Contractor shall request additional supplies furnished by CAL FIRE using the janitorial service checklist submitted to the CAL FIRE Project Representative.

3) Requests for supplies must be made before stock levels fall below a two (2) week supply.

F. Security

1) Contractor shall be responsible for properly securing doors when entering and exiting buildings on rare occasions when CAL FIRE staff are not present. CAL FIRE will provide the Contractor the door lock code and disable the alarm system during these occasions.

2) Contractor shall perform the following safety and security measures every day after completing work and before leaving the building and grounds:

a) Keep the Janitor’s closet clean and orderly.

b) Check and secure windows, doors and gates.

2CA07715 RVMO Janitorial Services

CAL FIRE

EXHIBIT B

(Budget Detail and Payment Provisions)

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Invoicing and Payment

A. For services satisfactorily completed in accordance with the terms and conditions stated herein, and upon receipt and approval of the invoice(s), the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the specified as follows: attached hereto as Attachment 1 – Rate Sheet and made a part of this Agreement.

B. Contractor shall submit, in arrears, not more frequently than once a month, and no less than quarterly, an invoice to CAL FIRE for cost incurred pursuant to the agreement. In addition, each invoice shall contain the following information:

B. Each Invoice shall include:

1) The agreement number 2CA07715.

2) The dates or time-period which the invoiced costs were incurred.

3) Description of service, quantity, rate, and total for the current invoice.

4) Certified Small Business or DVBE #, if applicable.

C. Invoice(s) shall be submitted to:

California Department of Forestry and Fire Protection Attention: TBD

Street Address/P.O. Box City, State, Zip Phone Number

Email

2. Budget Contingency Clause

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

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

3. Prompt Payment Clause

A. Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. In the event of an emergency, as defined in section 927.11, late payment penalties may not apply. Specific to CAL FIRE, if an invoice from a business under contract with CAL FIRE becomes subject to late payment penalties during the annually declared fire season, then the required payment approval date shall extend 30 calendar days beyond the initial 45-day period, except in the case of a contract with a certified small business, a certified Disabled Veteran Business Enterprise, a non-profit organization, or a non-profit public benefit corporation.

B. Pursuant to Public Contract Code Section 10262, Contractor shall pay its Subcontractor(s) within seven (7) calendar days from receipt of each payment made to Contractor by CAL FIRE.

C. Failure of Contractor adhering to Public Contract Code Section 10262 may result in termination of this Agreement per Public Contract Code Section 10253 and disciplinary action by the Contractors State License Board may be implemented.

D. Any subcontract entered into as a result of this Agreement shall contain all the provisions of this clause.

CAL FIRE

EXHIBIT B

(Budget Detail and Payment Provisions)

4. Cost Limitation

A. Total amount of this Agreement shall not exceed $TBD.

B. It is understood and agreed that this total is an estimate, and that CAL FIRE will pay only for those services actually rendered as authorized by CAL FIRE Project Representative up to the total amount set forth in Section 4A, above.

5. Costs Included in Bid Rates

The cost of employer payments to or on behalf of employees, subsistence, travel, compensation insurance premiums, unemployment contributions, social security taxes, Agreement bond premiums, and any other taxes or assessments including sales and use taxes required by law or otherwise shall be included in the Agreement rates and no additional allowance will be made thereof, unless separate payment provision should specifically so provide.

6. Employee Benefits

A. Pursuant to Government Code Section 19134, Contractor shall provide applicable wages and employee benefits and/or In Lieu Cash payment rates to all covered employees. With the exception of receiving holiday pay as described in Government Code Section 19134(h), this section does not apply to personal services Agreements for the services performed by employees of nonprofit organizations that are employed in accordance with any of the following: (1) A special license issued pursuant to Labor Code Section 1191.5. (2) A special certificate issued pursuant to Section 214 of Title 29 of the United States Code. (3) A community rehabilitation plan described in Welfare and Institutions Code (WIC) Sections 19152 and 19404. (4) A habilitation services program as described in WIC Sections 19352 and 19356.

1) “Wages” means hourly payments paid pursuant to Government Code Section 19134 to a covered employee for work performed by such employee. Wages must be valued of at least 85 percent (85%) of wages paid to State of California employees performing similar work.

2) “Employee Benefits” includes:

a) Health Benefits (means coverage a Contractor provides to a covered employee, either through a purchased plan or by self-insurance) for:

(1) Basic health care, as identified in 28 California Code of Regulations Section 1300.67

(2) Dental services

(3) Vision services

(4) Retirement Benefits

(5) Holiday Pay, Sick Pay, and Vacation Pay

b) Benefits shall be valued of at least 85 percent (85%) of the State cost for State of California employees performing similar work, or In Lieu Cash Payments, or a combination of the actual benefit and In Lieu Cash Payments totaling at least eight-five percent (85%) of the State cost.

c) In Lieu Cash Payments to Covered Employees are valued of at least 85 percent (85%) of the State cost for State of California employees performing similar work.

B. “Covered Employee” means a person who performs any of the services as more than an incidental part of their duties under this Agreement. This excludes a person who performs solely supervisory or administrative services under this Agreement, or an owner/operator.

Rates: “Blended” rates are determined by the California Department of Human Resources (CalHR). Rates for specific personal service classifications are included in annual Personal Services Contracts, which may be found at: Personal Services Contracts - CalHR Website. Government Code 19134 requires CalHR to set rates at 85 percent (85%) of the State’s salary and benefit cost for State employees performing similar duties. The blended rates for this Agreement are as follows:

CAL FIRE

EXHIBIT B

(Budget Detail and Payment Provisions)

Classification: Custodian I

Current hourly rate is $16.31

Current blended Benefits rate is $15.51

Blended rates are adjusted annually in February by CalHR. Any published rate changes that occur during the term of the Agreement shall be given effect by Agreement amendment, with an effective date retroactive to the date rate changes were published by the CalHR.

C. Reports

In order to receive any payment under this Agreement, Contractor shall provide, along with their monthly invoice, a monthly report that shall include the following items:

1) The number of Covered Employees who received Wages and Employee benefits and/or In Lieu Cash Payments in the preceding month. The number of hours each Covered Employee worked on this Agreement in the preceding month.

2) The name of each Covered Employee who received Wages and Employee Benefits and/or In Lieu Cash Payments in the preceding month.

3) The amount paid to each Covered Employee for Wages and Employee Benefits and/or In Lieu Cash Payments in the preceding month. Contractor must itemize amounts paid for wages and for each type of employee Benefit/In Lieu Cash Payment separately.

4) The total monthly cost of Wages and Employee Benefits or In Lieu Cash Payments in the preceding month, excluding any administrative or indirect costs.

D. Agreements and documents relating to implementing Government Code Section 19134 may be audited by CAL FIRE, the DGS, and/or the Bureau of State Audits, or, in the case of a State-Leased Facility, by the contracting lessor.

E. Failure to comply with the provisions of Government Code Section 19134 constitutes a material breach, which could subject the Agreement to immediate termination by CAL FIRE.

CAL FIRE

EXHIBIT D

(Special Terms and Conditions)

SPECIAL TERMS AND CONDITIONS

1. 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 or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to this Agreement. California may pay any applicable sales and use tax imposed by another state.

2. Settlement of Disputes

A. In the event of a dispute, within 10 days of discovery of the problem, Contractor shall file a "Notice of Dispute" with:

California Department of Forestry and Fire Protection Attention: CAL FIRE Project Representative P.O. Box 944246 Sacramento, CA 94244-2460

B. Within 10 days of CAL FIRE receiving Contractor's notice, the Contracts Representative or designee shall advise Contractor of the findings and recommend a method to resolve the dispute. Decision of the Contracts Representative or designee shall be final.

C. In the event of a dispute, the language contained within this Agreement shall prevail over any other language including that of the bid proposal.

3. Right to Terminate

A. Termination for Cause

The agreement can be immediately terminated for cause. (Refer to GTC, Exhibit C, Item 7. Termination for Cause)

B. Termination without Cause

The State reserves the right to terminate this agreement subject to 30 days written notice to the Contractor.

Contractor may submit a written request to terminate this agreement only if the State should substantially fail to perform its responsibilities as provided herein.

4. Retention of Records/ Audits

A. Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement (GC § 8546.7, PCC § 10115 et seq., CCR Title 2, §1896). Contractor shall comply with the above and be aware of the penalties for violations of fraud and for obstruction of investigation as set forth in PCC § 10115.10.

B. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this clause.

5. Subcontractors

Contractor shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted.

6. DVBE Participation (Without Goals)

CAL FIRE has established no goals for the DVBE participation for this Agreement. However, Contractor shall be fully informed respecting the California Public Contract Code Sections 10115 et seq., which is incorporated by reference.

CAL FIRE

EXHIBIT D

(Special Terms and Conditions)

Contractor is urged to obtain DVBE Subcontractor participation should clearly defined portions of the work become available.

7. Non-Solicitation

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 an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained or contracted by 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 in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

8. Laws to be Observed

Contractor shall keep fully informed of all existing and future State and Federal laws and county and municipal ordinances and regulations which in any manner affect those engaged or employed in the work, the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall at all times observe and comply with and shall cause all agents and employees to observe and comply with, all such existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority over the Agreement.

Contractor shall protect and indemnify the State of California and all officers and employees thereof connected with the work against any claim, injury, or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by Contractor, its Subcontractor(s), or an employee(s). If any discrepancy or inconsistency is discovered in the plans, drawings, specification, or Agreement for the work in relation to any such law, ordinance, regulation, order, or decree, Contractor shall immediately report the same to CAL FIRE Project Representative in writing.

9. Specific Legal References

Any reference to specific statutes, regulations, or other legal authority in this Agreement shall not relieve Contractor from the responsibility of complying with all existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority over the Agreement.

10. Equipment Indemnification

A. Contractor shall indemnify CAL FIRE for any claims against CAL FIRE for loss or damage to Contractor’s property or equipment during its use under this Agreement and shall, at Contractor’s own expense, maintain such fire, theft, liability, or other insurance as deemed necessary for this protection. Contractor assumes all responsibility which may be imposed by law for property damage or personal injuries caused by defective equipment furnished under this Agreement or by operations of Contractor or Contractor’s employees under this Agreement.

B. Any subcontract entered into as a result of this Agreement shall contain all the provisions of this clause.

11. Evaluation of Contractor

Performance of the Contractor under this Agreement will be evaluated. The evaluation shall be prepared on Contract/Contractor Evaluation Sheet (STD 4) and maintained in the Agreement file. For consultant agreements, a copy of the evaluation will be sent to the California Department of General Services, Office of Legal Services, if it is negative and over $5,000.00.

12. 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.

CAL FIRE

EXHIBIT D

(Special Terms and Conditions)

13. Force Majeure

Neither party shall be liable to the other for any delay in or failure of performance, nor shall any such delay in or failures of performance constitute default, if such delay or failure is caused by “Force Majeure.” As used in this section, “Force Majeure” is defined as follows: Acts of war and acts of God such as earthquakes, floods, and other natural disasters such that performance is impossible.

14. Employment of Undocumented Workers

By signing this Agreement, Contractor swears or affirms that it has not, in the preceding five (5) years, been convicted of violating a State or Federal law relative to the employment of undocumented workers.

15. Contractor Name Change

Contractor shall provide a written notice to the State at least 30 days prior to any changes to the Contractor’s current legal name.

16. Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards

In addition to, and not a limitation of, Contractor’s indemnification obligations contained elsewhere in this Agreement, Contractor hereby assumes all risks of the consequences of exposure of Contractor’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this Agreement. Such hazards include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind, or origin. Contractor also agrees to take all appropriate safety precautions to prevent any such exposure to Contractor’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. Contractor also agrees to indemnify and hold harmless CAL FIRE, the State of California, and each and all of their officers, agents and employees, from any and all claims and/or losses accruing or resulting from such exposure. Except as provided by law, Contractor also agrees that the provisions of this paragraph shall apply regardless of the existence or degree of negligence or fault on the part of CAL FIRE, the State of California, and/or any of their officers, agents and/or employees.

17. Mandatory Organic Waste Recycling

It is understood and agreed that pursuant to Public Resources Code Sections 42649.8 et seq., if Contractor generates four (4) cubic yards or more of organic waste or commercial solid waste per week, Contractor shall arrange for organic waste or commercial waste recycling services that separate/source organic waste for organic waste recycling.

Contractor shall provide proof of compliance, i.e. organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling, upon request from CAL FIRE.

https://calrecycle.ca.gov/buyrecycled/.

18. Health and Safety

A. Contractor and all subcontractors shall abide by all health and safety mandates issued by federal, state, and local governments and/or public health officers as well as those issued by CAL FIRE, and worksite specific mandates.

If multiple mandates exist, the Contractor and subcontractors shall abide by the most restrictive mandate. The term “employee”, “worker”, “state worker” or “state employee” in health and safety mandates includes contractor and subcontractor personnel.

B. Costs associated with adhering to health and safety mandates are the responsibility of the Contractor. Contractor is responsible for the tracking and compliance of health and safety mandates and may be audited upon request.

19. Executive Order N-6-22 – Russia Sanctions

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S.

government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that

CAL FIRE

EXHIBIT D

(Special Terms and Conditions) shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

CAL FIRE

EXHIBIT E

(Additional Provisions)

ADDITIONAL PROVISIONS

1. Insurance Requirements

A. General Provisions Applying to All Policies

1) Deductible and Premiums

a) Contractor is responsible for any deductible or self-insured retention contained within the insurance program.

b) The Department will not provide for nor compensate Contractor for any insurance premiums or costs for any type or amount of insurance.

2) Coverage Term and Policy Cancellation or Termination:

a) Coverage must be in force for the complete term of this Agreement. If insurance expires during the term of this Agreement, a new certificate must be received by CAL FIRE project representative at least ten (10) days prior to the expiration of the insurance. Any new insurance must continue to comply with the original terms of this Agreement.

b) Contractor shall provide, to CAL FIRE project representative within five (5) business days, following receipt by Contactor, a copy of any cancellation or non-renewal of insurance required by this Agreement.

In the event Contractor fails to keep, in effect at all times, the specified insurance coverage, the State may, in addition to any other remedies it may have, terminate this Agreement upon the occurrence of such event, subject to the provisions of this Agreement.

3) 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.

4) 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.

5) The Department will not provide for nor compensate Contractor for any insurance premiums or costs for any type or amount of insurance.

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

Department of General Services, ORIM Website: https://www.dgs.ca.gov/ORIM.

7) When Contractor submits a signed contract to the State, Contractor shall furnish to the State a certificate of insurance stating that all required insurance is in effect for the Contractor.

B. General and Commercial Liability Insurance

1) Contractor shall provide commercial general liability insurance of not less than $1,000,000.00 per occurrence for bodily injury and property damage liability combined in effect for the Contractor.

2) The policy shall include coverage for liabilities arising out of premises, operations, independent contractors, products, completed operations, personal and advertising injury, and liability assumed under an insured Agreement. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to Contractor's limit of liability.

3) The certificate of insurance will include the following provision in its entirety:

The State of California, its officers, agents and employees are included as additional insured, but only with respect to work performed for the State of California under the contract.

4) The additional insured endorsement must accompany the certificate of insurance.

CAL FIRE

EXHIBIT E

(Additional Provisions)

5) This endorsement must be supplied under form acceptable to the Department of General Services, Office of Risk and Insurance Management.

C. Worker’s Compensation Insurance

Contractor shall provide Worker’s Compensation Insurance with Waiver of Subrogation in favor of the State of California. Employer’s liability shall be not less than $1,000,000.00. The following clause should be included:

"Waiver of Subrogation in favor of the State of California or in favor of CAL FIRE:" By signing this Agreement, the Contractor hereby warrants that it carries Workers’ Compensation Insurance on all of its employees who will be engaged in the performance of this Agreement. If Staff provided by the Contractor is defined as independent contractors, this clause does not apply.

D. Commercial Automobile Insurance on Owned, Hired, and Non-Owned vehicles.

Contractor shall provide Commercial Automobile Insurance on Owned, Hired, and Non-Owned vehicles of not less than $1,000,000.00 policy. The same additional insured designation and endorsement required for general liability is to be provided for this coverage.

E. Available Coverages/Limits

In the event the insurance coverages obtained by Contractor is broader in scope than, and/or the limits are higher than, those required under the contract, all such broader coverage and/or higher limits available to Contractor shall also be available and applicable to the State.

2. Regulations

A. Contractor shall observe and comply with all federal, state, city, and county laws, rules or regulations affecting the work. Any work done that does not comply with any laws, rules, or regulations will be remedied at the Contractor's expense.

B. Contractor shall cooperate with the CAL FIRE authorities and shall observe and comply with all regulations presently in force on CAL FIRE grounds.

3. Americans with Disabilities Act

By signing this contract, the contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990 (42 USC § 12101 et seq.), which prohibits discrimination on the basis of disability, as well as with all applicable regulations and guidelines issued pursuant to the ADA.

4. Motor Carrier Permit Requirements

A. Contractor is responsible for determining whether California Vehicle Code Sections 34601 and 34620 require Contractor to have a valid Motor Carrier Permit(s) (MCP) issued by the Department of Motor Vehicles (DMV) in order for Contractor to lawfully perform any part or aspect of the work described in Exhibit A, Scope of Work, and, if California Vehicle Code Sections 34601 and 34620 do require same for any part or aspect of such work, Contractor must have a valid MCP issued from the DMV for its services as a Motor Carrier of Property under this Agreement. Contractor shall pay any required fees necessary to obtain and maintain in good standing during the entire term of this Agreement any such required MCP(s).

B. The MCP(s), if any, required for Contractor's Motor Carriers of Property under California Vehicle Code Sections 34601 and 34620 shall be on file with Contractor for the duration of this Agreement. Upon request of CAL FIRE Contract Manager or his/her designee, Contractor must immediately provide to CAL FIRE a copy of the required MCP(s), if any.

5. License and Permits

A. The Contractor shall be an individual or firm currently licensed to do business in California and shall obtain at his/her expense all license(s) and permit(s) required by law for accomplishing any work required in connection with this contract. In the event the Contractor fails to keep in effect at all times all required license(s) and permit(s), the State may, in addition to any other remedies it may have, terminate this contract upon occurrence of such event.

CAL FIRE

EXHIBIT E

(Additional Provisions)

B. If you are a Contractor located within the State of California, a business license from the city/county in…